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HomeMy WebLinkAbout2003 Election Commission MinutesP S !tic City of Lansing - Election Commission Minutes of Meeting il 117 9th Floor Conference Room February 24, 2003, 10:00 A.M. `\�cH1GP, PRESENT: Debbie Miner, City Clerk/Chairperson; David Tijerina, City Assessor; Jim Smiertka, City Attorney; Robert Alim-Young Elections Coordinator, Brian Bevez, Assistant City Attorney, Geneva Smith, 4 Ward City Councilmember ABSENT: None Meeting was called to order by Chairperson Miner at 1:30 P.M. PUBLIC COMMENT: There was no public comment. OLD BUSINESS: COMMUNICATIONS AND PETITIONS: There were no communications and petitions REPORT FROM THE CHAIRPERSON: ACTION ITEMS: a. Approval of the Minutes of June 18, 2002 Motion by Member Tijerina to approve the minutes of June 18, 2002 Carried Unanimously b. Approval of Revised Recall Signature Verification Procedures Motion by Member Smiertka that the revised recall petition signature verification procedures be approved Carried Unanimously TABLED ITEMS: There were no tabled items INFORMATION ITEMS: a. Review of Recall Procedures City Clerk Miner distributed copies of election law relating to recall petitions and the procedures used to regulate them, as well as a copy of the State of Michigan handbook on Circulating City/Township Petition Forms and an informational memo detailing the timeline for filing of petition signatures as reported by Ingham County Election Coordinator Charlene Corrigan. City Attorney Smiertka distributed copies of a letter mailed to Mr. John Pollard regarding possible violations of election law involved with fliers being handed out with recall petitions. City Attorney Smiertka directed the Commissions attention to section 168.957 of State Election Law which states in part "A person circulating a petition shall be a qualified and registered elector in the electoral district of the official sought to be recalled and shall attach thereto his certificate stating that he is a qualified and registered elector in the electoral district of the official sought to be recalled and shall state the city or the township wherein he resides and his post -office address; further, that signatures appearing upon the petition were not obtained through fraud deceit, or misrepresentation ... (emphasis added)" It is his opinion that the fliers being circulated in tandem with the recall petitions contain statements that may be misleading to voters and constitute a misrepresentation of facts. He suggested that the Commission invite Mr. Pollard to a special meeting called for the purpose of allowing him to answer the concerns of the Commission with regard to deceptive or misleading statements contained in materials being circulated. Motion by Member Smiertka that Chairman Miner write a letter to Mr. Pollard requesting that he attend the special meeting of the Election Commission scheduled for March 4, 2003 at 1:30 P.M. to review fliers that are allegedly being circulated with recall petitions seeking a recall election for Councilmembers Meyer and Smith Carried Unanimously OLD BUSINESS: There was no old business NEW BUSINESS: See Action Items PUBLIC COMMENT ON NON -AGENDA ITEMS: There were no public comments ADJOURNMENT: Motion by Jim Smiertka to adjourn. Carried unanimously Meeting adjourned at 2:10 P.M. RESPECTFULLY SUBMITTED DEBBIE MINER, CITY CLERK City of Lansing -Election Commission Minutes of Meeting 9th Floor Conference Room JUNE 13, 2003, 10:00 A.M. �• I I 1 C,,,'., PRESENT: Debbie Miner, City Clerk/Chairperson; David Tijerina, City Assessor; Jim Smiertka, City Attorney; Robert Alim-Young Elections Coordinator, Beverly March, Candidate for City Council in the 1St Ward, Harold Leeman, Incumbent City Councilmember in the 1St Ward ABSENT: None Meeting was called to order by Chairperson Miner at 8:30 A.M. PUBLIC COMMENT: Beverly Marsh said that she filed to run for the first Ward City Council seat in May. She asserted that she has lived in Lansing Since December 7, 2002. She moved back in with her father at 416 Beaver at that time. Her family is very upset over this move, and her husband still lives in her home in Lansing Township, which is where her office is located. She further stated that she was hospitalized from December 16 through December 30. Her sister lives at 213 Douglas and took care of her during her convalesence. She has a daughter and a son who both live in the 1St Ward. She is maintaining two households. Councilmember Harold Leeman thanked the Election Commission for reviewing his complaint. City Attorney Smiertka asked Mrs. Marsh what address is shown on her drivers license. Mrs. Marsh responded that she received her address correction on January 2, 2003 to 416 Beaver. She presented letters from her bank and utility bills that were mailed to the Beaver Street address. Motion by Member Smiertka That based on the documentation provided to this Commission, there is insufficient evidence to support the charge that Mrs. Marsh is not meeting the rule of residency at this time. MOTION CARRIED 3/0 COMMUNICATIONS AND PETITIONS: There were no communications and petitions REPORT FROM THE CHAIRPERSON: No report. ACTION ITEMS: Approval of the Minutes of February 3, 2003 Motion by Member Smiertka to accept the minutes of February 25, 2003 as submitted Motion Carried 3/0 TABLED ITEMS: There were no tabled items INFORMATION ITEMS: There were no information items OLD BUSINESS: There was no old business NEW BUSINESS: There