LANSING, Mich. (Michigan News Source) – Democratic Attorney General Dana Nessel’s office declined to weigh in on Secretary of State Jocelyn Benson’s new recount rules.

Nessel has declined to evaluate whether Benson has the legal right to “ram through” new recount rules instead of wait until those rules legally kick in next year.

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Nessel’s chief legal counsel Linus Banghart-Linn said the office had decided against issuing an opinion “after much deliberation and discussion.” The response came after Benson asked Nessel’s office for a legal opinion that would allow the Democrat and her staff to apply new rules to the recount process to accommodate early voting and require an individual seeking a recount to allege an error specific to the counting of ballots.

Benson appeared to deflect questions regarding recounts on Monday.

 

 

Earlier this year, some Michigan lawmakers called Benson’s push for the new rule implementation an “end-run” around that contradicts current election laws. House Republican Leader Matt Hall (R-Richland Township) said at the time, “The people want free and fair elections that follow the law, not government officials with a grudge who make up the rules as they go,” Hall said. “Secretary Benson can’t override state law, but that’s what she’s trying to do. She wants to ram through her own rules ahead of the election. [It’s a] partisan ploy.”

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Polls are open in Michigan until 8:00 p.m. As of late Monday night, state data showed that 44% of Michigan voters had already cast their ballots.