Case: Bormuth v. Johnson

2:16-cv-13166 | U.S. District Court for the Eastern District of Michigan

Filed Date: Sept. 1, 2016

Closed Date: Aug. 1, 2017

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Case Summary

This is a case alleging election interference and election mismanagement in Michigan.  On September 1, 2017, plaintiff, a former Democratic primary candidate for the Michigan House of Representatives who lost the 2016 election by a wide margin to a candidate backed by the local Democratic party, filed this suit in the Eastern District of Michigan. He alleged that the Michigan Secretary of State wrongfully denied his recount petition and implemented a series of unconstitutional measures related …

This is a case alleging election interference and election mismanagement in Michigan. 

On September 1, 2017, plaintiff, a former Democratic primary candidate for the Michigan House of Representatives who lost the 2016 election by a wide margin to a candidate backed by the local Democratic party, filed this suit in the Eastern District of Michigan. He alleged that the Michigan Secretary of State wrongfully denied his recount petition and implemented a series of unconstitutional measures related to the filing of campaign finance disclosure documents.

Plaintiff alleged there was manipulation of voting machine tallies that had occurred, since his final vote count was 420 votes, a number associated with marijuana. He also took issue with comments made to him by poll workers on the day of the election, which made him suspect that he was being discriminated against. However, when he sought a re-count, the state denied this, on the basis that the number of votes of difference between him and the next candidate was too large for there to be an effect on the outcome.

Plaintiff also alleged that he had been told on June 1, 2016 that he had to file a campaign finance disclosure form by July 22, 2016. On July 22, when he attempted to fill out the form on the computer, he ran into difficulty. On July 25, he e-mailed a state employee, who told him he could fax the form and he did so. However, the next day, he was informed that his faxed form was not acceptable and he would have to file the form electronically. Mr. Bormuth indicated that he believed he had properly filed the form by fax and would not be refiling. He alleged that the refusals to accept his faxed campaign finance disclosure form and refusal to perform the vote recount were based on Christian bias against him as a pagan. 

Plaintiff also made equal protection claims. He alleged that he was protected as being elderly and lacking technological skills. These are not protected classes, which the Plaintiff later conceded. He later contended that he is a member of a suspect class because he is Pagan and has only modest financial resources.

On September 30, 2016, the defendant filed a motion to dismiss. 

On January 10, 2017, the court granted the motion to dismiss. The plaintiff appealed, and the Sixth Circuit affirmed the District Court's decision on March 2, 2018. 

The case is now closed. 

Summary Authors

Matthew Gerber (4/8/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5479969/parties/bormuth-v-johnson/


Judge(s)

Edmunds, Nancy Garlock (Michigan)

Attorney for Plaintiff

Bormuth, Peter (Michigan)

Attorney for Defendant

Barton, Denise C. (Michigan)

Fedynsky, John G. (Michigan)

Fracassi, Adam L.S. (Michigan)

Documents in the Clearinghouse

Documents in this case
001

2:16-cv-13166

Complaint for Declaratory and Injunctive Relief

Sept. 1, 2016

Sept. 1, 2016

Complaint
013

2:16-cv-13166

Report and Recommendation to Grant In Part and Take Under Advisement in Part Defendants' Motion to Dismiss [10)

Oct. 24, 2016

Oct. 24, 2016

Magistrate Report/Recommendation

2016 WL 7025173

020

2:16-cv-13166

Opinion and Order Adopting the Magistrate Judge's Report and Recommendation as Modified

Jan. 10, 2017

Jan. 10, 2017

Order/Opinion

2017 WL 82977

034

2:16-cv-13166

Opinion and Order Adopting the Magistrate Judge's June 16, 2017 Report and Recommendation [30]

Aug. 1, 2017

Aug. 1, 2017

Order/Opinion

2017 WL 3262445

035

2:16-cv-13166

Judgment

Aug. 1, 2017

Aug. 1, 2017

Order/Opinion
039

2:16-cv-13166

Order on Appeal from the US District Court

U.S. Court of Appeals for the Sixth Circuit

March 2, 2018

March 2, 2018

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5479969/bormuth-v-johnson/

Last updated April 13, 2026, 4:32 a.m.