was no new business. PUBLIC COMMENT ON NON -AGENDA ITEMS: ADJOURNMENT: Motion by Member Tijerina to adjourn. Carried unanimously Meeting adjourned at 10:00 AM. RESPECTFULLY SUBMITTED DEBBIE MINER, CITY CLERK RECALL SIGNATURE VERIFICATION PROCEDURE I. Prepare alphabetical listing to record valid signatures. A. Print Alpha listing from QVF B. Store in vault at the end of the day. II. As petitions are received stamp each sheet with a unique number to help determine possible duplications later. A. A tally sheet shall contain the unique number of the petition page and spaces to record the number of valid signatures and the initials of the person who checked them. III. Using the petition guide sheet determine the validity of the needed information (the name, address, post office and date). IV. The QVF will be used to check through the petitions for valid signatures. A. Use either name or address inquiry functions. 1. If there is a match with both name and address consider a registered voter. 2. When there are similar names at the same address check the files to compare signatures. V. Names not found on the QVF will be checked in the active file. A. If it is determined that the name and address is that of a registered voter found in the master card file, the file number, name and address will be added to the printout. 1. This information will be added to an update form to be added to the QVF later. B. A name not found will be considered not registered. VI. Valid signatures will be recorded in the alphabetical listing with the number that is stamped on each petition. A. The number of the petition page is to be recorded next to the voters name. B. If it is found that there is a previous entry, both names will be checked for similarity. 1. If the signatures are similar the later signature will be voided. 2. If the signatures are dissimilar both signatures will be checked against the master card file. C. The number of valid signatures will be recorded at the bottom of each petition page. D. The person who checked the petition shall record the number of valid signatures and their name in the tally sheet next to the petition number. VII. Petitions are to be kept in numerical order and stored in the vault. G� 1/7 � 1� John Pollard 1718 Blair Street Lansing, MI 48910 Dear Mr. Pollard: City O f---, 0 i Office of the City Attorney February 10, 2003 As a member of the City of Lansing Election Commission, it has come to my attention that a brochure or pamphlet is being disseminated throughout Lansing concerning a recall petition seeking the removal of Counciimember Geneva -Smith from office. Among other -things, the pamphlet suggests that should the reader require more information he should call your home telephone number. If, in -fact, you have some involvement with the pamphlet by virtue of paying for or causing the same to be circulated, you should be alerted to the following provisions of the Michigan election law. MCL 168.931(3) provides: A person or a person's agent who knowingly makes, publishes, disseminates, circulates, or places before the public, or knowingly causes directly or indirectly to be made, published, disseminated, circulated, or placed before the public, in this state, either orally or in writing, an assertion, representation, or statement of fact concerning a candidate for public office at a primary or general election of this state, which is false, deceptive, scurrilous, or malicious, without the true name of the author being subscribed to the assertion, representation, or statement if written, or announced if unwritten, is guilty of a misdemeanor. MCL 169.247 also requires that: ... [a] billboard, placard, poster, pamphlet, or other printed matter having reference to an election, a candidate, or ballot question, shall bear upon it the name and address of the person paying for the matter. "`We're Making It -',xfappen " 5th Floor, City Hall • Lansing, Michigan 48933 • (517) 483-4320 • FAX (517) 483-4081 CrIYA=@CI. LANSING. MI.I IS Letter to John Pollard Re; Recall Petition/Geneva Smith February 10, 2003 Page Two The foregoing two (2) provisions require that election material bear the name of the author if he or she paid for the pamphlet or circulated the same. The subject pamphlet, however, bears no such name. Accordingly, if you are involved with this matter, you may wish to seek legal counsel. Thank you for your attention to this matter. Very truly yours, �— James D. Smiertka City Attorney /kml XV. Processing Recall Petitions Public Officials Subject to Recall All elective officers in the state, except judicial officers, are subject to recall by the voters of their respective districts. An officer who is being recalled may continue to perform the duties of his or her office until the result of the recall election is certified. In an instance where a recall petition is filed against a local clerk or any other local public official responsible for handling duties associated with the administration of the recall election, Michigan election law directs the county clerk to appoint "some other impartial public officer having knowledge of the election laws involved" to perform the duties. Michigan election law further provides that a public officer appointed to handle the election related duties of a public official subject to recall "shall receive no .j additional compensation for his services." Michigan election law stipulates that a recall petition "shall not be filed against an officer until the officer