Page:Costantino v. City of Detroit (audit) (20-014780-AW) (2020) Opinion and Order.pdf/4

 manner as prescribed by law to ensure the accuracy and integrity of elections.” The Michigan Legislature supplied the request “as prescribed by law” in December 2018 by giving immediate effect to the amendment to MCL 168.31a. The statute MCL 168.31a (1)168.31a(1) [sic] authorizes the Secretary of State to audit the election precincts. MCL 168.31a (2)168.31a(2) [sic] authorizes the Secretary of State to prescribe the procedure for the election audits and the training and certifying of county clerks and their staffs for conducting the election audits, randomly selected by the Secretary of State in their counties. This section also directs the Secretary of State to supervise each county clerk in the performance of the election audits that are conducted. A review of MCL 168.31a does not authorize county clerks to conduct the election audit independently. This Court failed to find any legal authority permitting the Court to approve Plaintiffs’ motion for the Wayne County Clerk to implement an audit of the Wayne County election results.

A reading of MCL 168.31a is silent on the issue of when the audit of a statewide election is to occur. Some guidance, however, can be gleaned from MCL 168.847 which indicates the Secretary of State may authorize the release of all ballots, ballot boxes, voting machines, and equipment after 30 days following certification of an election by the Board of State Canvassers. Comparing these statutes, the Court fails to find guidance on the timing of any constitutional or statutory audit performed by the Secretary of State under these authorities. The Michigan Legislature has given the Secretary of State the responsibility for carrying out statewide audits, leaving the details to the Secretary’s discretion. This Court could not find any statutory mandate for the commencement date of the audit.

MCL 168.31a (2)168.31a(2) [sic] also guides the type and scope of the statewide election audit the Secretary of State will conduct. The statute indicated that there is to be an audit of a