So Politifact fact checked the Gateway Pundit story on ballots being delivered after 8 P.M. I have decided to post my fact check on their fact check. I will keep it brief and with references.
Politifact Fact check
"IF YOUR TIME IS SHORT A newly published video from the Gateway Pundit appears to show a van from the city dropping off ballots.
The 8 p.m. Election Day deadline was for voters to return ballots, not for ballots to be delivered.
Election officials have confirmed that ballots were delivered to the Detroit counting hub early Wednesday morning and were legally processed." https://www.politifact.com/factchecks/2021/feb/05/gateway-pundit/video-does-not-provide-evidence-election-fraud-det/?fbclid=IwAR2xLCpiPLx9gUWjdFnxXkSKisUCzvWhCFtpk40wSUBNHeYp_dfL7DX2RKI#sources
Notice they don't use source documents in their fact check. Here is what is actually supposed to happen. This is from the court case and it is very clear. Ballots must be delivered to the polls prior to 8 P.M. on election day.
"Completed ballots must be received by the clerk “before the close of the polls on election day.”6 MCL 168.764a, Step 6. Furthermore, MCL 168.759b provides in relevant part that “[t]o be valid, ballots must be returned to the clerk in time to be delivered to the polls prior to 8 p.m. on election day.” Ballots not received by 8:00 p.m. on election day are not counted. MCL 168.764a, Step 6 (“An absent voter ballot received by the clerk or assistant of the clerk after the close of the polls on election day will not be counted.”)."
http://publicdocs.courts.mi.gov/OPINIONS/FINAL/COA/20201016_C354993_32_354993.OPN.PDF
The wording there is kinda vague but I think what they mean is "ballots must be returned to the clerk prior to 8 pm so that they can be delivered to the polls." Not that the clerk needs to get the ballots delivered prior to 8 pm.
It would make no sense to have both the time the voter needs to have the ballot delivered to the clerk and the time the clerk needs to deliver the ballot to the polls be 8 pm, that would give them no time to deliver those last second ballots, right?
In fact, the document you link is a lawsuit regarding "challenges to the constitutionality of three laws: (1) a deadline requiring that ballots submitted by absent voters must be received by election officials before polls close at 8:00 p.m. on election day in order to be counted; (2) a ballot-handling provision that restricts who, other than the voter, may possess, solicit, or deliver an absent voter’s ballot; and (3) a requirement that voters who choose to submit their ballot by mail must first affix the necessary postage to their envelope to ensure delivery."
So they aren't even talking about what time the clerk needs to have the ballots in, just what time the ballots need to be in to the election officials.
Some good research work but I don't think this document is giving us what we need in this case.
I appreciate the debate on this. I disagree with your interpretation. It would seem odd that the legislator would put that wording in the legislation if they didn't want ballots to the polling locations before 8 on election day.
Below is an exert from the lawsuit which is quoted from the relevant laws. It was stated as a matter of law. It seems pretty clear to me that they intended that the clerks had to have all ballots to the polling locations by 8 on election day. Not just in the clerks possession. If it just had to be in the clerks possession what would keep them from turning up ballots day, weeks, or months later?
I do think the way you are reading it is the same way the news orgs read it but I think that interpretation is wrong based on the plain language of the text.
Quote from end of page four.
http://publicdocs.courts.mi.gov/OPINIONS/FINAL/COA/20201016_C354993_32_354993.OPN.PDF
"Notably, if an absent voter’s ballot is returned to the clerk’s office in an unauthorized manner, the ballot will not be “invalidated solely because the delivery to the clerk was not in compliance” with the statutes. MCL 168.764b(7). Rather, the ballot will be processed as a challenged ballot. MCL 168.764b(7). Completed ballots must be received by the clerk “before the close of the polls on election day.”6 MCL 168.764a, Step 6. Furthermore, MCL 168.759b provides in relevant part that “[t]o be valid, ballots must be returned to the clerk in time to be delivered to the polls prior to 8 p.m. on election day.” Ballots not received by 8:00 p.m. on election day are not counted. MCL 168.764a, Step 6 (“An absent voter ballot received by the clerk or assistant of the clerk after the close of the polls on election day will not be counted.”). "
Yeah I'm looking at the actual law now and to me all it says is that the clerk needs to receive the ballot early enough so that they can get the ballot in to be counted by 8pm, not that they must get it in before 8pm. I definitely see where you are coming from though and would be worth it to get it in front of a judge to see what they think.
I will readily admit the law itself is less then clear. That was why I was quoting the lawsuit. That seems to be the Judges interpretation of it but I didn't see any caselaw quoted to justify that. It would be interesting to see how this played out in court but still the fact check itself by PolitiFact was careless and should have included more. Thanks for the link to the law. I was looking at one from the state that was all one PDF that made it really hard to find anything.
Here's the full law btw so you can stop finding quoted sections from it in a court case: https://www.lawserver.com/law/state/michigan/mi-laws/michigan_laws_chapter_168_act_116_of_1954_chapter_xxviii_absent_voters