has actually performed the duties of the office to which elected for a period of 6 months during the current term of that office." Michigan election law further stipulates that a recall petition "shall not be filed against an officer during the last 6 months of the officer's term of office." Clarity Review Michigan election law requires the County Election Commission to review the language of a recall petition before the petition is circulated. Thus, a "clarity review" is the starting point of each and every recall effort launched in Michigan. Procedural steps for the clarity review are as follows: Submission of language: Sponsors of a recall effort submit the language of their petition to the County Election Commission established in the county where the officer resides. The Board is composed of the county clerk, county treasurer and chief judge of probate. Under normal circumstances, the language is submitted to the county clerk in a letter or on the proposed petition form. (A separate submission must be made for 106 each officer whose recall is sought.) If the county clerk is disqualified from the review as explained below, the language is submitted to another member of the Board. In all cases, the Board member accepting the petition language issues a receipt to the filer of the language which shows the filer's name, address, phone number, and the date of the filing. The Board member retains a copy of the receipt for the Board's records. • A member of the Board who is involved in the preparation of the recall petition language or who is the elected official whose recall is sought is disqualified from ruling on the clarity of the petition. In the absence or disqualification of the county clerk, the Board may select one of the county clerk's deputies to act in the county clerk's place. In the absence or disqualification of the county treasurer or the chief judge of probate, the members of the Board who are present appoint some other county officer to act in the absent of disqualified member's place. • Two Board members must be present at a meeting to transact business. • It is important to note that while a recall petition cannot be filed until the officer whose recall is sought has served at least 6 months in his or her current term of office, recall language may be submitted for a "clarity review" before the 6 month period has elapsed. Notification requirements and scheduling of meeting: Within 24 hours after a member of the County Election Commission accepts recall petition language from a filer, the Board must notify the officer whose recall is sought of l.) the filing of the petition language and the date of the filing 2.) the contents of the petition language and 3.) the time, date and place of the Board's meeting to review the language for clarity. Official notice of the time, date and place of the Board's meeting is also sent to the filer of the language. (Scheduling of the Board's meeting is discussed below.) • Notices may be sent by first-class mail. Mailed notices must be posted before the 24 hour period allowed for notification expires. County clerks who use first-class mail to comply with the notification requirement should sign and keep on file an affidavit which affirms that the notices were issued as required within the allowed 24 hour period. • The Board is required to meet sometime between the 10th and 201h day after the filing of recall language to conduct the review. As the 24-hour notification deadline allows the Board little time to reach agreement on the time, date and place of their meeting, the Board should make prior arrangements to allow for immediate scheduling. For example, it could be agreed that if all Board members are not available to immediately set the meeting after recall language has been filed, a meeting on the 11 th day after the filing would automatically be set by the clerk. 107 • Notice of the scheduled meeting must be posted at least 18 hours in advance of the meeting to comply with the Open Meetings Act. Conduct of meeting: When the required meeting is held, the function of the Board is to "determine whether each reason for the recall stated in the petition is of sufficient clarity to enable the officer whose recall is sought and the electors to identify the course of conduct that is the basis for the recall." The officer whose recall is sought and the sponsors of the petition may appear at the meeting and present arguments on the clarity of the petition language. • Michigan election law stipulates that each reason for the recall "shall be based upon the officer's conduct during his or her current term in office." • The Board does not have the authority to rule on the reasons for recall as only the clarity of the recall language is subject to the Board's review. • After the meeting, the members of the Board must provide a copy of their determination on the clarity of the recall language to the filer of the language and the officer whose recall is sought. If the Board approves the recall language, a copy of the approved language must be forwarded to the filing official who will later receive the signed recall petition sheets. (Note: In certain circumstances, the language of a recall petition will be reviewed for clarity in one county — and the recall petition will be filed in a neighboring county or with the Secretary of State. It is the Board's responsibility to ensure that the proper filing official receives a copy of the approved language and notice of the