FLINT, MI — The Genesee County Election Commission is recommending an appeal of a decision that would allow a candidate, who failed to check a box, to appear on the November ballot.
The judge’s decision allows her to be on the ballot, and any court decision on an appeal likely would happen after the November election.
Sherry A. Moore submitted an affidavit of identity to Atlas Township around July 20 to pursue election as a candidate for councilperson for the Village of Goodrich, a town with a population 1,860, for the November election, according to a lawsuit she filed with the Genesee County Circuit Court.
When Moore filled out her affidavit of identity, she failed to check a box stating she is a U.S. citizen, according to Genesee County Clerk John Gleason.
“She did not check the box, ’I am a U.S. citizen,’ which is a fatal flaw,” said Gleason.
According to the Michigan Bureau of Elections, an omission of that information means the candidate should not be certified to the ballot.
Since Moore didn’t check the box, the election committee didn’t accept her affidavit, Gleason said.
On Friday, Sept. 4, the Genesee County Election Committee approved a motion to appeal the decision Genesee Circuit Court Judge Mark W. Latchana made just two days earlier, which allows Moore’s name to appear on the November ballot.
Senior Assistant Prosecuting Attorney Brian D. MacMillan serves as legal advisor to the Genesee County Board of Commissioners. He advised the election committee to appeal the decision because he believes the judge’s ruling is incorrect.
“We’re going to appeal because I think the rulings are incorrect, and until we get guidance from the court of appeals one way or the other, we have to deal with lawsuits,” said MacMillan.
He added that lawsuits also take up time and slow down the process for the election committee to submit and process ballots by deadline, which is Sept. 15.
On July 27, David Linder with the elections committee sent Moore a letter informing her that the affidavit is invalid because the box that states she is a U.S. citizen was not filled out or checked when turned in.
“Our office received that affidavit of identity after the filing deadline,” said Genesee County Chief Deputy Clerk Leslie A. Raleigh. “If it was before we would have contacted her and said ‘Hey, we can’t accept this.’ But because it was after the filing deadline our office sent her a letter stating you do not qualify to be on the ballot because you do not meet the qualifying requirements by the law, stating that you are a U.S. citizen.”
Raleigh said Moore was denied the chance to amend the affidavit because it was submitted after the filing deadline.
On Aug. 24, Moore filed a lawsuit with the Genesee County Circuit Court against Genesee County, Gleason and the election committee in order to get her name on the ballot.
“Once the appellate court schedules a hearing on this, they’re not gonna spend 10 minutes on it,” said Gleason.”They’re going to say that they don’t belong on the ballot.”
Gleason and MacMillan mentioned past similar situations and stated the appeals process could take several months to reach a decision.
Moore and her attorney Allen Robb were not immediately available for comment.
Related news:
Genesee County courts offer live online viewing of proceedings
Disqualified Genesee County candidates ask judge to put them back on primary ballot
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