In Pursuit of Justice

Rose Bogaert

vs.

Secretary of State Terri Lynn Land, in her official capacity,
Andy Dillon, and Wayne County Board of Election Commissioners

On June 6, a Complaint For Writ of Mandamus was filed in the Court of Appeals to recapture signatures which are valid as found by the US Supreme Court. If found to be invalid it would would violate citizens First Amendment Rights of free speech and association. This would give us more than enough signatures to place the question on the Aug. 5th ballot.

In addition, we are also challenging the practice of throwing out both signatures when someone signs twice by accident. For years the opposition has been thought to be signing petitions more than once to throw off the count. In 1983 when we were attempting to recall Senator Patrick McCullough, we had enough signatures to recall him from office for his vote for a 38% increase in the income tax. Due to duplicate signatures, where both the original and the duplicate were thrown out, we were unable to place the recall on the ballot. We challenged it in the Court of Appeals but did not have the resources to challenge it any further. We now have the opportunity if the Court of Appeals does not drag their feet.

On the face of the petition, is this warning in bold print: "A PERSON WHO KNOWINGLY SIGNS A RECALL PETITION MORE THAN ONCE OR SIGNS A NAME OTHER THAN HIS OR HER OWN IS VIOLATING THE PROVISIONS OF THE MICHIGAN ELECTION LAW."

We believe that over a three month period people can honestly forget if they signed a petition. We still have the presumption of innocence in this country. We agree that one of the signatures should be discounted but only one. In any case, we should not allow the disenfranchisement of voters for political expediency. Hopefully we will prevail.

TO BE CONTINUED.