DETROIT — Michigan Elections Director Jonathan Brater in a Friday letter warned against disruptions at recount locations across the state, citing examples of some challengers overstepping their roles in the recount process and resulting in at least one individual being escorted from a Marquette recount operation.
Challengers who disagree with bureau staff decisions are free to appeal to the Board of State Canvassers, but the Bureau of Elections "will not permit disruptive behavior" at the recount locations, Brater wrote to Daniel Hartman, a lawyer for recount petitioner Jerome Jay Allen and the Election Integrity Force.
"To the extent challengers are engaging in this behavior, they run the risk of hindering or delaying the conduct of the recount," Brater wrote, encouraging challengers to review recount procedure so as to avoid disruptions.
Hartman did not immediately return a Monday email seeking comment.
Brater's letter came two days after Attorney General Dana Nessel warned observers and challengers against causing disruptions, citing "threatening behavior and interference" at some locations.
The Board of State Canvassers last week voted to allow recounts of Proposal 2 votes in 47 precincts and recounts of Proposal 3 votes in about 500 precincts. Proposal 2 allows nine days of early voting, among other items, while Proposal 3 enshrines abortion rights in the state Constitution.
The recounts requested by Allen of Bloomfield Township do not contain enough votes to overturn the 60% support for Proposal 2, a margin of about 861,000 yes votes, and the 57% support for Proposal 3, which passed by a margin of about 583,000 votes.
Allen paid a $428,000 deposit to start the recount that, according to the Election Integrity Fund's Facebook page, was being financed with support from the America Project, which is led in part by former Overstock.com CEO Patrick Byrne.
Brater told Hartman in a Friday letter that Election Integrity Force challengers were reported to have touched ballots and ballot containers, attempted to access restricted areas, accused recount workers of criminal behavior and "made repeated demands after challenges have been submitted and considered."
On Friday, Brater said, a challenger in Marquette was removed after demanding to see the opposite side of ballots on which Proposals 2 and 3 were being recounted. The individual continued to demand to see the fronts of the ballots, "disrupting the recount," after he made an official challenge that was rejected, the election director said.
"After he refused the direction of Bureau of Elections staff to leave the recount, it was necessary for law enforcement to be called to the recount site and escort him out," Brater wrote.
Nessel's warning on Wednesday stemmed from reports of disruptions in Jackson County and concerns about the possibility of similar issues cropping up in Ingham County.
In Jackson County, election officials conducting a joint recount process for townships in Jackson, Lenawee and Calhoun counties were at times interrupted by challenges to rules outside the purview of local election officials, usually involving processes set by the Board of State Canvassers, said Jennifer Crews, election director for Jackson County.
The Jackson County Sheriff's Department said it took a report related to the recount from an individual who had been denied access by the state to see part of a ballot.
Ingham County Clerk Barb Byrum said she had contacted Nessel for assistance after hearing reports of disturbances in other counties.
"I had made requests of several different law enforcement agencies and, thankfully, Attorney General Nessel's office responded," Byrum said.
Ingham County completed its recount of more than 86,000 ballots in a day on Thursday. The recount resulted in 22 more yes votes on Proposal 3 and 15 fewer no votes, Byrum said on Twitter.
Election Integrity Force on Saturday responded to Nessel's statement by applauding her commitment toward their volunteers who "have been treated in an unfair manner."
"Our volunteers have filed reports with AG Nessel's office," the group said in a statement. "Election integrity is not a partisan issue, and we strive to bring transparent and fair elections to the state of Michigan for all."
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