PETITION FOR EXTRAORDINARY WRITS & DECLARATORY RELIEF IMMEDIATE CONSIDERATION REQUESTED FOR DECISION BEFORE DECEMBER 8, 2020 STATE OF MICHIGAN IN THE SUPREME COURTANGELIC JOHNSON, and LINDA LEE TARVER, PETITIONERS, v JOCELYN BENSON, in her official capacity as Michigan Secretary of State; JEANNETTE BRADSHAW, in her official capacity as Chair of the Board of State Canvassers for Michigan; BOARD OF STATE CANVASSERS FOR MICHIGAN; and GRETCHEN WHITMER, in her official capacity as Governor of Michigan, RESPONDENTS.

 

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PETITION FOR EXTRAORDINARY WRITS & DECLARATORY RELIEF 

IMMEDIATE CONSIDERATION REQUESTED FOR DECISION BEFORE DECEMBER 8, 2020 

STATE OF MICHIGAN 

IN THE SUPREME COURT

ANGELIC JOHNSON, and LINDA LEE TARVER, PETITIONERS, 

 v 

JOCELYN BENSON, in her official capacity as Michigan Secretary of State; JEANNETTE BRADSHAW, in her official capacity as Chair of the Board of State Canvassers for Michigan; BOARD OF STATE CANVASSERS FOR MICHIGAN; and GRETCHEN WHITMER, in her official capacity as Governor of Michigan, RESPONDENTS. 

THOMAS MORE SOCIETY— AMISTAD PROJECT 

FIRST CLAIM FOR RELIEF 

(Due Process) 

SECOND CLAIM FOR RELIEF 

(Equal Protection) 

THIRD CLAIM FOR RELIEF 

(Article II, section 1, clause 2) 

FOURTH CLAIM FOR RELIEF 

(Mandamus and Quo Warranto) 

  PRAYER FOR RELIEF 

WHEREFORE, Petitioners ask this Court to narrowly tailor its relief to: 

 A) ensure the Separation of Powers and protect the accuracy and integrity of the November 2020 General Election by giving the Michigan Legislature an opportunity to finish its constitutionally-mandated work to pick Michigan’s electors; 

B) take custody and control of all ballots, ballot boxes, poll books, and other indicia of the Election from Respondents or their designee to prevent further irregularities and to ensure the Michigan Legislature and this Court have a chance to perform a constitutionally sound audit of lawful votes; 

C) segregate any ballots counted or certified inconsistent with Michigan Election Law; 

D) declare that Respondent Benson violated Petitioners’ fundamental constitutional rights as explained in this Petition; 

E) segregate any ballots attributable to the Secretary of State’s absentee ballot scheme and declare the Secretary of State’s absentee ballot scheme unlawful; 

F) appoint a special master or committee from both chambers of the Michigan Legislature to investigate all claims of mistake, irregularity, and fraud at the TCF Center and to verify and certify the legality of all absentee ballots ordered through the Secretary of State’s absentee ballot scheme. The special master may recommend, including a recommendation with findings, that illegal votes can be separated from legal votes to determine a proper tabulation, or that the fraud is of such a character that the correct vote cannot be determined; 

G) alternatively, to enjoin Respondents or Governor Whitmer from finally certifying the election results and declaring winners of the 2020 general election to the United States Department of State or United States Congress until after a special master can be appointed to review and certify the legality of all absentee ballots ordered through the Secretary of State’s absentee ballot scheme; 

H) alternatively, to enjoin Respondents from finally certifying the election results and declaring winners of the 2020 general election until a special master can be appointed to independently review the election procedures employed at the TCF Center and throughout the State; 

I) alternatively, to enjoin Respondents from finally certifying the election results and declaring winners of the 2020 general election until a special master can be appointed to review and certify the legality of all absentee ballots submitted in Wayne County and throughout the State; 

J) to grant such other and further relief as this Court should find just and proper.