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Judge dismisses Dar Leaf's lawsuit against state alleging voter fraud

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Posted at 9:26 AM, Dec 08, 2020
and last updated 2020-12-08 09:29:24-05

LANSING, Mich. — A judge has denied Barry County Sheriff Dar Leaf’s request to temporarily prevent Michigan Secretary of State Jocelyn Benson from ordering the deletion of election data by county clerks.

Leaf filed an “application for restraining order” to prevent Secretary of State Jocelyn Benson from ordering the deletion of election data by county clerks, according to documents obtained by Fox 17.

The lawsuit says that once the data is destroyed, it will not be available for forensic examination.

SEE MORE: Barry Co. Sheriff Dar Leaf files federal lawsuit against state alleging election fraud

Chief U.S. District Judge Robert Jonker wrote in an order that the court may issue a temporary restraining order only if it finds that “specific facts in an affidavit or verified complaint clearly show that immediate or irreparable injury, loss or damage will result to the movant before the adverse party can be heard in opposition.”

Leaf’s lawyer also would have had to certify in writing “any efforts made to give notice and reasons why it should not be required.”

The judge says Leaf’s lawsuit falls “far short” or meeting these standards.

Read the judge’s full order here.