house resolution no.333
Rep. Tate offered the following resolution:
Whereas, The United States of America conducts its presidential election every four years. This tradition of United States presidential elections began with the election of George Washington in 1789 and has continued to enable the peaceful transition of power for more than 200 years. Even in some of our nation's most contested elections, such as when George W. Bush defeated Al Gore in the 2000 presidential election, elections have been certified on time and power has passed between political parties, in respect for our republican form of government; and
Whereas, Under Article II, Section 1, Clause 2 of the United States Constitution, the President and Vice President of the United States are formally elected by the Electoral College, and states may choose how electors are appointed to the Electoral College. The Michigan Election Law states that, when Michigan voters cast their ballots for President of the United States, they are technically electing presidential electors nominated by the political party of that presidential candidate. The electors chosen by the popular vote then convene in the Michigan Capitol and must cast their votes for the candidates for President and Vice President of the United States of their political party. If they refuse to vote for these candidates or vote for another individual, their vote is not recorded, and the remaining electors fill the vacancy; and
Whereas, In November of 2020, Joseph R. Biden was elected as President of the United States and Kamala D. Harris was elected as Vice President of the United States, both in Michigan and by the Electoral College. The Michigan Secretary of State reports that Biden received 2,804,040 votes, while Trump received 2,649,852 votes, a margin of 154,188 votes. According to the National Archives, Biden received 306 votes in the Electoral College, more than the 270 votes needed to reach a majority; and
Whereas, Instead of aiding in the peaceful transition of power, as has occurred in the vast majority of elections in this country's history of over two centuries, former President Donald J. Trump and other Republicans delayed the certification of state elections for the office of President of the United States and the certification of the votes of the Electoral College by the United States Congress on January 6, 2021. Donald Trump coordinated with state lawmakers throughout the country, including in Michigan, in an attempt to fraudulently award electoral votes to Trump in states where he did not win the popular vote. Bridge Michigan reports that the Select Committee to Investigate the January 6th Attack on the United States Capitol heard testimony that the conspiracy to cast votes using fake electors included 7 states that Donald Trump lost: Arizona, Georgia, Michigan, New Mexico, Nevada, Pennsylvania, and Wisconsin; and
Whereas, On December 14th, 2020, Michigan's 16 presidential electors nominated by the Democratic Party convened in the Michigan State Capitol to cast their official votes for Joe Biden and Kamala Harris, in accordance with the results of the popular vote in this state. According to Bridge Michigan, the 16 electors nominated by the Republican Party had considered camping out in the Capitol the night of December 13th, in order to be present for the vote. The Detroit News reports that these 16 electors attempted to enter the Capitol on December 14th, along with 5 sitting State Representatives: Rep. Matt Maddock of the Forty-Fourth District, Rep. Daire Rendon of the One Hundred Third District, Rep. John Reilly of the Forty-Sixth District, Rep. Beth Griffin of the Sixty-Sixth District, and Rep. Julie Alexander of the Sixty-Fourth District. They were denied entry by the Michigan State Police; and
Whereas, These 5 Michigan House of Representatives members conspired with the 16 Republican candidates for electors, on behalf of Donald Trump, to falsely certify that Michigan's 16 votes in the Electoral College were to be cast for Donald Trump and Michael Pence. The 16 Republican elector candidates signed a false certificate of Michigan's electoral votes, which was sent to the four institutions required to receive Electoral College documents: the President of the United States Senate, the Archivist of the United States, the United States Secretary of State, and the Chief Judge of the United States District Court for the Western District of Michigan. Their purpose and intent in attempting to be present in the Capitol on December 14th, 2020 and in sending this false certificate were to deliver fraudulent votes and certify Donald Trump for the office of President of the United States and Michael Pence for the office of Vice President of the United States; and