date the language was approved.) • Failure of the Board to hold the required review meeting by the 20th day after the filing of recall language constitutes a determination that the language is of sufficient clarity. The Board may not use this provision to avoid its responsibility to hold a clarity review. • Recall language clarity approvals expire after the elapse of 180 days. Michigan election law stipulates that a recall petition that is filed after the 180 -day period is not valid. Appeal process: The Board's ruling on the clarity of the recall language may be appealed by the officer whose recall is sought or by the sponsors of the recall petition to the Circuit Court in the county where the clarity determination was made. The appeal must be filed within 10 days after the Board's determination. If the Board fails to meet to review the clarity of the language by the 20th day after the filing of the language, an appeal may be filed on the 21" day through the 30th day after the filing of the language. W. Preparation and Circulation of Recall Petitions As soon as the sponsors of a recall effort have the clarity of their petition language approved by the County Election Commission, they are free to circulate their petition. The petition form: Recall petitions must conform to the specifications prescribed by the Secretary of State. • There are two types of recall petition forms approved for use: one form is designed for the recall of state, city, township and school officers; the other form is designed for the recall of village officers. The county clerk is required to supply blank recall petition forms upon request. • A separate petition must be circulated for each officer who is being recalled. • The reasons for the recall printed on the recall petition must be the language approved by the County Election Commission. Circulation of recall petitions: Recall petitions are circulated within the district represented by the officer whose recall is sought. • Circulators of recall petitions must be registered to vote in the electoral district of the official whose recall is sought. Before a recall petition can be circulated, the circulator must complete the "heading" of each petition sheet by filling in 1.) the county and city or township where the sheet will be circulated or 2.) the village where the sheet will be circulated. The sheet may not be circulated outside of 1.) the county and city or township or 2.) village specified in the heading. (NOTE: Recall petitions may not be circulated on a "countywide" basis.) The circulator must also include in the heading the name of the officer whose recall is sought, the title of the office, and the office district (if appropriate). • A circulator may not leave a recall petition unattended in a public place; all signatures must be signed in the presence of the circulator. • The circulator must complete and date the "circulator's certificate" on the petition sheet after gathering the last signature he or she intends to collect on the sheet. Signatures on a sheet which are dated after the date on the circulator's certificate are not counted. Signers of recall petitions: Signers of recall petitions must be registered to vote in the electoral district of the official whose recall is sought. • Each signer must list his or her signature, address, post office and the date of signing. If the recall petition is circulated within a city or school district that crosses county lines, each signer must be instructed to execute his or her signature on a petition sheet bearing the name of his or her county of residence in the heading. • All signatures must be signed in the presence of the circulator. • A signer is not permitted to sign for anyone else. For example: an individual may not sign or his or her spouse. Number of signatures required. The number of signatures needed to trigger a recall election is 25% of the votes cast in the officer's district for all candidates for the office of Governor in the last gubernatorial election. Upon written request, the county clerk is required to supply the minimum number of valid signatures needed on the petition. The figure must be calculated and delivered to the requestor within five days after the county clerk's receipt of the request. (If the fifth day falls on a Saturday, Sunday or holiday, the county clerk has until the following business day to honor the request.) Signature "ripeness": Signatures on a recall petition dated more than 90 days before the filing of the petition are invalid. Acceptance of Recall Petitions After the sponsors of a recall effort have collected more than the required number of signatures on their petition, the petition filing takes place. Filing location: Petitions seeking the recall of the following officers are filed with the county clerk of the county in which the greatest number of registered voters in the electoral district reside: county commissioners; township, city and village officers; and school officials. Petitions seeking the recall of the following officers are filed with the Department of State's Bureau of Elections: United States Senator; United States Representative, State Senator; State Representative; elective state officers (except Secretary of State); and elective county officers (except county commissioners). Recall petitions seeking the recall of the Secretary of State are filed with the Governor. Time of filing: A recall petition cannot be filed until the officer whose recall is sought has served at least six months in his or her current term of office. Further, a recall petition cannot be filed during the officer's last six months in office. 