DELTA COUNTY CLERK Nancy Przewrocki collects a signed election certification form from Canvasser Sema Deeds on May 17. Also shown, from left, are canvassers John Meyers, Theresa Nelson and Bonnie Hakkola. (Ilsa Minor/Daily Press photo)

LANSING — Michigan Attorney General Dana Nessel and Secretary of State Jocelyn Benson are using a situation in Delta County to remind canvassers about their duties when certifying elections.

Swearing-in ceremonies for newly elected Delta County commissioners had to be postponed earlier this month when two members of the Delta County Board of Canvassers refused to certify the May 7 vote. Bonnie Hakkola, who also serves as the local Republican party chair, and LeeAnne Oman, an alternate canvasser who also serves as the local Republican party secretary, both voted not to certify — splitting the board of canvassers 2-2 and blocking the certification.

The vote was certified during a second meeting of the board, but Hakkola was silent when it was her time to vote

That eventual certification heeded the advice of the Department of State and Department of Attorney General, Nessel and Benson stated in a news release.

Ahead of the May 14 Delta County Board of Canvassers meeting, two members publicly indicated they may vote against certification after a recall election that took out three sitting County Commissioners. In the meeting that evening, the board deadlocked 2-2 on certifying the election.

In response, the Department of State sent a letter to the canvassers warning them of the consequences of failing to certify the results. Those included:

— A misdemeanor willful neglect of duty criminal charge;

— Delivery of election records to the Bureau of Elections in Lansing by the canvassers; and,

— Substantial costs to the county, for which the canvassers may be personally responsible.

“Canvassers are legally required to certify the election results that are brought before them once the legal requirements have been met,” Nessel said in the news release. “Defying the will of the people based on conjecture, dissatisfaction in the results, or any other reason not based on Michigan law, will not be tolerated. While the Delta County Board ultimately met their obligations, and as a result have avoided the legal consequences, let this serve as a warning to all of the boards of canvassers across the state that the willful neglect of your duties is a criminal act.”

Said Benson, “Michigan’s law requires bipartisan boards of canvassers to carefully review election returns and certify our elections based on the election returns. There is no room for canvassers to go beyond their authority, take the law into their own hands, or undermine the will of Michigan’s voters. Any canvassing board members that fail to fulfill their responsibilities under the law will see swift action to ensure the legal certification of election results, which will involve significant unnecessary costs for their local communities, along with possible civil and criminal charges against those members for their actions.”

The state’s constitution and Michigan Election Law do not authorize canvassers to refuse to certify election results based on claims made by third parties of alleged election irregularities, or a general desire to conduct election investigations. The statutes further define the obligation of canvassers as a “ministerial, clerical and nondiscretionary” duty to certify election results based solely on election returns.

Proper venues of recourse exist for individuals who have reviewed available election material and believe fraud occurred, including contacting local law enforcement and/or filing a challenge through the courts. As explained in the letter from the DOS, “Accordingly, there are multiple separate, independent ways for election records to be reviewed and investigations to be conducted, as necessary. However, that is not the purpose of the canvass, as explained above. The purpose of the canvass, as mandated in the Michigan Constitution and Michigan Election Law, is to review the election returns and certify the election solely based on the returns.”

The DOS’s communication to the Delta County canvassers included a 2022 letter from the Department of Attorney General to state Sen. Jeremy Moss explaining that canvassing involves ministerial, nondiscretionary duties required by law to be performed, and that the failure to adhere to the law may expose canvassers to liability.