Whereas, In a lawsuit attempting to overturn the result of Michigan's 2020 elections for President and Vice President of the United States, the following members of the Michigan House of Representatives filed a motion for leave to file a complaint-in-intervention: Rep. Gary Eisen of the Eighty-First District, Rep. John Reilly of the Forty-Sixth District, Rep. Julie Alexander of the Sixty-Fourth District, Rep. Matt Maddock of the Forty-Fourth District, Rep. Daire Rendon of the One Hundred Third District, Rep. Beth Griffin of the Sixty-Sixth District, Rep. Michele Hoitenga of the One Hundred Second District, Rep. Brad Paquette of the Seventy-Eighth District, Rep. Rodney Wakeman of the Ninety-Fourth District, Rep. Greg Markkanen of the One Hundred Tenth District, and Rep. Jack O'Malley of the One Hundred First District. They were also joined by Michigan State Senator Douglas Wozniak of the Eighth District, who was a member of the Michigan House of Representatives at the time the motion was filed. The plaintiffs in this lawsuit sought to "establish a constitutional process for the selection of Presidential electors from Pennsylvania, Michigan, Wisconsin, and Georgia ... relating to the November 3, 2020 election of President and Vice President and future elections." They claimed that the legislatures of these states had unconstitutionally delegated the post-election certification of presidential electors to officials in the state executive or judicial branches, making the appointment of presidential electors from these states constitutionally invalid; and
Whereas, A pattern of misleading statements about the November 2020 election and actions taken to delay and deny the peaceful transition of power culminated in an insurrection against the United States government on January 6, 2021; and
Whereas, Title 18 of the United States Code, Section 2384, defines the crime of seditious conspiracy as follows:
If two or more persons in any State or Territory, or in any place subject to the jurisdiction of the United States, conspire to overthrow, put down, or to destroy by force the Government of the United States, or to levy war against them, or to oppose by force the authority thereof, or by force to prevent, hinder, or delay the execution of any law of the United States, or by force to seize, take, or possess any property of the United States contrary to the authority thereof, they shall each be fined under this title or imprisoned not more than twenty years, or both.
; and
Whereas, Article XI, Section 1 of the Constitution of the State of Michigan of 1963 provides, in relevant part:
All officers, legislative, executive and judicial, before entering upon the duties of their respective offices, shall take and subscribe the following oath or affirmation: I do solemnly swear (or affirm) that I will support the Constitution of the United States and the constitution of this state, and that I will faithfully discharge the duties of the office of .......... according to the best of my ability. No other oath, affirmation, or any religious test shall be required as a qualification for any office or public trust.
; and
Whereas, The members of the Michigan House of Representatives listed above have acted contrary to federal law and to their oath of office. Through their efforts to overturn the legitimate results of the 2020 presidential election and delay the transition of power, they "conspire[d] to overthrow ... the Government of the United States" and "delay[ed] the execution of" the laws of the United States relating to the certification of the votes of the Electoral College. An essential element of being a legislator is accepting the peaceful transition of power when the people choose different leaders, and these members failed to faithfully discharge the duties of their office by acting to undermine this basic tenet of democracy. Michigan residents deserve better leaders than people who would subvert their own government to remain in power; and
Whereas, In January of 2022, Michigan Attorney General Dana Nessel referred the investigation of the 16 Republican elector candidates and a potential broader, multi-state conspiracy to undermine the results of the 2020 election to the Unites States Attorney for the Western District of Michigan. The Detroit News reports that she chose not to file charges under Michigan law yet, instead referring the case to federal authorities, because of their nationwide jurisdiction; now, therefore, be it
Resolved by the House of Representatives, That we urge the United States Department of Justice, including the United States Attorney for the Western District of Michigan, to investigate the following members of the Michigan House of Representatives for the crime of seditious conspiracy: Rep. Gary Eisen of the Eighty-First District, Rep. John Reilly of the Forty-Sixth District, Rep. Julie Alexander of the Sixty-Fourth District, Rep. Matt Maddock of the Forty-Fourth District, Rep. Daire Rendon of the One Hundred Third District, Rep. Beth Griffin of the Sixty-Sixth District, Rep. Michele Hoitenga of the One Hundred Second District, Rep. Brad Paquette of the Seventy-Eighth District, Rep. Rodney Wakeman of the Ninety-Fourth District, Rep. Greg Markkanen of the One Hundred Tenth District, and Rep. Jack O'Malley of the One Hundred First District; and be it further
Resolved, That copies of this resolution be transmitted to the United States Department of Justice, the United States Attorney for the Western District of Michigan, and Representatives Eisen, Reilly, Alexander, Maddock, Rendon, Griffin, Hoitenga, Paquette, Wakeman, Markkanen, and O'Malley.