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State Senator from West Michigan rejects Giuliani’s plea to have legislature overturn election results

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Posted at 12:40 PM, Dec 08, 2020
and last updated 2020-12-08 12:40:20-05

LANSING, Mich. — State Sen. Jon Bumstead, who represents the 35th district, issued a statement Tuesday on the integrity and legitimacy of the Nov. 3 election results.

Rudy Giuliani had asked the state legislature last week to overturn the election results.

He says the Michigan Legislature does not have the authority to overturn the election results, reject certification or appoint different presidential electors because those powers are not granted to lawmakers through the state or federal constitutions.

“As the House and Senate Oversight committees continue to provide legislative oversight, I will continue to monitor these committee hearings, so we can identify policies to improve and strengthen our system to restore confidence in its integrity,” Bumstead said.

Read the full statement:

“As a state senator, I swore an oath to uphold the U.S. and Michigan constitutions. I take my oath of office seriously because I have great respect for both.

“I’ve been receiving numerous phone calls and emails from concerned residents across this state regarding the 2020 election. There is a lot of inaccurate information being spread regarding the authority of the state Legislature to overturn the election. My colleagues and I continue to work with legal counsel to ensure that we are doing all that we can with the real authority that is granted to us through the U.S. and Michigan constitutions.

“Article II, Section 1, Clause 2 of the U.S. Constitution gives each state the discretion to choose how the state will appoint presidential electors. The U.S. Supreme Court has ruled in multiple cases that state legislatures have the authority to choose whatever method they want of appointing electors, prior to an election. This is done through the legislative process and ultimately signed by the governor. A July 2020 Supreme Court decision upheld the power of states to pass laws requiring presidential electors to vote for their party’s candidate for president. The Supreme Court opinion states: ‘Article II includes only the instruction to each state to appoint, in whatever way it likes.’

“In 1954, the Michigan Legislature passed the Michigan Election Law, which says presidential electors in our state are awarded to the winner of the popular vote. Any presidential elector that refuses or fails to vote for the winning candidates for president and vice-president is required to resign and be replaced with an elector that will vote for the winner of the popular vote.

“On Nov. 23, the bipartisan State Board of Canvassers voted to certify Michigan’s election results. Our elections process gives candidates several opportunities to challenge results, and any claims of fraud in our election must go through the courts. The Michigan Legislature has no authority to overturn an election, reject certification or appoint different presidential electors because those powers are not granted to the Legislature through the federal or state constitutions.

“Voting is the foundation of our system of government, and people need to have confidence in the results and that their elections are being conducted honestly. Election security is not a partisan issue, and the integrity of our elections should be a priority for every Michigander.

On Nov. 7, the House and Senate Oversight committees launched hearings to investigate claims of fraud and voted to issue a subpoena to the Michigan Bureau of Elections for records regarding the elections process. On Dec. 1, the Senate Oversight Committee held a meeting to hear testimony regarding absentee voter counting at the TCF Center. On Dec. 2, the House Oversight Committee held a meeting to hear testimony from Rudy Giuliani, former mayor of New York City and current member of President Donald Trump’s legal team.

“As the House and Senate Oversight committees continue to provide legislative oversight, I will continue to monitor these committee hearings, so we can identify policies to improve and strengthen our system to restore confidence in its integrity.”