Nessel, Benson remind county canvassing boards about their duty to certify election results

Henry Redman/States Newsroom

After an initial refusal by an Upper Peninsula canvassing board to fulfill its duties, Michigan Attorney General Dana Nessel and Secretary of State Jocelyn Benson have issued a reminder to members of county canvassing boards in the state of their obligation to certify election results. 

The guidance follows a delay by the Delta County Board of Canvassers to certify the county’s May 7 recall election after the two Republican members  cited, without evidence, irregularities in the vote totals. Following a letter from State Elections Director Jonathan Brater, the two dissenting members relented and voted to certify.

Brater’s letter reminded the canvassers that the consequences of failing to certify the results included: 

• A misdemeanor willful neglect of duty criminal charge 

• Delivery of election records to the Bureau of Elections in Lansing by the canvassers

• Substantial costs to the county, for which the canvassers may be personally responsible. 

Also included was a 2022 letter from the Department of Attorney General to state Sen. Jeremy Moss (D-Southfield) explaining that canvassing involves ministerial, non-discretionary duties required by law to be performed, and that the failure to adhere to the law may expose canvassers to liability. 

“Canvassers are legally required to certify the election results that are brought before them once the legal requirements have been met,” said Nessel, a Democrat. “Defying the will of the people based on conjecture, dissatisfaction in the results, or any other reason not based on Michigan law, will not be tolerated. While the Delta County Board ultimately met their obligations, and as a result have avoided the legal consequences, let this serve as a warning to all of the boards of canvassers across the state that the willful neglect of your duties is a criminal act.” 

Both state election law and the Michigan Constitution require certification to be based solely on the returns from precincts and absent voter counting boards and any corrected returns. They do not authorize refusal to certify based on claims made by third parties of alleged election irregularities or a general desire to conduct election investigations.

“Michigan’s law requires bipartisan boards of canvassers to carefully review election returns and certify our elections based on the election returns,” said Benson, a Democrat. “There is no room for canvassers to go beyond their authority, take the law into their own hands, or undermine the will of Michigan’s voters. Any canvassing board members that fail to fulfill their responsibilities under the law will see swift action to ensure the legal certification of election results, which will involve significant unnecessary costs for their local communities, along with possible civil and criminal charges against those members for their actions.”  

Nessel’s and Benson’s reminder also noted that the proper avenues of recourse for individuals who have reviewed available election material and believe fraud occurred exist, which include contacting local law enforcement and/or filing a challenge through the courts. 

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