Delta County incident serves to remind poll workers of their duties | News, Sports, Jobs

Delta County Clerk Nancy Przewrocki picks up a signed voter certification form from poll worker Sema Deeds on May 17. Also pictured, from left, are poll workers John Meyers, Theresa Nelson and Bonnie Hakkola. (Photo by Ilsa Minor/Daily Press)

LANSING – Michigan Attorney General Dana Nessel and Secretary of State Jocelyn Benson are using a situation in Delta County to remind election workers of their duties in certifying elections.

Swearing-in ceremonies for Delta County’s newly elected county commissioners had to be postponed earlier this month when two members of the Delta County Board of Elections refused to certify the May 7 vote. Bonnie Hakkola, who also serves as chair of the local Republican Party, and LeeAnne Oman, an assistant election official who also serves as secretary of the local Republican Party, both voted against the certification – splitting the Board of Elections on a 2-2 vote and blocking the certification.

The vote was confirmed during a second board meeting, but Hakkola remained silent when it was her turn to vote.

With the final certification, the recommendations of the US Department of State and the Department of Justice were complied with, Nessel and Benson explained in a press release.

Before the Delta County Board of Canvassers’ May 14 meeting, two members publicly indicated they might vote against certification after three incumbent county commissioners were voted out in a recall election. The evening meeting resulted in a 2-2 tie on certification.

In response, the State Department sent a letter to election officials warning them of the consequences that would follow if they did not certify the results. These included:

— A criminal charge of willful neglect of duty;

— Handover of the voting materials by the poll workers to the election office in Lansing; and

— Significant costs to the county, which poll workers may have to personally cover.

“Election officials are legally obliged to certify the election results presented to them as soon as the legal requirements are met,” said Nessel in the press release. “Disregarding the will of the people based on presumption, dissatisfaction with the results, or other reasons not enshrined in Michigan law will not be tolerated. While the Delta County Board ultimately fulfilled its obligations and thereby avoided legal consequences, this should serve as a warning to all boards of elections across the state that willful neglect of their duties is a crime.”

Benson said: “Michigan law requires nonpartisan election boards to carefully examine election results and certify our elections based on the election results. Election boards must not exceed their authority, take the law into their own hands, or undermine the will of Michigan voters. Election board members who fail to fulfill their legal duties will be promptly prosecuted to ensure the legal certification of election results. This will impose significant unnecessary costs on their communities and potentially result in civil and criminal charges against those members for their actions.”

The state constitution and Michigan election law do not authorize poll workers to refuse to certify election results if third parties allege that there were election irregularities or if they generally want to conduct election investigations. The laws further define the duty of poll workers as “ministerial, clerical and without discretion” Obligation to certify election results solely on the basis of the election results.

For individuals who have reviewed available election materials and believe that election fraud has occurred, there are appropriate legal remedies available, including contacting local law enforcement and/or filing a lawsuit in court. As explained in the State Department letter, “Accordingly, there are several separate, independent ways to review election records and conduct investigations when necessary. However, as explained above, this is not the purpose of the vote count. The purpose of the vote count, as required by the Michigan Constitution and election law, is to verify the election results and certify the election based solely on the results.”

The Department of State’s communication to Delta County poll workers included a 2022 letter from the Department of Justice to State Senator Jeremy Moss explaining that canvassing is a ministerial, non-discretionary duty that is required by law to be performed, and that failure to comply with the law can subject poll workers to liability.