CASE STUDIES IN EMERGENCY ELECTION LITIGATION

Federal Judicial Center 11/3/2023 1

Withdrawn Efforts to Enjoin Certification 

of 2020 Presidential Election Results in Michigan 

Donald J. Trump for President v. Benson (1:20-cv-1083), 

Bally v. Whitmer (1:20-cv-1088), and Johnson v. Benson 

(1:20-cv-1098) (Janet T. Neff, W.D. Mich.) 

Three federal lawsuits filed to enjoin certification of 2020 presidential election results in Michigan were withdrawn soon after they were 

filed. In one, the district judge ruled on intervention motions and a 

motion to strike a false statement in the voluntary-dismissal notice. 

Subject: Voting irregularities. Topics: Enjoining certification; 

intervention; election errors; special master. 

Three federal lawsuits challenging the 2020 presidential-election results in 

Michigan were withdrawn days after they were filed. 

Wayne County 

President Trump’s reelection campaign and seven voters filed a federal complaint in the Western District of Michigan on Wednesday, November 11, 2020, 

against Michigan and Wayne County election officials alleging various improprieties in the casting of ballots in Wayne County in the 2020 general election.1

On the next day, the court assigned the case to Judge Janet T. Neff.2

On Monday, Judge Neff ordered responses filed that afternoon3 to intervention motions by Detroit that day,4

 by the Democratic Party on Saturday,5

and by a collection of other proposed litigants on Friday.6

 The plaintiffs filed 

a notice that they did not oppose any of the intervention motions,7 and Judge 

Neff granted the motions on Tuesday.8 She ordered briefing on the Democratic Party’s motion to dismiss the case completed by November 20.9

1. Complaint, Donald J. Trump for President, Inc. v. Benson, No. 1:20-cv-1083 (W.D. 

Mich. Nov. 11, 2020), D.E. 1; see Emily Bazelon, The Trump Campaign Has Filed 16 Lawsuits 

Contesting the Election, N.Y. Times, Nov. 16, 2020, at A16 (reporting that attached affidavits 

from poll challengers “described isolated grievances and perceived irregularities, not systematic fraud”); Beth LeBlanc, Trump Campaign Has Yet to Serve Benson with Suit, Detroit News, 

Nov. 18, 2020, at A6 (reporting that the “initial filing in federal court last week was filed accidentally in the U.S. Court of Federal Claims instead of Michigan’s Western U.S. District 

Court”). 

2. Notice, Donald J. Trump for President, Inc., No. 1:20-cv-1083 (W.D. Mich. Nov. 12, 

2020), D.E. 4. 

3. Orders, id. (Nov. 16, 2020), D.E. 13, 18. 

4. Intervention Motion, id. (Nov. 16, 2020), D.E. 14. 

5. Intervention Motion, id. (Nov. 13, 2020), D.E. 6. 

6. Intervention Motion, id. (Nov. 14, 2020), D.E. 10; see Paul Egan & Clara Hendrickson, 

Trump Legal Efforts Failing at Election Challenges, Detroit Free Press, Nov. 15, 2020, at A18. 

7. Notice, Donald J. Trump for President, Inc., No. 1:20-cv-1083 (W.D. Mich. Nov. 16, 

2020), D.E. 19. 

8. Opinion, id. (Nov. 17, 2020), D.E. 20, 2020 WL 857863. 

9. Id. at 6; see Motion, id. (Nov. 17, 2020), D.E. 21; see also Concurrences, id. (Nov. 18, 

2020), D.E. 29 to 31. 
Withdrawn Efforts to Enjoin Certification 

of 2020 Presidential Election Results in Michigan 

2 Federal Judicial Center 11/3/2023 

The plaintiffs dismissed their case voluntarily on November 19, stating, 

“The Wayne County board of county canvassers met and declined to certify 

the results of the presidential election.”10 Detroit moved to strike the dismissal 

as containing “immaterial, impertinent and false language” respecting the certification: “The affidavits and the impertinent text in the Notice were submitted for an improper purpose: to make a gratuitous, public statement about 

their purported reason for voluntary dismissal, before the Court could reject 

their baseless claims of election fraud.”11 The plaintiffs responded six days later 

that the motion “is not proper and is [a] nullity that requires no further action 

by this Court.”12 Judge Neff denied the motion: 

