Michigan Attorney General to appeal decision that stopped state certification of Detroit primary

DETROIT (WXYZ) - A day after a Lansing judge stopped the certification process for Detroit's mayoral primary, the state attorney general is working on an emergency appeal.

They are working on a case for the Court of Appeals asking them to lift the temporary restraining order issued late yesterday by a Lansing Circuit Court judge.

They want the Court of Appeals to take over the case and allow the state board of canvassers to certify an election result.

Here's the issue at stake: When state officials came in, they had workers opening canisters ballots that were sealed. They examined tens of thousands of write-in ballots.

Remember Mike Duggan ran as a write-in candidate and he won with the count that was done by the city. But then 18 to 20,000 ballots of his were rejected by the Wayne County Board of Canvassers because of problems with the tabulation process.

The state got involved and as of yesterday examined ballots in almost 400 of the city of Detroit's 600 precincts. They had set Tuesday afternoon to certify a vote count.

Then the Lansing judge stepped in, stopped everything and set a hearing for Tuesday afternoon.

"The state has until 2:00 on Tuesday to get its ducks in a row and prove to this court that it has the authority that it says it has," says D. Etta Wilcoxon the candidate for Detroit City Clerk who is suing to stop the certification. "We say that is does not have the authority to proceed in this case, especially not in the manner in which it's proceeding."

What is at stake is the actual final vote count from the primary.

It is not likely to change the two who will face each other in November, Mike Duggan and Sheriff Benny Napoleon. The only questions are: What are the final vote counts? When will this be certified? What court will have jurisdiction?

We may have the answers later today. We don't have it right now.

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