110 Supplemental filings not permitted: The petition must be complete when it is filed; the filer cannot submit additional petition sheets at a later hour or date. Notification of officer: The county clerk must notify the officer whose recall is sought of the filing of the recall petition. If the officer can be contacted by phone, the county clerk should immediately call after the filing has been made. Written notification must be forwarded to the officer no later than the business day following the date of the filing. The written notice must 1.) include the date of the filing 2.) inform the officer of the right to examine the petition and purchase copies if desired and 3.) inform the officer of the right to challenge signatures on the petition and the deadline for signature challenges. Checking Recall Petition Preliminary check by county clerk: As soon as a recall petition is filed, the county clerk has seven calendar days to examine it to determine 1.) if the petition is in the proper form and 2.) the number of signatures contained on the petition sheets. • The county clerk does not count any signatures on a petition sheet if: l 1.) The form of the petition is improper. 2.) The circulator's certificate is not filled in or is improperly completed. 3.) The heading is not filled in or is improperly completed. 4.) The sponsor's language on the sheet differs from the language approved and forwarded by the County Election Commission responsible for the "clarity review." • The county clerk does not count individual signatures on a petition sheet if: 1.) The signer did not enter his or her complete address, the post office or Zip Code serving the address, and the date of signing. 2.) The signer dated the signature after the date appearing on the circulator's certificate. 3.) The signature was obtained before the date the County Election Commission approved the recall language. . 4.) The signature was obtained more than 90 days before the date the recall 111 petition was filed. 5.) The signer used ditto marks in the address entry or the date entry. (Ditto marks are acceptable in the post office entry.) 6.) The signer's residential address or the date of signing appears to have been entered by someone other than the signer. (This standard does not apply to the post office entry.) One or more "invalid" signatures on a petition sheet do not affect other "valid" signatures on the sheet; "valid" signatures are always counted. After the completion of the preliminary check: If the form of the petition is improper or the petition lacks the minimum number of signatures needed to trigger a recall election, the county clerk notifies the sponsor of the recall effort in writing of the insufficiency of the petition. Copies of the notice are sent to the officer whose recall was sought. If the form of the petition is proper and the petition thus far appears to contain the minimum number of signatures needed to trigger a recall election, the county clerk forwards the petition sheets which passed the preliminary check to the clerk of the city, township or village where the sheets were circulated. Upon receiving the petition j sheets, the local clerk checks to see if the signers and circulators of the petition are properly registered. (NOTE: If the officer's district covers more than one city or township, the county clerk divides the sheets and forwards them as necessary. Petition sheets are not sent to school districts for registration checks; registrations on petitions seeking the recall of school officials are checked by city and township clerks.) When forwarding petition sheets to local clerks, the county clerk: 1.) Sends the original petition sheets. (A copy of the petition is secured in the clerk's office.) 2.) Instructs the clerks to check the registrations of the circulators of the sheets and the signers who were not eliminated in the preliminary check. (Invalid signatures can be indicated by "coding" them along the left-hand margin of the petition sheet.) 3.) Instructs the clerks to complete the "Clerk's Certificate" on the reverse side of each petition sheet after making the registration checks required on the sheet. 4.) Advises the clerks of the period of time they are allowed by law to complete the registration checks (sec below.) Registration checks: Local clerks are required to check the signatures of signers and - circulators of recall petitions against their registration records within 15 days after the 112 receipt of the petition sheets. The checks may be made against the jurisdiction's original registration records or against the jurisdiction's QVF list. When making the registration checks the local clerk places check marks before the names of signers and circulators who are 1.) registered voters of the city or township 2.) residents of the electoral district of the official whose recall is sought and 3.) were not eliminated by the county clerk under the preliminary check. After making the checks required on a petition sheet, the local clerk completes the "Clerk's Certificate" on the reverse side of the sheet. After the signatures on all petitions have been checked, the local clerk returns the sheets to the county clerk. Signature Challenges The officer whose recall is sought may challenge 1.) the authenticity of a signature on the recall petition or 2.) the registration of an elector whose name appears on the recall petition. Challenges must be submitted in writing within 30 days after the date the petition was filed to the county clerk who accepted the filing. A challenge must contain specific reference to the signature(s) being questioned on the petition. I Upon receiving a written signature challenge from the officer involved, the county clerk: 1.) Forwards each challenged signature, not already excluded from the signature count, to the appropriate city or township clerk. 