Summary

Timothy M. Kenny Stoddard v. City Election Commission of the City of Detroit (2020)

Finally, the Court must consider the harm to the public interest. A delay in counting and finalizing the votes from the City of Detroit without any evidentiary basis for doing so, engenders a lack of confidence in the City of Detroit to conduct full and fair elections. The City of Detroit should not be harmed when there is no evidence to support accusations of voter fraud.
Clearly, every legitimate vote should be counted. Plaintiffs contend this has not been done in the 2020 Presidential election.
Source: Wikisource

Timothy M. Kenny Stoddard v. City Election Commission of the City of Detroit (2020)

Plaintiffs merely assert in their verified complaint “Hundreds or thousands of ballots were duplicated solely by Democratic party inspectors and then counted.” Plaintiffs’ allegation is mere speculation.
Plaintiffs’ pleadings do not set forth a cause of action. They seek discovery in hopes of finding facts to establish a cause of action. Since there is no cause of action, the injunctive relief remedy is unavailable. Terlecki v. Stewart, 278 Mich. App. 644; 754 NW2d 899 (2008) .
The Court must also consider whether plaintiffs will suffer irreparable harm.
Source: Wikisource

Timothy M. Kenny Stoddard v. City Election Commission of the City of Detroit (2020)

Both Republican and Democratic inspectors were present throughout the absent voter counting board location.
An affidavit supplied by Lawrence Garcia, Corporation Counsel for the City of Detroit, indicated he was present throughout the time of the counting of absentee ballots at the TCF Center. Mr. Garcia indicated there were always Republican and Democratic inspectors there at the location. He also indicated he was unaware of any unresolved counting activity problems.
By contract, plaintiffs do not offer any affidavits or specific eyewitness evidence to substantiate their assertions.
Source: Wikisource

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