Page:Costantino v. City of Detroit (audit) (20-014780-AW) (2020) Opinion and Order.pdf/2

 After the entry of this court’s order, the Wayne County Board of Canvassers certified the WayneWayne County [sic] votes on November 17, 2020. The Board of State Canvassers certified the vote on November 23, 2020. Pursuant to MCL 168.845, the Board of State Canvassers delivered the statement and certificate of vote totaled determinations to the Michigan Secretary of State. On November 23, 2020 pursuant to MCL 168.46, Governor Whitmer filed the certificate of the names and addresses of the electors of this state chosen as electors of President and Vice President of the United States.

Plaintiffs renewed their motion for a results audit of Wayne County election results pursuant to Michigan Constitution Article 2, Section 4 (1)(h)4(1)(h) [sic]. Rather than the original request for an “independent, nonpartisan” audit, they now seek to have the audit conducted by the Wayne County Clerk. Plaintiffs’Plaintiffs [sic] request that the Clerk complete the audit before December 14, 2020, the date Michigan ElectorsMichigan’s electors [sic] are schedule to vote in the Electoral College.

The Defendant Wayne County Clerk claims Plaintiffs’ motion should be denied, because the Michigan Secretary of State, rather than the County Clerk, is statutorily responsible for conducting the audit. The County Clerk also contends that the Secretary of State has already committed to conducting an audit of the Wayne County election results and has not been joined as a party defendant to this motion.

The remaining defendants are not part of the Plaintiffs’ relief request. Defendants City of Detroit and Detroit Election Commission seek sanctions against Plaintiffs, claiming the present motion is frivolous.

Michigan Constitution Article 2, Section 4 (1)(h)4(1)(h) [sic], indicates that a citizen has “the right to have the results of statewide elections audited in such a manner as prescribed by law to ensure the accuracy and the integrity of elections.” This constitutional language was