Chief Judge Timothy M. Kenny of the Third Judicial Circuit Court of Michigan on Monday dismissed a lawsuit filed in October by Kristina Karamo, the Republican nominee for secretary of state, that sought to disqualify more than 60,000 mail-in ballots in the Democratic stronghold of Detroit ahead of Tuesday's midterms.
Karamo – a proponent of former President Donald Trump's baseless conspiracy theory that the 2020 election was stolen – and her co-complainants argued that mail-in voting was a hotbed for voter fraud. But they never submitted any evidence of that, nor did they explain what harm was caused by allowing people to vote by mail.
"During the November 3, 2022 evidentiary hearing, Plaintiffs did not testify nor introduce any substantive exhibits into evidence. In this case, Plaintiffs' hearing witnesses consisted solely of Christopher Thomas, former Michigan State Elections Director for over 30 years and Daniel Baxter, Director of Absentee Voting Operations for the Detroit City Clerk," Kenny wrote in a 24-page order.
Kenny's opinion reflected his remarks during last week's hearing, when he expressed bewilderment over Karamo's failure to provide any proof of voter fraud through absentee ballots or that drop boxes were not secure.
"As a judge for 26 years," Kenny said, "this is the first time I have ever had a circumstance where the party instigating a lawsuit, when asked by the judge what's the relief you're asking for, I don't get an answer."
Kenny also blasted the petitioners for waiting until the last minute to attempt to disenfranchise Michigan residents without just cause.
"Plaintiffs sat on their hands for months before bringing a complaint claiming violations of Michigan statutory election law in the August, 2022 primary and the relief sought would create the potential harm of disenfranchising tens of thousands of Detroiters in the November 8, 2022 general election. This is unacceptable and cannot be permitted," he said.
Kenny's closing statements were no less brutal.
"While it is easy to hurl accusations of violations of law and corruption, it is another matter to come forward and produce the evidence our Constitution and laws require. Plaintiffs failed, in a full day evidentiary hearing, to produce any shred of evidence. No exhibits, no testimony from any of the Plaintiffs, no evidence from Mr. Thomas or Mr. Baxter indicate the procedures for the November 8, 2022 election violate Michigan election laws. Plaintiffs have raised a false flag of election law violations and corruption concerning Detroit's procedures for the November 8th election. This Court's ruling takes down that flag," Kenny declared.
"Plaintiffs' failure to produce any evidence that the procedures for this November 8th election violate state or federal election law demonizes the Detroit City Clerk, her office staff, and the 1,200 volunteers working this election. These claims are unjustified, devoid of any evidentiary basis and cannot be allowed to stand. Plaintiffs' motions for mandamus, preliminary injunction, and declaratory judgment are DENIED. For the reasons stated in this Court's opinion, Plaintiffs' complaint is DISMISSED," he concluded. "This is a final order and closes the case."