This unique case, while dismissed only eight days after it started, arises from 

a national election of great public interest and has been rife with “public statements” since its inception, both gratuitous and otherwise. With the filing of 

its motion, the City of Detroit’s factual position is part of the court record, 

and the Court, in its discretion, declines to impose the requested sanction.13

Three Michigan Counties 

A second federal complaint filed in the Western District on November 11 

sought exclusion of presidential-election results from “key counties”—

Ingham, Washtenaw, and Wayne—because of “sufficient evidence to place in 

doubt [their] November 3 presidential-election results.”14 The plaintiffs were 

four voters, and the defendants were state and county election officials.15 On 

the following day, the plaintiffs filed a motion for “an expedited schedule, expedited discovery, and an expedited hearing on the merits of the Verified 

Complaint.”16 On the case’s third day, the plaintiffs filed a notice that the case 

was related to the other case before Judge Neff,17 to whom the court assigned 

the second case.18

10. Notice, id. (Nov. 19, 2020), D.E. 33; see Dave Boucher, Trump Campaign Withdraws 

Federal Lawsuit in Michigan, Detroit Free Press, Nov. 20, 2020, at A7 (reporting that the 

Trump campaign “incorrectly characteriz[ed] the actions of the Wayne County Board of Canvassers as its rationale for the decision”). 

Regarding the statement about Wayne County as incorrect, the Detroit Free Press reported, 

“The board did certify results, but two commissioners filed affidavits with this lawsuit indicating they wanted to flip their votes.” Dave Boucher, Paul Egan & Clara Hendrickson, Courts 

Reject Claims of Fraud, Misconduct in Legal Challenges, Detroit Free Press, Dec. 13, 2020, at 

A11; see Paul Egan, GOP Members: Rescind Wayne Certification, Detroit Free Press, Nov. 20, 

2020, at A7; see also Beth LeBlanc, Francis X. Donnelly & Craig Mauger, Wayne Co. Votes 

OK’d After Initial Deadlock, Detroit News, Nov. 18, 2020, at A11. 

11. Motion, Donald J. Trump for President, Inc., No. 1:20-cv-1083 (W.D. Mich. Nov. 19, 

2020), D.E. 34. 

12. Response, id. (Nov. 25, 2020), D.E. 38. 

13. Opinion, id. (Dec. 1, 2020), D.E. 40. 

14. Complaint at 9, Bally v. Whitmer, No. 1:20-cv-1088 (W.D. Mich. Nov. 11, 2020), D.E. 

1 [hereinafter Bally Complaint]; see Egan & Hendrickson, supra note 6. 

15. Bally Complaint, supra note 14. 

16. Motion, Bally, No. 1:20-cv-1088 (W.D. Mich. Nov. 12, 2020), D.E. 3. 

17. Notice, id. (Nov. 13, 2020), D.E. 6. 

18. Notice, id. (Nov. 13, 2020), D.E. 7. 
Withdrawn Efforts to Enjoin Certification 

of 2020 Presidential Election Results in Michigan 

Federal Judicial Center 11/3/2023 3

The third set of intervenors in the first case moved to intervene in the second case on Friday, November 14.19 On Monday, Judge Neff ordered plaintiffs 

to respond to the motion that day.20 The plaintiffs voluntarily dismissed their 

case instead.21

Special Master 

Four days after the other cases were filed, a third case was filed in the Western 

District by two voters against Michigan’s secretary of state and the chair of 

Michigan’s board of state canvassers.22 Among the requested relief was an injunction against Michigan’s “certifying the election results and declaring winners of the 2020 general election until a special master can be appointed to 

review and certify the legality of all absentee ballots ordered through the Secretary of State’s absentee ballot scheme.”23 Two days later, the court assigned 

the case to Judge Neff.24

On the day after that, the Democratic Party25 and the set of intervenors 

who had sought intervention in the first two cases26 sought intervention in this 

case. The plaintiffs voluntarily dismissed the complaint that day.27

19. Intervention Motion, id. (Nov. 14, 2020), D.E. 10. 

20. Order, id. (Nov. 16, 2020), D.E. 13. 

21. Voluntary-Dismissal Notice, id. (Nov. 16, 2020), D.E. 14; see Boucher, supra note 10. 

22. Complaint, Johnson v. Benson, No. 1:20-cv-1098 (W.D. Mich. Nov. 15, 2020), D.E. 1. 

23. Id. at 25. 

24. Notice, id. (Nov. 17, 2020), D.E. 4. 

25. Intervention Motion, id. (Nov. 18, 2020), D.E. 6. 

26. Intervention Motion, id. (Nov. 18, 2020), D.E. 9. 

27. Voluntary-Dismissal Notice, id. (Nov. 18, 2020), D.E. 12; see Boucher, supra note 10.