Order
Michigan Supreme Court
Lansing, Michigan
Bridget M. McCormack,
Chief Justice
David F. Viviano,
Chief Justice Pro Tem
Stephen J. Markman
Brian K. Zahra
Richard H. Bernstein
Elizabeth T. Clement
Megan K. Cavanagh,
Justices
November 23, 2020
162245 & (27)(38)(39)
Cheryl A. Costantino and Edward P. McCall, Jr.,
Plaintiffs-Appellants,
v
City of Detroit, Detroit Election Commission, Detroit City Clerk, Wayne County Clerk, and Wayne County Board of Canvassers,
Defendants-Appellees,
and
Michigan Democratic Party,
SC: 162245
COA: 355443
Wayne CC: 20-014780-AW
On order of the Court, the motions for immediate consideration and the motion to file supplemental response are granted. The application for leave to appeal the November 16, 2020 order of the Court of Appeals is considered, and it is denied, because we are not persuaded that the question presented should be reviewed by this Court.
Zahra, J. (concurring).
Plaintiffs ask this Court to “enjoin the Wayne County Canvassers certification of the November 2020 election prior to their meeting [on] November 17, 2020 at 3:00 p.m.” on the basis that “the audit [requested by plaintiffs pursuant to Const 1963, art 2, § 4(1)(h)] needs to occur prior to the election results being certified by the Wayne County Board of Canvassers.” Plaintiffs contend that if “the results of the November 2020 election [are] certified … Plaintiffs will lose their right to audit its results, thereby losing the rights guaranteed under the Michigan Constitution.” However, plaintiffs cite no support, and I have found none, for their proposition that an audit under Const 1963, art
