Page:Costantino v. City of Detroit (audit) (20-014780-AW) (2020) Opinion and Order.pdf/3

 part of an amendment to the 1963 Michigan Constitution. The amendment was passed in the November 2018 general election.

In December 2018, the Michigan Legislature passed an amendment to MCL 168.31a that was given immediate effect. The amendment provided direction to the Michigan Secretary of State regarding its responsibilities for carrying out election audits as required under the amended Michigan Constitution Article 2, Section 4.

The 2018 amendment to MCL 168.31a (1)168.31a(1) [sic] retained earlier language that the Secretary of State may audit election precincts. It also sets forth the Secretary of State’s audit training and supervisory responsibilities for statewide election audits. MCL 168.31a (2)168.31a(2) [sic].

This Court believes that Michigan Constitution Article 2, Section 4 (1)(h)4(1)(h) [sic] and MCL 18.31a must be read together. When done so, the Court finds that MCL 168.31a tracks the requirements of Michigan Constitution Article 2, Section 4 (1)(h)4(1)(h) [sic]. In the present case, when Plaintiffs’Plaintiffs [sic] exercise their right under Article 2, Section 4, an audit is required to be conducted. MCL 168.31a prescribes the procedure and format for such an audit. However, MCL 168.31a also provides the Secretary of State with the discretion to audit election precincts in statewide elections if no elector of the state exercises the constitutional right to have an audit.

Plaintiffs have the right, pursuant to the Michigan Constitution, to have an audit of the November 3, 2020 general election. In light of Plaintiffs’ motion, the Court must determine whether the Wayne County Clerk will conduct the audit, when will it be conducted, and what type and scope of audit will occur.

As stated earlier, Michigan Constitution Article 2, Section 4 indicates that Michigan citizens have “the right to have the results of statewide elections audited in such a