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)

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)

Attorney Contact Information via CourtListener

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

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Docket

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

Last updated Nov. 3, 2026, 4:36 a.m.

Docket for: Bormuth v. Johnson

ECF Number	Date	Description	Link
1	Sept. 1, 2016	COMPLAINT filed by Peter Bormuth against defendants; Receipt No: 095562 - Fee: $ 400. (Attachments: # 1 Document Continuation) (DPer) (Entered: 09/01/2016) 1 Document Continuation View on PACER	Clearinghouse
2	Sept. 1, 2016	SUMMONS Issued for * All Defendants * (Attachments: # 1 Document Continuation) (DPer) (Entered: 09/01/2016)	RECAP
3	Sept. 1, 2016	ORDER Referring Pretrial Matters to Magistrate Judge David R. Grand. Signed by District Judge Nancy G. Edmunds. (CBet) (Entered: 09/01/2016)	RECAP
4	Sept. 6, 2016	Notice Regarding Parties' Responsibility to Notify Court of Address Changes (KKra) (Entered: 09/06/2016)	RECAP
	Sept. 6, 2016	TEXT-ONLY CERTIFICATE OF SERVICE re 3 Order Referring Pretrial Matters to Magistrate Judge on Peter Bormuth at 142 West Pearl St., Jackson, MI 49201. (CBet)
5	Sept. 7, 2016	CERTIFICATE of Service/Summons Returned Executed. Bill Schuette served on 9/6/2016, answer due 9/27/2016. (ATee) (Entered: 09/09/2016)	RECAP
6	Sept. 7, 2016	CERTIFICATE of Service/Summons Returned Executed. Ruth Johnson served on 9/6/2016, answer due 9/27/2016. (ATee) (Entered: 09/09/2016)	RECAP
7	Sept. 13, 2016	NOTICE of Appearance by Denise C. Barton on behalf of Ruth Johnson, Bill Schuette. (Barton, Denise) (Entered: 09/13/2016)	RECAP
8	Sept. 16, 2016	BRIEFING SCHEDULE On Plaintiff's Request for Expedited Consideration; Motion due 9/30/2016 (See order for additional dates), Signed by Magistrate Judge David R. Grand. (WBar) (Entered: 09/16/2016)	RECAP
	Sept. 26, 2016	TEXT-ONLY CERTIFICATE OF SERVICE re 8 Order, Set Deadlines/Hearings on Peter Bormuth at 142 WEST PEARL STREET, JACKSON, MI 49201. (EBut)
9	Sept. 30, 2016	NOTICE of Appearance by John G. Fedynsky on behalf of Ruth Johnson, Bill Schuette. (Fedynsky, John) (Entered: 09/30/2016)	RECAP
10	Sept. 30, 2016	MOTION to Dismiss in Lieu of Answer and Brief in Support by Ruth Johnson, Bill Schuette. (Fedynsky, John) (Entered: 09/30/2016)	RECAP
11	Oct. 11, 2016	RESPONSE to 10 MOTION to Dismiss in Lieu of Answer and Brief in Support filed by Peter Bormuth. (Attachments: # 1 Document Continuation) (BGar) (Entered: 10/11/2016)	RECAP
12	Oct. 17, 2016	REPLY to Response re 10 MOTION to Dismiss in Lieu of Answer and Brief in Support filed by All Defendants. (Fedynsky, John) (Entered: 10/17/2016)	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) (Entered: 10/24/2016)	Clearinghouse
	Oct. 24, 2016	TEXT-ONLY CERTIFICATE OF SERVICE re 13 REPORT AND RECOMMENDATION re 10 MOTION to Dismiss in Lieu of Answer and Brief in Support filed by Ruth Johnson, Bill Schuette on Peter Bormuth at 142 WEST PEARL STREET, JACKSON, MI 49201. (EBut)
14	Nov. 2, 2016	NOTICE OF HEARING on 10 MOTION to Dismiss in Lieu of Answer and Brief in Support. Motion Hearing set for 12/6/2016 02:00 PM before Magistrate Judge David R. Grand (EBut) (Entered: 11/02/2016)	RECAP
	Nov. 2, 2016	TEXT-ONLY CERTIFICATE OF SERVICE re 14 Notice of Hearing on Motion on Peter Bormuth at 142 WEST PEARL STREET, JACKSON, MI 49201. (EBut)
15	Nov. 7, 2016	OBJECTION to 13 Report and Recommendation by Peter Bormuth. (DWor) (Entered: 11/07/2016)	RECAP
16	Nov. 7, 2016	OBJECTION to 13 Report and Recommendation by Ruth Johnson, Bill Schuette. (Fedynsky, John) (Entered: 11/07/2016)	RECAP
17	Nov. 9, 2016	RESPONSE to 16 Objection to Report and Recommendation by Peter Bormuth. (DWor) (Entered: 11/09/2016)	RECAP
18	Nov. 21, 2016	RESPONSE to 15 Objection to Report and Recommendation by Ruth Johnson, Bill Schuette. (Fedynsky, John) (Entered: 11/21/2016)	RECAP
