Savage v. Benson

Michigan
Nov 2, 2020
Nov 3, 2020
Oakland Co. cannot limit to 1 election observer for COVID reasons
[data missing]
injunction against Okland Co's policy
injunction denied; no impact

Summary

Oakland County, Michigan, announced a COVID policy where only allow one election challenger present at each combined absent voter counting board. Plaintiffs sued Michigan Secretary of State Jocelyn Benson (SOS Benson) and Oakland County, Michigan in Michigan's Court of Claims, alleging that Oakland Co.'s instructions were improper and asking the court to issue an injunction that more election challengers be required.

Oakland County argued that this court was the wrong court to sue them, since this court had no jurisdiction over their election policies. Judge Michael Kelly agreed with this argument, and dismissed Oakland County from the case.

SOS Benson argued that the allegations made by plaintiffs didn't justify an injunction. Judge Kelly agreed, and also pointed out that plaintiffs' complaint made hadn't made any specific accusations against SOS Benson or asked for anything from her. Maybe they intended to ask her to order Oakland County to do what they wanted, but Judge Kelly pointed out that they hadn't actually asked for that and even if they had it wasn't clear that she was legally authorized to issue such an order.

The request for an injunction was denied.

Courts

Michigan Court of Claims`

# 20-000217-MM
Judge Michael Kelly
Nov 2, 2020
Nov 3, 2020

Court Documents (1)

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