Schuette's Lawsuit Raises More Questions

Posted at 11:11 AM, Dec 04, 2016
and last updated 2016-12-04 11:13:31-05

The Attorney General's lawsuit argues Jill Stein's request doesn't meet the legal requirement because based on her fourth-place finish she's not aggrieved by fraud or mistake.

But the statute says *any* party that received *any* amount of votes and *alleges* fraud or mistake has the right to request a recount. And Cooley Law School Professor Gerald Fisher told FOX 47 News it's not even clear if Schuette has the right to challenge the recount on that front.

"I'd say it could be potentially gray as to the attorney's right to raise this rather than a party that has something to lose," Professor Fisher said.

There's two trains of thought on the matter:

"The argument for it would be if the Attorney General can't challenge it- who could?" Professor Fisher said.

But on the other hand:

"If there's nothing in the statute that gives the attorney the right then maybe it should be left for the other parties," Professor Fisher said.

Schuette says in his lawsuit that the recount process is going to cost taxpayer money. He also points out that Stein's recount is going to be hand counted. That could mean that the Michigan recount may not be completed in time for the Electoral College vote. The lawsuit suggests if a recount must happen it should be done by machine.