Stories indexed with the term ‘election lawsuit’

The final tally of costs to the city of Ann Arbor in connection with the Bob Dascola election lawsuit is $35,431.75. According to Tom Wieder, attorney for Dascola, the settlement agreed to on Aug. 20, 2014 for the second phase of the lawsuit was $9,400 – to be split between the city and the state of Michigan.

The city lost both phases of the litigation, which began when the city sought to enforce city charter eligibility requirements against Dascola to prevent him from being a candidate in the Ward 3 city council Democratic primary race. The election was won by Julie Grand in a three-person field that included Samuel McMullen.

The $35,431.75 amount is the total agreed to for the initial … [Full Story]

A procedural issue related to the Ann Arbor Ward 3 city council ballot counting question has been decided by a federal court as expected: The Michigan Secretary of State has been allowed as an intervening party in the dispute.

Not necessarily expected, however, was the court’s issuance of a show cause order that requires the city of Ann Arbor to demonstrate why the city is not in contempt of court.

The court has essentially ordered the city to present an explanation for the fact that the city clerk sent out ballots to 392 absentee voters in the Aug. 5, 2014 primary that did not contain Bob Dascola’s name – after the court had earlier ruled that the city’s eligibility requirements could not be enforced against Dascola.

Both of the most recent decisions were issued by the court on July 16, 2014.

[July 16, 2014 Show Cause Order] [July 16, 2014 Order on Intervention] [.pdf of July 11, 2014 SoS motion to intervene]

The prior court ruling on May 20, 2014 had held that the city charter’s eligibility requirements are not enforceable. And the effect of that ruling was that the city was supposed to place Bob Dascola‘s name on the Ward 3 city council ballot for the Aug. 5, 2014 Democratic primary. Printed correctly on the ballots were the names of the other two candidates: Julie Grand and Samuel McMullen. [Full Story]

The Ann Arbor city election commission meets today at 3 p.m. in the city council workroom at city hall. The Chronicle plans to present a live audio broadcast of the proceedings, using the embedded live stream player below.

This meeting is a regular event in the election process, and will include the approval of the list of election workers for the Aug. 5, 2014 primary. The three-member commission consists of chief of police John Seto, city attorney Stephen Postema and city clerk Jackie Beaudry.

Possibly of more interest than the approval of the list of election workers will be an update on proceedings in the pending legal dispute over the way that some misprinted ballots might be counted. Nearly 400 misprinted ballots … [Full Story]

After winning a federal lawsuit to secure the right to be placed on the Ward 3 Ann Arbor city council Democratic primary ballot, Bob Dascola’s name was inadvertently omitted from the first wave of absentee ballots sent out to voters. The Washtenaw County clerk’s office was alerted to the problem on the morning of June 27, 2014.

Ed Golembiewski, chief deputy county clerk and elections director, spoke with The Chronicle by phone and said that corrected ballots were currently being printed and would be provided to the city clerk’s office by noon on Monday, June 30 for mailing. The exact wording of the letter to voters accompanying the corrected ballots was being worked out by the county and city clerk’s … [Full Story]

The question of fees in the successful Bob Dascola election lawsuit against the city of Ann Arbor has been settled: The city of Ann Arbor will pay Dascola’s attorney, Tom Wieder, a total of $30,731.75. That total includes attorney fees in the amount of $30,306.25 – which is the result of 93.25 hours billed at an hourly rate of $325. The remainder of that total is $425.50 – costs for filings and document retrieval from the PACER (Public Access to Court Electronic Records) system.

The settlement is reflected in a court document filed by the city of Ann Arbor on June 19, 2014.

That total reflects a reduction from a total of $37,725.50 that Wieder had sought in his motion for … [Full Story]

The motion for fees filed by Bob Dascola’s attorney in his successful election lawsuit against the city of Ann Arbor has now been filed with the federal court. The ruling of the federal court, made on May 20, 2014, was that the city charter eligibility requirements were not constitutional enforceable, which put Dascola on the Ward 3 city council Democratic primary ballot for Aug. 5, 2014.

In the June 6, 2014 filing, attorney Tom Wieder has asked that the court award him fees for 93.25 hours of work at $400 per hour for a total of $37,300. Another $425.50 in costs for filings and document retrieval from the PACER (Public Access to Court Electronic Records) system brings the total amount the city … [Full Story]

A decision handed down by federal district judge Lawrence Zatkoff on May 20 had an immediate impact on Ann Arbor city elections: Bob Dascola’s name will now appear on the Ward 3 city council Democratic primary ballot, alongside those of Julie Grand and Samuel McMullen.

Even though the immediate issue appears to be resolved, a longer-term question is still open. That’s because the result of the federal court ruling is that the city of Ann Arbor has no legally enforceable eligibility requirements for service as mayor or city councilmember.

Anyone at all is now eligible to serve – even youngsters under 18 years old, who would not even be allowed to vote for themselves in the election – just as long as they submit the minimum number of signatures on nominating petitions.

So it’s time for the council to put a charter amendment on a future ballot that would establish some sort of eligibility requirements for elected officials. The council has a choice about what kind of requirements to put on that ballot for voters to decide.

In broad strokes, I think the eligibility requirements for elected officials should pose only a minimal barrier to the ballot. It would be perfectly adequate if the requirement were something like the following: To be an eligible elected official, a person must be a registered voter in the geographic area the person seeks to represent, from the time that person files their paperwork to qualify as a candidate.

Before making a case that this is a perfectly reasonable and adequate requirement, it’s worth considering how we arrived at a place where the city now has no legally enforceable eligibility requirements for elected officials. [Full Story]

Judge Lawrence Zatkoff has ruled in an election lawsuit filed by Bob Dascola against the city of Ann Arbor that the city cannot bar Dascola from the Ward 3 city council Democratic primary ballot based on city charter eligibility requirements that were ruled null and void in the early 1970s.

From the opinion: “Plaintiff has provided compelling evidence that Defendants have used void provisions of the Charter in an attempt to preclude him from running for City Council. Further, remedies available at law would not compensate Plaintiff for his inability to run for City Council. Finally, as established above, the balance of hardships between the parties – and the public interest at large – warrant this Court enjoining Defendants from enforcing … [Full Story]

In a notice to the parties in the Bob Dascola lawsuit, federal judge Lawrence Zatkoff has indicated that the two sides have agreed to have him rule on the case without hearing oral arguments. From the notice: “… the parties have indicated a desire to forgo a hearing and allow the Court to resolve the pending motions based on the arguments presented in the parties’ briefs. As such, no hearing will be held at this time.” [.pdf of notice on oral arguments]

Dascola is seeking to join Julie Grand and Samuel McMullen as a candidate on the ballot for the Aug. 5, 2014 Democratic primary – to represent Ward 3 on the Ann Arbor city council. The city has informed him that … [Full Story]