Wayne County judge rules 'no evidence' to support request to delay certifying ballots in Detroit

election ruling
Photo credit Getty images

(WWJ) It's another legal setback for those trying to stop the certification of Michigan votes in Tuesday's presidential election.

Wayne County Circuit Court Judge Tim Kenney said "there is no evidence" to support assertions made by attorneys for the Election Integrity Fund -- which filed a lawsuit claiming ballots were counted without sufficient oversight from election inspectors.

The judge denied a request by the group to delay the certification process.

"In this case, this court does find that the irreparable harm that is alleged is speculative," Kenney said. "It is speculation that hundreds or thousands of ballots have in fact been improperly processed."

Attorney David Fink, who represents the city of Detroit, said re-opening the ballot boxes at this time would be a grievous mistake.

"The risk of unsealing these ballots, and possibly corrupting the system -- and I don't mean that there's anything corrupt going on, but corrupting the evidence -- the danger of interfering with this evidence far outweighs any potential benefit to o the plaintiffs," Fink said. "What they're asking us to do of course is illegal, and we've explained that. We're not allowed to go into those boxes."

Judge Kenney said, moving forward, there can be challenges made to the Wayne County Board of Canvassers, and the plaintiffs could file for a recount if they so wish.

Attorney General Dana Nessel's Office has thus far dismissed allegations of irregulates in ballot counting in Detroit.

“Michigan’s elections have been conducted transparently, with access provided for both political parties and the public, and using a robust system of checks and balances to ensure that all ballots are counted fairly and accurately," the AG said in a statement.

While Joe Biden was declared to have won Michigan -- taking the state's 16 electoral votes -- President Donald Trump has not accepted that outcome, saying without evidence that he was "cheated."

Featured Image Photo Credit: Getty images