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Re: Update: Cornell West back on the ballot
Posted by VT_Syrup of VT on 9/2/24 2:39pm Msg #649167
I found the Court of Claims opinion here:

https://www.courts.michigan.gov/4a462b/siteassets/case-documents/opinions-orders/coc-opinions-(manually-curated)/2024/24-000115-mb.pdf

The court ruled on whether the Affidavits of Identity (AOI) were valid, just in case an appeals court decided that AOIs were required, even though Judge Redford had decided they were not required for president or vice president. The analysis is on pages 14 through 17. The short version is that the notarization provides all the information required under MI law. The parties trying to keep West of the ballot argued that the notarization must strictly comply with CO law, but the judge decided this isn't so, the notarial act is voidable only if the notary had a disqualifying interest in the case, and she didn't.

The judge also looked at CO decisions about notarizations, and found a Colorado Supreme Court case about constitutional initiative petitions. In that case, the CO Supreme Court found that substantial compliance was enough.

In late August this was appealed to the CO Court of Appeals, and they affirmed that the AOIs were not required, so they did not examine whether the notarization was valid or not.
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Messages in this Thread
 Cornell West disqualified on Mi ballot due to notary error -  Expeditor on 8/17/24 8:45am
 Re: Cornell West disqualified on Mi ballot due to notary error -  Yoli/CA on 8/17/24 10:10am
 Re: Cornell West disqualified on Mi ballot due to notary error -  Expeditor on 8/17/24 11:35am
 Re: Cornell West disqualified on Mi ballot due to notary error - Jose Manuel Lugo on 8/17/24 12:21pm
 Re: Cornell West disqualified on Mi ballot due to notary error - Lee/AR on 8/17/24 1:20pm
 Re: Cornell West disqualified on Mi ballot due to notary error - VT_Syrup on 8/18/24 5:23pm
 Re: Cornell West disqualified on Mi ballot due to notary error - PMB_WashSt on 9/1/24 3:16pm
 Update: Cornell West back on the ballot - VT_Syrup on 9/2/24 1:48pm
 Re: Update: Cornell West back on the ballot - VT_Syrup on 9/2/24 2:39pm



 
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