Bailey v. Antrim County, No. 2020-9238-CZ (Antrim Co. Cir. Ct.) – Only Case with Forensic Discovery; Dismissed When Remedies Satisfied, Not for Lack of Merit (MI)

Bailey v. Antrim County is the most analytically significant Michigan case for this investigation. Judge Kevin Elsenheimer granted a preliminary injunction authorizing forensic examination of Antrim County’s tabulating machines, thumb drives, and memory cards – the only such order in Michigan. The case was ultimately dismissed when the court found all requested remedies had been satisfied. Critically, Judge Elsenheimer expressly stated on the record that dismissal was not based on a finding that there were no issues with the elections. The characterization of this case in public discourse as a dismissal “for lack of evidence” is, therefore, directly contradicted by the judge’s own words.