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Ingham County Clerk Barb Byrum Requests Attorney General Opinion on Violation of Oaths of Office

Posted at 3:18 PM, Dec 14, 2020

MASON, Mich. — Ingham County Clerk Barb Byrum (D-Onondaga) has requested a formal opinion from Attorney General Dana Nessel regarding potential violations of Oaths of Office by Michigan State Representatives and Representatives-elect as well as Michigan U.S. Congressmen. The potential violations included signing on, through amicus briefs, to the Texas v Pennsylvania et al lawsuit that was dismissed for lack of standing by the Supreme Court of the United States, last week.

“Elected Officials in Michigan swear an Oath to uphold the Constitution of the United States and the Constitution of the State of Michigan,” Byrum stated. “We look to them to uphold the ideals enshrined in our founding documents, which includes free, fair, safe, and secure democratic elections. The partisan actions of these Congressmen and Representatives that sought to overturn the results of the November Election run counter to those ideals and they must be held accountable for them.”

Federal law states that an individual may not accept or hold a position in the Government of the United States if he advocates the overthrow of our constitutional form of government. It is also a violation enumerated in the Michigan Constitution for elected or appointed representatives to “breach the public trust.”

“The actions of these elected officials must not be taken lightly,” Byrum stated in her request to the Attorney General. “I am concurrently urging the incoming Speaker of the Michigan House to refuse to seat those legislators until such time as the requested opinion is rendered.”

The November 3, 2020 General Election results were certified as official by 83 County Boards of Canvassers, the State Board of Canvassers, and there were no recount for the office of President of the United States. Right now, Michigan’s Electors are casting their votes for President-Elect Joseph R. Biden and Vice President-Elect Kamala Harris.

“The November Election was conducted by over 1500 local city and township clerks and they are the unsung heroes of our democratic process,” said Byrum. “Right now, my Office is conducting audits of their work and, by and large, it has been exemplary.”

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