LANSING, Mich. (Oct. 19, 2022) — Sen. Jeremy Moss (D-Southfield) today released the following statement after the Michigan Attorney General’s Office responded to his question on whether members of the Michigan Board of State Canvassers are immune from liability resulting from failure or refusal to perform ministerial duties:
“The duties of the Board of State Canvassers are clearly defined and prescribed in statute, but in just the last few years, individual members have failed to perform their ministerial responsibilities, including refusing to certify the 2020 election results or denying eligible 2022 proposals placement on the ballot. This concerning pattern of behavior begs the question: what are the consequences for obstructing the will of Michigan voters?
“I appreciate the Michigan Attorney General’s office taking the time to review and provide its expert legal recommendation on this matter, stating clearly that a board member ‘who receives advice from the Department (of Attorney General) regarding his or her clear legal duty and does not act in conformity with that advice may be refused representation by the Department in civil litigation related to that duty and could potentially lose their statutory immunity from tort liability.’ Additionally, a member ‘may face suspension or removal from office by the governor.’
“Michigan voters deserve to know that when they sign a petition or cast a vote, their participation in our democracy is valued and properly recorded. Our electoral system cannot allow for rogue individuals to use their positions of authority to unlawfully disenfranchise any voters in our state.”
Moss’ letter and the response from the Attorney General’s office can be viewed on the senator’s website.