Page:Johnson v. Benson (162286) (2020) Order.pdf/16

16 elsewhere and secure delay in carrying out the recorded will of the electorate.”). As a result, in Goodwin, which involved a petition for a writ of quo warranto, we stated that this constitutional language “does not permit the regularity of elections to the more important public offices to be tried by the courts.” Goodwin, 22 Mich at 501. This rule has been followed in numerous cases, including in elections for the judiciary—but it has not been cited or discussed by this Court or the Court of Appeals in many decades. But the Senate’s rules currently provide for these contests. Senate Rule 1.202(d) (February 12, 2019).

The plain language of MCL 168.846, and the caselaw interpreting that language from our earlier constitutions, would appear to apply to contested presidential elections. And, since it is arguable whether quo warranto applies before a defendant assumes office, MCL 168.846 may offer the only route for contesting a presidential election before it becomes final. But the statute does not provide for any definite or detailed procedures to determine election contests, as the Electoral Count Act appears to contemplate. 3 USC 5. Compare, e.g., Cal Election Code 16400 and 16401 (providing for contests of “any