STATE OF MICHIGAN
COURT OF CLAIMS
Donald J. Trump for President, Inc. and Eric Ostegren,
Plaintiffs,
v
Jocelyn Benson, in her official capacity as Secretary of State,
Defendants.
Opinion and Order
Case No. 20-000225-MZ
Hon. Cynthia Diane Stephens
Pending before the Court are two motions. The first is plaintiffs’ November 4, 2020 emergency motion for declaratory relief under MCR 2.605(D). For the reasons stated on the record and incorporated herein, the motion is denied. Also pending before the Court is the motion to intervene as a plaintiff filed by the Democratic National Committee. Because the relief requested by plaintiffs in this case will not issue, the Court denies as moot the motion to intervene.
According to the allegations in plaintiffs’ complaint, plaintiff Eric Ostegren is a credentialed election challenger under MCL 168.730. Paragraph 2 of the complaint alleges that plaintiff Ostegren was “excluded from the counting board during the absent voter ballot review process.” The complaint does not specify when, where, or by whom plaintiff was excluded. Nor does the complaint provide any details about why the alleged exclusion occurred.
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