“The certification process must not be manipulated to serve as some sort of retroactive referendum on the expressed will of the voters. That is simply not how democracy works,” chairwoman Lavora Barnes wrote to the board on Sunday.
If the board does not confirm the results and the Michigan Supreme Court does not subsequently order it to do so, Chatfield said “now we have a constitutional crisis." He and other Republicans, however, have indicated that they would not undermine the voters' will.
“Michigan election law clearly requires that the state’s electors must be those nominated by the party that received the most votes — not the Legislature,” says a stock email House Republicans are sending in response to people who contact their offices.
Experts on Michigan election law have said the state board's authority is limited in scope and that it must certify the results now that all 83 counties have reported theirs to the state. There is concern, though, because Trump personally called the two Republicans on Wayne County's board last week and they said a day later that they were rescinding their previous vote — following an earlier deadlock — but it was too late.
Senate Majority Leader Mike Shirkey, a Republican who met with Trump, suggested in a Sunday tweet that the state canvassers might “take the full time allowed by law to perform their duties" instead of voting Monday and said “it's inappropriate for anyone to exert pressure on them."
The deadline is Dec. 13, but that is five days after the federal “safe harbor” date — when Congress cannot challenge any electors named by that date in accordance with state law.
There is no evidence of widespread fraud in the 2020 election. In fact, election officials from both political parties have stated publicly that the election went well and international observers confirmed that there were no serious irregularities.
The issues Trump’s campaign and its allies have pointed to are typical in every election.
Republican U.S. Rep. Fred Upton, Michigan's current longest-serving member of Congress, told CNN on Sunday that “the voters spoke" and the state had no razor-thin presidential race.
“No one has come up with any evidence of fraud or abuse,” he said. He called the request to delay the certification “out of bounds.”
The trip to the White House has come under heavy scrutiny. The lawmakers stayed at the luxury Trump International Hotel, and two of them were photographed with expensive drinks at the hotel bar after the meeting.
Spokespeople for Shirkey and Chatfield said the legislators covered their expenses and that no taxpayer money was used. However, they did not say if the men paid for the trip themselves or if it was paid for in some other way such as by them tapping into their nonprofit “administrative” accounts that can accept contributions from corporate or other donors.
Finding out about who runs such lawmaker-connected organizations, who donates to them and what the money is spent on can be extremely difficult, according to a 2016 joint investigation by MLive and the Michigan Campaign Finance Network. Such accounts can be used to reimburse legislators for travel.
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