Dueling court rulings have put the Michigan recount at risk of a premature end.
A statewide recount of the Nov. 8 presidential election results could stop following a 10:30 a.m. hearing Wednesday after three days of court battles in two states.
On Tuesday evening, a Michigan Court of Appeals panel ruled that Jill Stein and the Green Party weren’t entitled to call for a recount. That ruling encouraged Republicans to take the case back in front of U.S. District Judge Mark Goldsmith.
After a set of conflicting decisions on Tuesday, this one could drive a stake through the recount for good.
Wednesday’s hearing could cap a two-day flurry of legal battles. On Sunday, Goldsmith ordered the hand recount of 4.8 million ballots start immediately. But Tuesday, with the recount underway in several counties, the 6th Circuit U.S. Court of Appeals in Cincinnati suggested the judge reconsider his order if state courts ruled against Stein, which happened late Tuesday.
There’s an additional case pending in front of the Michigan State Supreme Court, but if Goldsmith upholds the ruling from the Court of Appeals, that decision may be moot.
Meanwhile, many Michigan districts are not recounting because of incorrect ballot totals, a problem that wouldn’t stop other states.
Michigan's recount law is more restrictive than most states, which would typically recount precincts with minor discrepancies if they appeared to be caused by poll worker error, experts said today. …
That provision in the law has become an issue in the statewide recount of the 2016 presidential election in Michigan.
"You wouldn't want someone to be able to, after the fact, stuff the ballot box and have that counted," Norden said. "But it seems like to have such a strict rule is a bad idea because it potentially incentivizes someone who doesn't want a recount."
The issue has already affected over 600 districts, including many in areas around Detroit.
In Pennsylvania the federal court case is delayed until Friday, which may be too late.
U.S. District Judge Paul Diamond in Philadelphia on Tuesday scheduled a hearing Friday on the request for a recount. The Republican Party and Trump warned that the case threatens Pennsylvania's ability to certify its election before the Dec. 13 federal deadline. Stein's team hasn't produced evidence of hacking, but calls Pennsylvania's election system "a national disgrace."
In Wisconsin the recount plods along — with Donald Trump adding 146 votes to his lead.
Wednesday, Dec 7, 2016 · 8:19:11 PM +00:00 · Mark Sumner
Both sides have completed their arguments before Judge Goldsmith.
Because the Michigan state court also determined that Goldsmith's order was improper, the judge was expected to entertain any properly filed motions to dissolve or modify his ruling in the case.
Goldsmith plans to issue a written opinion, possibly later on Wednesday by 5 p.m., according to court spokesman David Ashenfelter.