ECF Number Date Description Link
1 Sept. 1, 2016

Civil Case - Complaint

Clearinghouse
3 Sept. 1, 2016

Referring Pretrial Matters to Magistrate Judge*

RECAP
4 Sept. 6, 2016

Regarding Parties Responsibility to Notify Court of Address Changes*

RECAP
7 Sept. 13, 2016

Appearance

RECAP
8 Sept. 16, 2016

~Util - Set Deadlines/Hearings AND Order

RECAP
9 Sept. 30, 2016

Appearance

RECAP
10 Sept. 30, 2016

Dismiss

RECAP
11 Oct. 11, 2016

Response to Motion

RECAP
12 Oct. 17, 2016

Reply to Response to Motion

RECAP
13 Oct. 24, 2016

REPORT AND RECOMMENDATION re 10 MOTION to Dismiss in Lieu of Answer and Brief in Support filed by Ruth Johnson, Bill Schuette Signed by Magistrate Judge David R. Grand. (EBut)

Clearinghouse
14 Nov. 2, 2016

Hearing on Motion*

RECAP
15 Nov. 7, 2016

Objection to Report and Recommendation

RECAP
16 Nov. 7, 2016

Objection to Report and Recommendation

RECAP
17 Nov. 9, 2016

Response - Free

RECAP
18 Nov. 21, 2016

Response - Free

RECAP
19 Dec. 21, 2016

Notice - Other

RECAP
20 Jan. 10, 2017

OPINION and ORDER Adopting the Magistrate Judge's 13 Report and Recommendation as Modified. Signed by District Judge Nancy G. Edmunds. (KWin)

Clearinghouse
21 Feb. 2, 2017

Notice of Appeal - 6th Circuit

RECAP
22 Feb. 2, 2017

Certificate of Service of Notice of Appeal - 6th Circuit*

RECAP
23 March 29, 2017

Appeal Order/Opinion/Judgment

RECAP
24 April 6, 2017

Motion - Free

RECAP
25 April 20, 2017

Appearance

RECAP
26 April 20, 2017

Response to Motion

RECAP
27 April 26, 2017

Reply to Response to Motion

RECAP
28 May 30, 2017

Motion - Free

RECAP
29 June 13, 2017

Response to Motion

RECAP
30 June 16, 2017

REPORT AND RECOMMENDATION re 10 MOTION to Dismiss in Lieu of Answer and Brief in Support filed by Ruth Johnson, Bill Schuette Signed by Magistrate Judge David R. Grand. (EBut)

RECAP
31 June 16, 2017

Order on Motion - Free AND Order on Motion - Free

RECAP
32 July 5, 2017

Objection to Report and Recommendation

RECAP
33 July 17, 2017

Response - Free

RECAP
34 Aug. 1, 2017

ORDER Adopting Report and Recommendation and granting 10 remaining portion of Motion to Dismiss, which was not yet resolved by Magistrate. Signed by District Judge Nancy G. Edmunds. (CBet)

Clearinghouse
35 Aug. 1, 2017

Judgment*

Clearinghouse
37 Aug. 30, 2017

Notice of Appeal - 6th Circuit

RECAP
38 Aug. 30, 2017

Certificate of Service of Notice of Appeal - 6th Circuit*

RECAP
Aug. 30, 2017

Appeal Fee Received

39 March 2, 2018

OPINION from U.S. Court of Appeals - Sixth Circuit re 37 Notice of Appeal filed by Peter Bormuth [Appeal Case Number 17-2053] (SKra) (Entered: 03/02/2018)

Clearinghouse
40 March 26, 2018

MANDATE from U.S. Court of Appeals - Sixth Circuit as to 37 Notice of Appeal filed by Peter Bormuth [Appeal Case Number 17-2053] (DWor) (Entered: 03/26/2018)

RECAP

Case Details

State / Territory:

Michigan

Case Type(s):

Election/Voting Rights

Special Collection(s):

Law Firm Antiracism Alliance (LFAA) project

Key Dates

Filing Date: Sept. 1, 2016

Closing Date: Aug. 1, 2017

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiff was a former Democratic primary candidate for the Michigan House of Representatives who lost the election.

Public Interest Lawyer: No

Filed Pro Se: Yes

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State

Ruth Johnson and Bill Schuette

Case Details

Causes of Action:

42 U.S.C. § 1983

42 U.S.C. § 1985

Other Dockets:

Eastern District of Michigan 2:16-cv-13166

Available Documents:

Any published opinion

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: Defendant

Relief Granted:

None

Source of Relief:

None

Issues

Voting:

Voting: General & Misc.

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