Inducement of Quasi-Judicial Certification Vote – Audit Promise Made and Immediately Repudiated (MI)

[Established Fact – As to promise, reliance, repudiation, and affidavit rescissions] The specific mechanism by which Palmer and Hartmann’s conditional certification votes were obtained – a promise by fellow canvasser Jonathon Kinloch that a comprehensive audit would be conducted, followed within hours by Secretary of State Benson’s public statement that the promise was not binding – constitutes a potential case of fraudulent inducement of a quasi-judicial act. Palmer and Hartmann’s affidavits make explicit that their conditional votes were cast solely in reliance on the audit promise; without that promise, they would not have changed their votes. The repudiation of the promise immediately after the conditional votes were recorded establishes that the promise either was known to be false when made or was made by someone without authority to bind the Secretary of State. Either characterization supports a finding of fraud in the procurement of a governmental certification. The subsequent refusal of both canvassers to sign the official certification paperwork establishes that, under their own assessment of their legal obligations, they never provided valid consent to certification.