DETROIT (AP) — A judge rejected a request Tuesday to order an immediate audit of Detroit-area election results, saying the task was already planned by the state.
Joe Biden defeated President Donald Trump in Michigan by 154,000 votes, a result that was certified by the Board of State Canvassers on Nov. 23. But some judges still are dealing with litigation.
Wayne County Judge Timothy Kenny acknowledged that an audit request is available under state law. But he said it should be aimed at the secretary of state, not local election officials.
“Since the secretary of state has made a public commitment to do an audit of the Wayne County vote, plaintiff’s motion for the audit is premature,” Kenny said.
If the state fails to act, voters who brought the lawsuit can pursue a case again in the Court of Claims, the judge said.
Attorney David Kallman represents a group of voters who claim Detroit’s vote was rife with fraud, although Trump got more votes in the city than in 2016.
There is no evidence of widespread fraud anywhere in the Nov. 3 election.
David Fink, an attorney for Detroit, said an audit would focus on election performance issues, not a change in the results.
“I think what we have is a lawsuit in search of a purpose,” Fink told the judge last week.