Mustang
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- #81
A good lawyer would have known the plaintiff had no standing, and therefor should have refused to file the lawsuit in the first place, but he probably saw an quick and easy paycheck without the need to truly prepare to litigate the case not to mention some high profile press coverage to get his name out there. The lawyer should probably be investigated by the Michigan State Bar Association for an ethics violation.Thirteenth Circuit Court Judge Kevin Elsenheimer ruled that the lawsuit filed by Michigan resident Bill Bailey lacks the legal grounds to move forward due to a statewide post-election audit that finished up in March, according to Cadillac-based CBS affiliate WWTV.
“There is no right, either in the constitutional section, or in the statute, for the independent audit that Mr. Bailey seeks as a petitioner under article 2 section 4,” the court noted. “The plaintiff does not get to choose his own audit criteria, rather the legislature is given that authority. So while a citizen may seek to audit the results of the statewide election, it must do so according to the law. That law provides for performance of the audit by the Secretary of State. There is no other relief available to the plaintiff on this point.”
As with many other lawsuits regarding fraud in the 2020 election, this case was dismissed due to a lack of standing, as the judge noted. It in no way indicates one way or the other whether or not the case has merit. The legislature can do that, but a private citizen cannot.