In Delta County, canvassers decline to certify election, delay start for new commissioners

The swearing-in of three new county commissioners has been delayed in Delta County after the Upper Peninsula county's board of canvassers declined to certify their victories in a May 7 recall election.

Canvassers on Tuesday deadlocked 2-2 on certification, with the board's two Republican canvassers voting against certification out of concerns over the similarity of the ratio of votes in each of the races, Delta County Clerk Nancy Przewrocki said.

"They just thought that that wasn’t statistically possible; I think it was a coincidence," Przewrocki said. She added that such considerations fall outside the purview of the canvassing process, which usually is limited to a ministerial review of returns based on precinct and absentee voting board documentation, tabulator tapes and voter lists.

Canvassers have agreed to meet again Monday, and Przewrocki is hopeful they'll change their minds. Otherwise, the certification decision under state law must be moved to the Board of State Canvassers in Lansing.

"We’ll have to transfer all the election materials down to Lansing and the state board of canvassers will have to certify the election," said Przewrocki, a Republican who's served as the county clerk for 23 years. "It’s just delaying the inevitable.”

State Elections Director Jonathan Brater sent a letter to the county canvassers, by way of Przewrocki, Thursday evening reminding them of their ministerial duty to certify the election and the consequences if they did not.

"... My understanding is that the election returns have been reviewed, the tabulator tapes match the reported results (or any corrections have been made, as needed) to the satisfaction of the County Board of Canvassers," Brater wrote Thursday. "Under these circumstances, there are no statutory or constitutional grounds to fail to perform the duties of the board."

He noted canvassers' failure to perform their duty under Michigan election law could result in a misdemeanor; would require canvassers to "personally" deliver election records to the Board of State Canvassers in Lansing at a time and location determined by the state; and would require the county to carry any costs incurred by the state in transporting, canvassing and certifying the results. The cost would likely be "substantial," Brater wrote.

"The requirement that these officials spend numerous hours participating in a duplicative canvass — after already spending weeks or months before, during, and after the May election, in addition to preparing for the August election, to ensure the elections are conducted properly — would be regrettable," Brater wrote.

The recall election took place May 7, a little more than a year after three members of the five-member Delta County Board of Commissioners voted to terminate the county's administrator. Recall procedures for the three commissioners who voted yes — David Moyle, Bob Barron, and Robert Peterson — were put in motion shortly afterward.

On May 7, Moyle lost his election to Kelli J. van Ginhoven, 72%-27%; Barron lost his election to Myra Croasdell, 73%-27%; and Peterson lost his election to Matthew Jensen, 72%-27%, according to Delta County election data.

The three commissioners recalled were Republicans. Van Ginhoven ran as a Democrat, and Croasdell and Jensen ran without a party affiliation.

Moyle told The News on Thursday he's accepted the results of the election and wants no part in the rejected certification or calls for a recount.

"I got beat fair and square, and I’m not interested in the recount," said Moyle, who's served on the board for 14 years. "I’m interested in things calming down and life getting back to normal.

"The public spoke. I respect it and it’s time to move on.”

Republican canvassers Bonnie Hakkola and LeeAnne Oman, who was substituting for a canvasser who was absent, voted against certification Tuesday, arguing the splits in each of the races were too similar, Przewrocki said. Hakkola and Oman did not immediately return messages seeking comment.

The clerk said Hakkola and Oman also voiced a desire to perform a hand recount of the roughly 4,500 ballots cast among the three races. But state law only allows for recounts at the behest of the candidates and only after an election is certified.

"I would like to do a recount, personally, just to prove them wrong,” Przewrocki said. "But we have to follow the election laws, and it’s set up that after the election is certified. Then the candidates can request a recount.”

Przewrocki said the recall marked the first time in Delta County's history that county commissioners had been recalled and the first time in the county's history that its canvassing board had failed to certify an election.

Barron said Thursday he planned to meet with the Republican canvassers later that day to hear their concerns.

"My initial reaction is get it certified; let’s get past this," he said. "Stop getting hung up on what took place in 2020. We’ve got to focus on getting the job done in 2024.”

The May 7 recall elections saw a "horribly small turnout" where the individuals who collected signatures for the recalls used their signature list to ensure a favorable voting bloc showed up and won in the Republican-leaning county, Barron said.

"If you look at their vote totals, they’re not a whole lot different than the number that signed the recall petitions," Barron said.

Peterson did not immediately return phone calls seeking comment.

In his letter, Brater noted that any concerns about the election could be resolved after certification, by a candidate requesting a recount or through the filing of public records requests for paper ballots, a paper printout of the electronic pollbook or copies of the paper application to vote. Any suspicions of fraud could be reported to law enforcement or addressed through a lawsuit.

But the duty of canvassers is solely a ministerial one of certifying election results based on returns from precincts, early voting sites and absentee counting boards, Brater wrote.

"Accordingly, there are multiple separate, independent ways for election records to be reviewed and investigations to be conducted, as necessary," Brater wrote. "However, that is not the purpose of the canvass."

eleblanc@detroitnews.com