DETROIT An activist is suing Michigan Secretary of State Jocelyn Benson for an inaccurate count reported from Detroits absentee ballot precincts in the August primary. The Michigan Court of Appeals has agreed to hear the case. Robert Davis, who is suing Benson over the miscount and attended the canvass of Detroits votes, said he had no choice. During the primary election, 72 percent of Detroits absentee ballot precincts had an inaccurate count. If the books dont match that means a recount is not legally possible which in a tight race is problematic.