Federal Judge Tosses Out GOP Lawsuit Attempting To Decertify 2020 Election Results in Michigan 

WASHINGTON, D.C. On Tuesday, Aug. 2, a federal judge dismissed a lawsuit brought by Michigan Republicans that sought to “re-run” and overturn the results of the 2020 presidential election in the state. Filed in September 2022, the challenge came nearly two years after a federal court rejected a separate Republican lawsuit attempting to decertify President Joe Biden’s decisive victory in Michigan, where he handily won by 154,000 votes. 

The Republican plaintiffs behind the frivolous challenge included the Macomb County Republican Party, a candidate for Michigan governor, a conservative non-profit organization, voters and a county clerk, who allegedly turned over a vote tabulator to a group espousing unfounded claims of fraud in Michigan’s 2020 election. The lawsuit claimed that the electronic voting machines and tabulators used during the 2020 presidential election and the 2022 midterm elections “were not certified or accredited in accordance with” Michigan election law nor were they “certified by the US Election Assistance Commission.” 

Among other baseless and outlandish claims, the plaintiffs alleged that the 2020 election was conducted in an “unlawful and illegal” manner and should not have been certified because Michigan Secretary of State Jocelyn Benson (D) and Gov. Gretchen Whitmer (D) lacked the authority to hold elections under “uncertified” electronic voting machines. 

The Republicans requested that the state “rerun the Michigan 2020 presidential election as soon as possible, by way of a special election, with paper ballots only, on a single election day, with the votes being counted by hand, with members of all political parties present to observe, with a public livestream of all vote counting.” 

In Tuesday’s order dismissing the lawsuit in full, the judge held that the plaintiffs lacked standing to “seek a do-over for the 2020 election.” The judge also rejected the plaintiffs’ allegations about how the use of “uncertified” electronic voting machines in the 2022 midterm elections “diluted” their votes and equal protection rights: “Plaintiffs do not explain in any coherent manner how the use of uncertified machines causes unauthorized ballots to be cast or counted or authorized ballots to be discounted or flipped.” 

In addition to being a victory for Michigan voters, this dismissal is a meaningful rejection of Republicans’ unrelenting efforts to challenge the outcome of the 2020 election and to promulgate conspiracy theories about rampant fraud in Michigan and other states. “This lawsuit appears to be yet another brought by misguided individuals who reject the outcome of the 2020 presidential election. Many of Plaintiffs’ allegations rely on tired examples of alleged malfeasance that have been debated for several years, most without proof or resolution,” the order concluded.  

This victory comes in the wake of other recent accountability measures being imposed on those who tried to subvert the 2020 election in the Great Lakes State. Earlier this month, Michigan Attorney General Dana Nessel (D) announced that she was charging 16 Michigan residents with a slew of felonies for their involvement in a false electors scheme within the state. Failed Michigan attorney general candidate Matthew DePerno (R) and others are also facing criminal charges for illegally accessing and tampering with voting machines after the 2020 election.

Read the order here. 

Learn more about the case here.