Judge Approves State’s Request to be Involved in Antrim County Lawsuit
Secretary of State Jocelyn Benson will now have a seat at the table in the lawsuit alleging voter fraud in Antrim County.
The county is at the center of a lawsuit filed by a Central Lake man alleging there was an error in the counting of ballots that resulted in a marijuana dispensary proposal to pass.
On Thursday, 13th Circuit Court Judge Kevin Elsenheimer heard remarks from both the plaintiff and State of Michigan on whether or not Secretary of State Jocelyn Benson can be a part of the lawsuit alleging voter fraud in Antrim County.
Assistant Attorney General Heather Meingast said Secretary Benson should be a part of this case because the secretary has oversight responsibility over the state and local election officials, that this is a constitutional issue and that the imaging taken from the audit is made secure.
“These are things we need to know or interested in that perspective; we have an interest in this case,” says Meingast.
However, the plaintiff questioned why Secretary Benson chose to intervene now when during the lawsuit regarding the Wayne County poll watches, it didn’t involve her day-to-day operations.
“The Secretary of State comes here and tries to argue the opposite and argue that for some reason they have some type of standing,” says Matthew DePerno, attorney for plaintiff William Bailey.
After hearing both the plaintiff and defendants’ remarks, Judge Elsenheimer decided Secretary Benson does have an interest in the case.
Now, new information has come forward regarding the plaintiff.
Baily, who claims that his ballot was damaged in the recounting and therefore allowed the marijuana proposal in the village to pass by one vote.
However, Bailey is a registered voter in the township of Central Lake and not the village — therefore could not have voted on the village’s marijuana proposal.
A pre-trial conference will be scheduled for early next week for the plaintiff and now Secretary Benson to see where this case will proceed.
