Something I see in the Wayne County lawsuit and repeated in other lawsuits or allegations of election irregularities is accusations that people involved in poll counting processes did not adhere strictly to the required processes.
In other words, unpaid or underpaid workers, working long hours, executing a process for the first time, with minimal training, often did not adhere to the letter of the rules.
Yeah? And?
The hurdle that these lawsuits have is that they are going to have to show more than the fact that somebody did something that either actually affected the election, or was part of a deliberate attempt to influence the election. I don't see how they get to that point.
I have read most of the complaint, specifically as it relates to Exhibit B which is an affidavit by a witness who worked for the city and processed ballots. The affidavit contains 11 specific points related to election fraud or misconduct.
I notice a pattern. The statements all appear to be testimony of serious misconduct. However, each statement is specifically worded such that it just falls short of actually being a statement substantiating a violation of the law. There is always a possible exception not mentioned that would mean everything was actually done properly.
1) For example, the witness says she worked at a satellite location and saw many people there who had been sent an absentee ballot and who were allowed to vote on a new ballot without turning in the ballot they had been sent or signing an affidavit that the ballot had been lost. That sounds bad.
If a person is sent an absentee ballot and they want to vote at the polls on election day, they have to either turn in their absentee ballot or sign an affidavit that the ballot was not received or was lost or destroyed. (MI ST 168.769)
However, this was at the clerk's office, not the polls. The law provides that up to 5 PM on the Friday before the election a voter may submit a written request to the city or township clerk to have the ballot spoiled and get a new ballot. (MI ST 168.765b) That new absentee ballot could then be completed in-person at the clerk's office. (There are other cases where this can be done slightly later, but still before election day, where the voter had already mailed a ballot or who signs an affidavit for a lost ballot.)
That means that there is a perfectly legal means by which a person who has been sent an absentee ballot can show up at the clerk's office and vote on a new ballot without turning in a ballot or signing an affidavit for a last ballot. The witnesses testimony oddly neglects to mention that that did not happen.
The witness testimony can be completely true with no violation of the law.
2) Similarly, the witness says she was processing ballots and was told by her supervisor not compare signatures (the law requires signature verification for absentee ballots). That sounds bad.
However, the witness does not say what step of the processing she was working on. There are processing steps both before and after signature verification. The law specifies that signature verification must be done by the board of inspectors of election. (MI ST 168.766) The witness does not say she was on the board. In fact, she says she was "assigned to work in the Elections Department for the 2020 election" which implies that she was not on the board.
If she was not on the board, it would not have been her responsibility to verify signatures, and she would actually have no legal authority to make decisions on signatures. The supervisor would have been completely in the right to instruct her not to verify signatures because that would have been somebody else's job.
The witness testimony can be completely true with no violation of the law.
This pattern repeats with all the claims. It appears to be a Gish gallop game forcing defense attorneys to play hunt-and-seek through the laws and possible scenarios to solve the riddle of "guess what obscure detail we failed to mention."