Updates About Elections

As previously reported in Updates from the Capitol, Attorney General Dana Nessel filed a petition for a special prosecutor with the Prosecuting Attorneys Coordinating Council (PACC) to investigate alleged statewide election fraud. On September 8, Muskegon County Prosecutor D.J. Hilson was assigned to review the investigation.

Nessel submitted the petition to the PACC asking for a special prosecutor to investigate fraudulent activity surrounding unauthorized access to voting machines following the 2020 general election. Notable targets of the investigation include state Representative Daire Rendon (R-Lake City), Attorney General candidate Matthew DePerno, and Barry County Sheriff Dar Leaf.

Under current law, if conflict exists within the Office of the Attorney General, a petition must be filed with the PACC to appoint a special prosecutor to take over the case. The PACC will review the materials and identify proper placement of the investigation.

On Friday, August 19, Republican gubernatorial candidate Tudor Dixon announced her choice of former state representative Shane Hernandez as her running mate. The announcement was made ahead of the August 27th Michigan Republican Party Convention, which was held to nominate statewide candidates for the November election.

Hernandez, who was nominated by attorney general candidate, Matt DePerno, at the convention, overwhelmingly won the nomination as Dixon’s running mate via a secret, paper ballot. Hernandez amassed approximately 80 percent of the vote, despite concerns that the Macomb County delegation and allies might attempt to thwart the nomination.

In related news, Dixon and Governor Gretchen Whitmer will have two televised debates prior to the November 8 election. The first will be hosted in Grand Rapids on October 13, while the second will be hosted in Detroit on October 25.

The Board of State Canvassers met on August 31 to consider the staff reports from the Bureau of Elections recommending that both the Promote the Vote and the Reproductive Freedom for All ballot initiatives be certified for the general election ballot.

The Board of State Canvassers deadlocked on voting to certify the Promote the Vote initiative, with the two Republican members, Chairman Tony Daunt (R-DeWitt) and Richard Housekamp (R-Grand Rapids) voting against certification. The two members agreed with those challenging certification that it was unclear what in Michigan’s Constitution would be changed under this proposal.

The board later deadlocked once again in voted on the Reproductive Freedom for All proposal. The challenger to the proposal, Citizens to Support Women and Children, argued the lack of spaces between the words on the petition rendered them non-sensical and that the petition violated statutory requirements. It was also argued that the board has denied certification on previous matters due to this same reason. Democrat members of the board who voted for certification were Mary Ellen Gurewitz (D-Detroit) and Jeannette Bradshaw (D-Ortonville). Gurewitz argued that the 700,000 people who signed the petition “obviously found it easy to read”.

At this point, the proposals will not be on the November ballot unless the Michigan Supreme Court intervenes and orders the board to certify. Proponents for both Promote the Vote and Reproductive Freedom for All have indicated they intend to take legal action to ensure the proposals end up on the November ballot. The Board did vote to approve the 100-word summaries for both petitions that would appear on the ballot in the event the Supreme Court intervenes and the measures move forward.