2.) Instructs the city or township clerk to check the challenged signatures against the jurisdiction's registration records. (The checks may be made against the jurisdiction's original registration records or against the jurisdiction's QVF list. If the authenticity of a signature is questioned under a challenge, the clerk must compare the signature on the petition against the signature appearing on the signer's original registration record.) 3.) Asks for immediate return of the result of the signature checks. (Local clerks must put their findings in writing. The county clerk may wish to design and provide a form for this purpose.) It merits note that an officer whose recall is sought may inspect the recall petition and the registration record as soon as the petition is filed to determine whether he or she wishes to file signature challenges. In addition, Michigan election law stipulates that an officer whose recall is sought must have at least eight calendar days after the local clerks complete the initial registration checks to review the clerks' findings and file - 113 challenges if desired. As shown by the time line illustrated below, the deadlines set % for the county clerk's preliminary check of the petition and the local clerks' initial registration checks must be met to provide the officer with the minimum eight days allowed for a final review for challenges. Petition County Clerk's Local Clerks' Deadline for Filing Preliminary Check Registration Checks Challenges Must Be complete Must Be Complete 7th day 22nd day 30th day after filing after filing after filing Final Petition Review by County Clerk After the city and township clerks have returned all petition sheets to the county clerk — and all signature challenges have been resolved — the county clerk reviews the recall petition a final time to determine if it contains the minimum number of valid signatures needed to initiate a recall election. The county clerk's final review must take place on or before the 35th day after the petition filing date. • If the recall petition does not have the minimum number of valid signatures required, the county clerk notifies the sponsor of the recall effort of the insufficiency of the petition. Copies of the notice are kept In the county clerk's files and sent to the officer involved. • If the recall petition contains the minimum number of valid signatures required, the county clerk submits to the county election scheduling committee a proposed date for a special election to determine whether the electors will recall the officer. The proposed date must be submitted to the scheduling committee within 35 days after the recall petition filing date; the date proposed must fall within the 60 days which follow the date the county clerk submits a date to the scheduling committee. Filing Vacancies Created by Recall 1 If a recall election is held and is successful, a separate election must be held to fill the vacancy which is created. Within five days after the recall election is certified, the 114 county clerk submits to the county election scheduling committee a proposed date for a special election to fill the vacancy; the date proposed must fall within the 60 days which follow the date the county clerk submits a date to the scheduling committee. EXCEPTION: If any primary or election is to be held in the officer's district within the four months which follow the certification of the recall election, the election to fill the vacancy must be held in conjunction with the primary or election. Michigan election law provides unique candidate nomination procedures for a special election conducted to fill a vacancy created by recall. 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Wi n= 3 m O= w w CD c' • CD -p �' CL n �" W � FD w CD — w = r* Q- fD O= _- O n — CD 0 o =. w =. ° O t ..I m Z O C; v m C; Memo To: Election Commission Members From: Debbie Miner, Lansing City Clerk Date: February 25, 2003 Subject: Information regarding signature requirements and timelines for Recall Petitions For your information, according to information received from Charlene Corrigan, Elections Coordinator at the Ingham County Clerk's Office, the following information was given to John Pollard on November 20, 2002. Signatures required for recall must equal 25% of the votes cast in Ingham County for the November 5, 2002 Gubernatorial Election. There were 33,789 votes cast in Ingham County. That equates to, 2,216 signatures required for recall in Ward Three 2,130 signatures required for recall in Ward Four 8,447 signatures required for recall At Large The Clarity Hearing was held on November 13, 2002, and Mr. Pollard is given 180 days from the date of a ruling of sufficient clarity, or until May 11, 2003 according to Ms. Corrigan's calculations. May 11, 2003 falls on a Sunday, revising the deadline to Monday, May 9, 2003 by 5:00 P.M. From the desk of... Debbie Miner City Clerk City of Lansing 124 W. Michigan Ave. Lansing, MI 48933 (517) 483-4130 Fax: (517) 377-0068 February 25, 2003 John Pollard 1718 Blair St. Lansing Ml 48910 Dear Mr. Pollard: Debbie Miner Lansing City Clerk At the February 25, 2003 meeting of the City of Lansing Election Commission, the Commission voted to meet with you personally to give you an opportunity to address concerns they have over fliers that are reportedly being circulated by you along with recall petitions on Councilmembers Meyer and Smith. The Commission agreed that the timeline of this matter is of some sensitivity, therefore the meeting should be held with all due expedience, and scheduled the next meeting for Tuesday, March 4, 2003 at 1:30 P.M. in the City Clerk's Conference Room on the 91h Floor of City Hall at 124 W. Michigan Ave. In accordance with this decision, I am writing to request that you attend the aforementioned meeting of the Election Commission and be prepared to discuss these concerns. If you have any questions with regard to this matter, please feel free to contact me at 483- 4130, or Chief Deputy City Clerk, M. Denise Griffin at 483-4135. Sincerely, 1' Debbie Miner Lansing City Clerk Chair of the City of Lansing Election Commission cc/ Councilmember Larry Meyer Councilmember Geneva Smith City of Lansing Election Commission Members Smiertka and Tijerina Ninth Floor, City Hall, 124 W. Michigan Ave., Lansing, MI 48933-1695 e 517-483-4131 e 517-377-0068 FAX Fax Name: Fax: From: Date: Subject: Pages: Charlene Corrigan, Ingham County Elections Coordinator 483-6421 Debbie Miner, Lansing City Clerk February 25, 2003 Flier circulated with Recall Petitions 5 Char: Fliers attached. Thanks for your help! From the desk of... Debbie Miner City Clerk City of Lansing 124 W. 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(i < m ;� _ 0 m a 's _ w asci C 'C 0 0 RD 3 0a _mS?, m5o m �° g ' tD vQi`CQ m tr v, � m � o '� • (D t! 510 m I Debbie Miner Lansing City Clerk March 6, 2003 John Pollard 1718 Blair Street Lansing MI 48910 Dear Mr. Pollard: At the last Election Commission Committee meeting, you were unable to attend due to illness. The Election Commission Committee feels that it is imperative that you attend the next meeting. The next Election Commission Committee meeting has been scheduled for Tuesday, March 11, 2003 and will be held at 2:00 p.m. in the City Clerk's Conference Room located on the 9`h floor of City Hall at 124 W. Michigan Ave. If you have any questions with regards to this matter, please feel free to contact me at 483- 4135. Sincerely, M. Denise Griffin Lansing Chief Deputy City Clerk Ninth Floor, City Hall, 124 W. Michigan Ave., Lansing, MI 48933-1695.517-483-4131.517-377-0068 FAX May 28, 2003 Melissa Sue Robinson 1121 E. Larned St. Lansing MI 48912 Dear Melissa: Debbie Miner Lansing City Clerk As agreed at our last meeting in my office on Monday, May 19, 2003, 1 am enclosing a copy of the ruling by Bradley S. Whitman, Director of Information Services for the Secretary of State Bureau of Elections which enforces MCL 168.560b requiring that your name be listed on the City of Lansing August 5, 2003 Odd Year Primary Ballot as follows.- Melissa ollows: Melissa Sue Robinson, formerly Charles Edward Staelens, Jr. If you have any questions with regard to the enclosed ruling, or the ballot for the August 5, Primary Election, please feel free to contact me at 483-4130. Sincerely, Yt Debbie Miner Lansing City Clerk dkm cc: Ingham County Clerk Mike Bryanton Ninth Floor, City Hall, 124 W. Michigan Ave., Lansing, MI 48933-1695 •517-483-4131 • 517-377-0068 FAX al STATE OF MICHIGAN TERRI LYNN LAND, SECRETARY OF STATE DEPARTMENT OF STATE LANSING May 20, 2003 Ms. Debbie Miner, Clerk City of Lansing City Hall — 9th Floor 124 West Michigan Avenue Lansing, MI 48935-1695 Dear Ms. Miner: This is in response to your letter of May 9, 2003 regarding the applicability of Michigan election law, MCL 168.560b, to Melissa Sue Robinson, a candidate who is seeking nomination to the office of Mayor at the City of Lansing's upcoming August 5 primary. As you are aware, MCL 168.560b requires a candidate who has experienced a name change to be listed on the ballot with his or her current name and former name in certain specified instances. Michigan election law, MCL 168.558(1), requires all candidates who file for office to file an Affidavit of Identity form. MCL 168.558(2) requires a candidate "using a name that is not the name that he or she was given at birth" to disclose his or her former name when completing the Affidavit of Identity form. MCL 168.558(3) stipulates that a candidate who has experienced a name change is not required to disclose his or her former name on the Affidavit of Identity form if the name in question is one of the following: "(a) A name that was formally changed at least 10 years before filing as a candidate. "(b) A name that was changed in a certificate of naturalization issued by a federal district court at the time the individual became a naturalized citizen at least 10 years before filing as a candidate. "(c) A name that was changed because of marriage. "(d) A name that was changed because of divorce, but only if to a legal name by which the individual was previously known." Michigan election law, MCL 168.560b(1), provides that a candidate who is required to disclose a former name on the Affidavit of Identity form "shall be listed on the ballot with his or her current name and former name as prescribed by the Secretary of State." MCL 168.560b(5) provides that a ballot which does not comply with this requirement "shall not be produced, printed, or distributed." BUREAU OF ELECTIONS MUTUAL BUILDING • 4TH FLOOR 208N.CAPITOL AVENUE • LANSING, MICHIGAN 48918 www.Michigan.gov/sos • (517) 373-2540 It is my understanding that the Affidavit of Identity form which Ms. Robinson filed with your office discloses that she experienced a name change within the last 10 years and that her former name was "Charles Edward Staelens, Jr." If 1.) the name change disclosure is true as stated on the Affidavit of Identity form and 2.) Ms. Robinson is not subject to one of the four exclusions provided under MCL 168.558(3), MCL 168.560b directs that Ms. Robinson's name be listed on the ballot with her former name. Please do not hesitate to contact this office if you have any questions. Phone: (517) 373-2540. 