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Conflicting Rulings In U.S., State Appeals Court On Michigan Recount

LANSING (WWJ) - Will the recount continue in Michigan? It was up in the air Tuesday evening as state and federal courts issued competing rulings.

In a 2-to-1 decision, the U.S. 6th Circuit Court of Appeals affirmed a previous order of federal judge that the presidential election can continue in Michigan. The appeals court, in Cincinnati, Ohio, clarified that it's not deciding the merits of the recount — only the timing and how it relates to voting rights under the U.S.  Constitution.

Meantime, in Lansing, the Michigan Appeals Court ruled that the Board of State Canvassers never should have allowed the recount requested by Green Party candidate Jill Stein to proceed, because — with only about 1 percent of the vote — she has no chance to overturn the result in her favor, and is therefore not an "aggrieved candidate."

State Attorney General Bill Schuette, in agreement with other Michigan Republicans and lawyers for President-elect Donald Trump, says the whole thing is a waste of taxpayer money and should be stopped.

It was unclear, as of Tuesday evening, if the latest state ruling could make the federal ruling the same day moot, or vise versa. It seemed both sides were claiming victory.

"I'm grateful, and I know Michigan taxpayers agree, that the Michigan Court of Appeals has adhered to the rule of law, and clarity in our Michigan statute in agreeing that Jill Stein is not an aggrieved candidate and the recall must stop," Schuette said.

"Michigan law needs to prevail here, and this federal takeover is absolutely wrong and it's unjust," he said.

Stein's attorney, Mark Brewer — the former state Democratic party chair whose assisted Stein with the filing — contends that the federal court order allowing the recount to proceed trumps any state challenge.

"The law is very clear, state clear can not interfere with that federal court order," Brewer said. "So, the state courts cannot stop the recount."

Brewer argues that Stein is "going to bat" for voters to ensure that their votes were properly counted.

Michigan's recount started Monday. WWJ Lansing Bureau Chief Tim Skubick says that, baring any further action by the courts, the recount is likely to continue for time time being, with six more counties to be added Wednesday.

Trump narrowly defeated Democrat Hillary Clinton in Michigan and two other states where Stein requested recounts, Pennsylvania and Wisconsin.

[MORE: Broken Voting Machines Could Wreak Havoc For Wayne County Recount]

TM and © Copyright 2016 CBS Radio Inc. and its relevant subsidiaries. CBS RADIO and EYE Logo TM and Copyright 2016 CBS Broadcasting Inc. Used under license. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.

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