	Dec. 6, 2016	Minute Entry for proceedings before Magistrate Judge David R. Grand: Motion Hearing held on 12/6/2016 re 10 MOTION to Dismiss in Lieu of Answer and Brief in Support filed by Ruth Johnson, Bill Schuette. Disposition: Motion taken under advisement (Court Reporter: Digitally Recorded) (EBut)
19	Dec. 21, 2016	NOTICE by Ruth Johnson, Bill Schuette re 13 REPORT AND RECOMMENDATION re 10 MOTION to Dismiss in Lieu of Answer and Brief in Support filed by Ruth Johnson, Bill Schuette Additional Authority (Attachments: # 1 Exhibit 1 - Atty General v Board of Canvassars, # 2 Exhibit 2 - Atty General v Board of Canvassars) (Fedynsky, John) (Entered: 12/21/2016)	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) (Entered: 01/10/2017)	Clearinghouse
	Jan. 10, 2017	TEXT-ONLY CERTIFICATE OF SERVICE re 20 Order Adopting Report and Recommendation on Peter Bormuth, 142 West Pearl Street, Jackson, MI 49201. (KWin)
21	Feb. 2, 2017	NOTICE OF APPEAL by Peter Bormuth re 20 Order Adopting Report and Recommendation. Receipt No: DET 100520 - Fee: $ 505 - Fee Status: Fee Paid. (Ahmed, N) (Entered: 02/02/2017)	RECAP
22	Feb. 2, 2017	Certificate of Service re 21 Notice of Appeal. (Ahmed, N) (Entered: 02/02/2017)	RECAP
23	March 28, 2017	ORDER from U.S. Court of Appeals - Sixth Circuit re 21 Notice of Appeal filed by Peter Bormuth [Appeal Case Number 17-1124] (Ahmed, N) (Entered: 03/29/2017)	RECAP
24	April 6, 2017	MOTION to Supplement under FRCP 15(d) by Peter Bormuth. (BGar) (Entered: 04/06/2017)	RECAP
25	April 20, 2017	NOTICE of Appearance by Adam L.S. Fracassi on behalf of Ruth Johnson. (Fracassi, Adam) (Entered: 04/20/2017)	RECAP
26	April 20, 2017	RESPONSE to 24 MOTION filed by Ruth Johnson. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A. Letter, # 3 Exhibit B. Letter) (Fracassi, Adam) (Entered: 04/20/2017)	RECAP
27	April 26, 2017	REPLY to Response re 24 MOTION filed by Peter Bormuth. (Ahmed, N) (Entered: 04/26/2017)	RECAP
28	May 30, 2017	MOTION requesting order staying collection of late filing fees until litigation is completed by Peter Bormuth. (DPer) (Entered: 05/30/2017)	RECAP
29	June 13, 2017	RESPONSE to 28 MOTION Requesting Order Staying Collection of Late Filing Fees until Litigation is Completed filed by Ruth Johnson, Bill Schuette. (Fedynsky, John) (Entered: 06/13/2017)	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) (Entered: 06/16/2017)	RECAP
31	June 16, 2017	ORDER denying 28 Motion ; granting 24 Motion. Signed by Magistrate Judge David R. Grand. (EBut) (Entered: 06/16/2017)	RECAP
	June 16, 2017	TEXT-ONLY CERTIFICATE OF SERVICE re 31 Order on Motion - Free, 30 REPORT AND RECOMMENDATION re 10 MOTION to Dismiss in Lieu of Answer and Brief in Support filed by Ruth Johnson, Bill Schuette on Peter Bormuth at 142 WEST PEARL STREET, JACKSON, MI 49201. (EBut)
32	June 30, 2017	OBJECTION to 30 Report and Recommendation by Peter Bormuth. (Ahmed, N) (Entered: 07/05/2017)	RECAP
33	July 17, 2017	RESPONSE to 32 Objection to Report and Recommendation by All Defendants. (Fedynsky, John) (Entered: 07/17/2017)	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) (Entered: 08/01/2017)	Clearinghouse
35	Aug. 1, 2017	JUDGMENT adopting Magistrate's R&R. Deft's motion to dismiss 10 is granted. Complaint dismissed. Signed by District Judge Nancy G. Edmunds. (CBet) (Entered: 08/01/2017)	Clearinghouse
	Aug. 1, 2017	TEXT-ONLY CERTIFICATE OF SERVICE re 35 Judgment, 34 Opinion & Order Adopting Report and Recommendation mailed to Peter Bormuth, 142 West Pearl Street, Jackson, MI 49201 (CBet)
36	Aug. 30, 2017	Appeal Fee received for 21 Notice of Appeal filed by Peter Bormuth in the amount of $ 505.00 - Receipt No. DET106796. (RBog) (Entered: 08/30/2017)	RECAP
37	Aug. 30, 2017	NOTICE OF APPEAL by Peter Bormuth re 34 Order and 35 Judgment. Receipt No: 106769 - Fee: $ 505 - Fee Status: Fee Paid. (DPer) (Entered: 08/30/2017)	RECAP
38	Aug. 30, 2017	Certificate of Service re 37 Notice of Appeal. (DPer) (Entered: 08/30/2017)	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