Traverse City News and Events

Michigan Supreme Court Rejects Antrim County Election Case

By Beth Milligan | Dec. 9, 2022

The Michigan Supreme Court entered an order Friday denying an effort to revive a twice-dismissed election fraud lawsuit in Antrim County.

Republican attorney Matthew DePerno, representing local resident Bill Bailey, sought to appeal the case to the Michigan Supreme Court after it was dismissed by both the Michigan Court of Appeals and Thirteenth Circuit Court. The lawsuit sought an audit of Michigan's 2020 election results. Lower courts dismissed DePerno's arguments, noting there had already been a statewide audit of the 2020 results and that Bailey had already been granted forensic imaging of the election equipment. 

The Michigan Supreme Court denied Bailey's leave to appeal, saying it was not convinced that the questions presented should be reviewed by the body. In his concurring opinion, Justice David Viviano wrote that he believes the scope of the audit clause to be unclear, but he agreed that whatever the clause might mean, “it surely cannot be that each qualified elector can undertake his or her own separate audit of an election.” The Michigan Supreme Court's order means Bailey's lawsuit will remain dismissed. 

“This order is the final word in this case on the legitimacy and accuracy of our elections,” said Michigan Attorney General Dana Nessel in a statement. “These fraudulent claims were utilized to undermine the electorate’s faith in our system of elections not just in Michigan, but nationwide. Not a single member of the Court believed the claims made by the Plaintiff or his counsel were worthy of consideration. Let this be the nail in the coffin for the specious claims made during the course of this case.”

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