U.S. District Court Imposes Sanctions on Attorneys Who Claimed Voting Machines Fraudulently “Flipped” Votes from Trump to Biden in Michigan

On August 25, U.S. District Court Judge Linda V. Parker, an Obama appointee, sanctioned some attorneys who filed a challenge to the Michigan election returns of November 2020. The plaintiffs in that lawsuit included some Republican nominees for presidential elector from Michigan. They claimed, among other things, that Michigan vote-counting equipment “flipped” votes from former President Donald Trump to Democratic nominee Joe Biden. King v Whitmer, e.d., 2:20cv-13134.

The judge ordered the attorneys to attend some legal education classes; to pay the attorneys fees for the defendants; and that the bar associations of which the attorneys were members should be asked to examine their credentials. The 110-page opinion, near the beginning, discusses the connection between the free speech provision of the First Amendment, and legal ethics rules, and concludes that “free speech” does not totally protect statements made by attorneys in legal papers presented to courts. Thanks to ElectionLawBlog for the link.

New York Libertarian and Green Parties File Brief in Second Circuit, Seeking Reinstatement as Qualified Parties

On August 18, the New York Libertarian and Green Parties filed this brief in the Second Circuit in Libertarian Party of New York v New York State Board of Elections, 21-1464. This is the case against the 2020 bill that increased the statewide petition from 15,000 to 45,000 signatures, and altered the definition of a party from one that had polled 50,000 votes for Governor, to one that had polled 2% for the office at the top of the ballot in the preceding election.

The parties are seeking injunctive relief to have their qualified party status restored. The U.S. District Court had denied injunctive relief.