1 ely, Bradley S. Wittman, Director Information Services Division 2 May 9, 2003 Brad Whitman Bureau of Elections P.O. Box 20126 Lansing MI 48901-0726 Dear Brad: Debbie Miner Lansing City Clerk I write to request written confirmation from your office of your interpretation of section 168.560b of Election Law to the effect that Melissa Sue Robinson, a candidate for Mayor in the City of Lansing August 5, 2003 Primary Election is required to be listed on the ballot as Melissa Sue Robinson, formerly Charles E. Staelens, Jr. We have previously provided you with copies of her affidavit of identity, pertinent voter registration documents and the judgement of divorce ordering the name change. It is my understanding that Ms. Robinson will challenge this determination in Court. If you need further information, please feel free to contact me at 483-4130. Thank you for your assistance in this matter. Yours very truly &t�� Debbie Miner Lansing City Clerk dm Ninth Floor, City Hall, 124 W. Michigan Ave., Lansing, MI 48933-1695 • 517-483-4131 • 517-377-0068 FAX CITY OF LANSING III. CAMPAIGN FINANCE ACT COMPLIANCE STATEMENT (See "Section B" on reverse) I swear (or affirm) that on this date, all statements, reports, error or omission notice responses, late filing fees and fines required of me or any Candidate Committee organized to suppoYt my election to office and registered under Michigan's Campaign Finance Act, PA 388 of 1976, have been filed or paid. ,Agree IV. FILER'S ACKNOWLEDGMENT - This filing contains the following (check all that apply): ❑ Nominating Petitions (give estimate of number of signatures ) 2[=—Filing Fee of $100 (if applicable) ❑ Affidavit of Meeting Charter Requirements (2 copies) ❑ Destroy petitions in January ❑ Return petitions in January I WISH TO HAVE MY NAME APPEAR ON BALLOT AS PRINTED BELOW (Nicknames / titles not permitted) / y � Q 1� -S S c, 3 u -e- Q o L r --v) Sgy� By signing this Affidavit, I swear that the statements made above are true. I further acknowledge that making a false statement in this affidavit is perjury, punishable by a fine of u to $1,000.00 or imprisonment for up to 5 years, or both. SIGNATURE OF CANDIDATE Subscribed and sworn to before me this Name of Notary MARILYN DENISE GRIFFIN day of County Io*�j Public, Ingham County, Mi ULNMy CMITc tz Comm. Expires of Notary Public) (Type, Print or Stamp) AGENDA CITY OF LANSING - ELECTION COMMISSION MEETING JUNE 13, 2003-8:30 A.M. NINTH FLOOR CONFERENCE ROOM 1. Call to Order a. Roll Call: Debbie Miner, Chair Jim Smiertka, Member Dave Tijerina, Member b. Excused Absences: 3. Public Comments on Agenda Items The public may comment on any of the following items listed on the agenda: Communications and petitions, Reports from the Chairperson, Action Items and Information Items. (Time Limit: five (5) minutes per speaker) 4. Communications and Petitions 5. Reports from the Chairperson 6. Action Items a. Report regarding the challenge by Incumbent Councilmember Leeman to the Residency status of Beverly Marsh as it pertains to candidacy forthe 1stWard City Council Position to be elected in November 2003 7. Tabled Items 8. Information Items a. Letter from Bradley S. Whitman, Department of State, Secretary of State Bureau of Elections Office regarding `Melissa Sue Robinson, formerly Charles Edward Staelens, Jr.' name placement on the August 5, 2003 City of Lansing Odd Year Primary Election Ballot 9. Old Business 10. New Business 11. Items for the Suspension of the Rules 12. Public Comment on Non -Agenda Items (Time Limit: three (3) minutes per speaker) 13. Adjournment FILED BY: Debbie Miner, City Clerk Chairperson, Election Commission City of Lansing - Election Commission TO: Jim Smiertka, City Attorney; David Tijerina, City Assessor FROM: Debbie Miner, City Clerk, Chair of the ElectionCommission DATE: March 18, 2003 RE: Fliers currently in circulation Attached are copies of fliers received by my office on March 18, 2003. In the absence of an accompanying letter or note, I assume they were submitted by Mr. Pollard, in accordance with his statement at the Election Commission Meeting held on March 11, 2003. They appear to have been modified to reflect the changes requested at that meeting. I submit these copies for information only, and as Mr. Pollard has complied with the suggestions of the Commission, will place the fliers on file with no further action anticipated at this time. cc/ Councilmember Meyer Councilmember Smith From the desk of... Debbie Miner City Clerk City of Lansing 124 W. Michigan Ave. Lansing, MI 48933 (517) 483-4130 Fax: (517) 377-0068 (517) 483-4130 City Clerk's Office, 124 W. 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