UPDATE on MGO et al v. Secretary of State

[PhotoTom]

Secretary Benson said that we will know prior to election day what is and and isn't allowed.

I can totally imagine them holding another press conference to say, "We lost the court case, so we are here to make sure there is no confusion, YOU CAN OPEN CARRY at the polling places unless otherwise prohibited."

[ppruchnicki1]

Let's see if they ask the Health Department to issue orders just like they doing with the virus to get around the court's ruling.

[Tallbear]

FOR IMMEDIATE RELEASE:

Monday, Nov. 2, 2020

Michigan Supreme Court Fails to Respond to Firearm Appeal Prior to Election Day

LANSING – The Michigan Supreme Court did not respond to a request from Secretary of State Jocelyn Benson and Attorney General Dana Nessel to review challenges made to the legality of a directive issued by Secretary Benson on Oct. 16 that prohibited the open carry of firearms in limited locations on Election Day.

Under the Secretary’s directive, the open carry of a firearm was to be prohibited in a polling place, in any hallway used by voters to enter or exit, or within 100 feet of any entrance to a building in which a polling place was located, in clerk’s offices and absent voter counting boards on Tuesday.

Two lawsuits were filed – and later consolidated – that challenged the Secretary’s directive. On Friday, the trial court granted an injunction in the case, finding that the directive likely violated the Administrative Procedures Act. The decision was immediately appealed to the Michigan Court of Appeals, but that court declined to hear the appeal. An application for leave to appeal was then filed with the Michigan Supreme Court. The state requested an answer from the Supreme Court by 10:00 a.m. this morning considering tomorrow’s election. However, the Michigan Supreme Court has not responded which means the Court of Appeals decision will stand.

“Though I am disappointed that the Supreme Court hasn’t provided guidance in advance of Election Day, it does not change the fact that voter intimidation is still illegal in Michigan,” Attorney General Nessel said. “Those who attempt to deter or interfere with someone trying to exercise the fundamental right to vote will be held accountable to the fullest extent of the law.”

“Voters can go to the polls tomorrow confident that safety is our top priority,” Secretary Benson said. “The bottom line is that voter intimidation is illegal under state and federal law. As the Court of Appeals confirmed, anyone who intimidates a voter in Michigan by brandishing a firearm is committing a felony. The Attorney General and I are working with law enforcement to ensure the law is followed statewide.”

[Quads]

Suck it Benson. Make Dana hold the camera.
The Legislature makes laws. You don't.

And once again... very nice work MGO, Shyster, et. all.

[matt11]

I worry there will be several people complaining of brandishing (when they see a holstered gun) because they do not know what it is. I wonder if that will be considered voter harassment.

[wolfy]

I worry there will be several people complaining of brandishing (when they see a holstered gun) because they do not know what it is. I wonder if that will be considered voter harassment.

'So shall it be written, so shall it be done'
I truly hope that if there is an effort to paint peaceful voters who happen to be prepared to defend the innocent from evil as "intimidating voters" that complains will be filed and charges brought of voter harassment against the actual intimidators making false accusations.

[Bikenut]

Those in Whitmere's political machine need to be held accountable for using the authority and power of their offices to promote discrimination and voter intimidation of legal open carriers. Not to mention inciting civil unrest and likely violence against one specific segment of the population.

I wonder if any legal action can be taken?

[Tallbear]

I worry there will be several people complaining of brandishing (when they see a holstered gun) because they do not know what it is. I wonder if that will be considered voter harassment.

Act No. 28
Public Acts of 2015

(c) “Brandish” means to point, wave about, or display in a threatening manner with the intent to induce fear in another person.

[matt11]

Act No. 28
Public Acts of 2015

(c) “Brandish” means to point, wave about, or display in a threatening manner with the intent to induce fear in another person.

I have not seen anyone state this on the news, only that they can call if they feel they are being threatened. Most people that do not know a lot about gunlaws do not know this definition, I would even include some law enforcement.

[PhotoTom]

Most people that do not know a lot about gunlaws do not know this definition, I would even include some law enforcement.

https://www.michigan.gov/documents/m...2_336854_7.pdf