Apparent state House election winner sues to stop recount in Battle Creek

BATTLE CREEK, Mich. (WOOD) — A legal dispute is brewing over the retabulation of some votes in Calhoun County, with potential that the new count could affect who is sent to the Michigan House of Representatives.

Unofficial results of the Nov. 6 election show that Steve Frisbie, a Republican currently serving on the county commission, defeated incumbent Rep. Jim Haadsma, a Democrat.

In a statement, the Michigan Democratic Party said the initial unofficial results showed Frisbie with nearly 1,400 more votes than Haadsma. But the Calhoun County clerk then realized that about 2,800 absentee ballots had not been counted, The Detroit News reports , and revised the unofficial results. The updated figures had Frisbie up by only 58 votes .

What's causing 2 Michigan election results to change?

On Wednesday, Frisbie filed a lawsuit against the Calhoun County Board of Canvassers, asking a county judge to stop the board's ordered recount of absentee ballots from Battle Creek.

The suit says the canvassers ordered that recount Tuesday morning before they had reviewed the Battle Creek absentee voter returns. It argues that's illegal and that under state law, canvassers may only order corrective action after they review the data.

"(Ordering a recount) is not consistent with (the board's) authority provided by the Michigan Election Law and would functionally preempt the detailed mechanisms that law provides for canvassing the vote prior to the decision to order a recount — which is simply not (the board's) call," Frisbie's suit reads in part. "All ballots have been cast, and the canvass of the election results is ongoing."

Board of Canvassers begins certifying election results

But the Michigan Democrats said the canvassers OK'd the retally after the county clerk checked in with the Michigan Bureau of Elections and "indicat(ing) the canvassers did have the authority to order re-tabulation."

"I want to see every vote accurately counted, regardless of whether it impacts the results of the election," Haadsma, who is from Battle Creek, said in a statement released by the Michigan Democrats . "Confidence in our elections is essential to the health of our democracy, and the people of Battle Creek deserve to know that every effort was made to ensure the accurate tabulation of their votes."

When Frisbie's suit was filed, the recount was paused for a time Wednesday. The Michigan Democrats say it started back up after the canvassers voted again to go forward. Representatives from both campaigns were there as work resumed, the county clerk said.

Whether or not the retabulation could actually tip the election in Haadsma's favor remains to be seen.

The county clerk declined an on-camera interview Wednesday, citing the lawsuit.