Stories indexed with the term ‘Samuel McMullen’

The results of city council Democratic primary elections held in the city of Ann Arbor on Aug. 5 can fairly be considered determinative of Nov. 4 election outcomes – because no Republicans or independents filed petitions to qualify for the ballot.

November will see at least three newcomers to the 11-member council – Kirk Westphal in Ward 2, Julie Grand in Ward 3, and Graydon Krapohl in Ward 4. Westphal and Grand won their respective Democratic primaries that featured no incumbents. Both candidates were coming off unsuccessful council campaigns last year – against Jane Lumm (Ward 2) and Stephen Kunselman (Ward 3), respectively.

Westphal received 1,819 votes (59%) to Nancy Kaplan’s 1,261 (41%) in a race that was anticipated to be somewhat closer. Grand received 1,516 votes (51.1%) compared to Bob Dascola’s 794 (26.8%) and Samuel McMullen’s 616 (20.8%). That gave a decisive result to a Ward 3 race that had been fraught with legal disputes – about Dascola’s eligibility to appear on the ballot in the first place; and then about how to count misprinted absentee ballots, which omitted Dascola’s name.

Krapohl’s race did not even appear on the Aug. 5 ballot – because he was unopposed in the Democratic primary and no Republican qualified for the ballot. The omission of the race from the ballot under those conditions is stipulated in a clause of the city charter.

Krapohl will be filling the seat to which Democrat Margie Teall did not seek re-election. Westphal will almost certainly be filling the Ward 2 seat that Sally Petersen left to pursue an unsuccessful mayoral campaign. And Grand will almost certainly be elected to fill the seat vacated by Christopher Taylor, who ran a successful campaign for mayor.

Taylor, who’s currently a councilmember representing Ward 3, will be the Democratic nominee in the Nov. 4 general election against independent Bryan Kelly. Assuming Taylor does prevail, he will remain on the council as mayor. And among the 10 councilmembers who represent one of the five wards, he’ll almost certainly see a total of seven returning faces, including the two incumbents who prevailed in the Aug. 5 primaries.

That’s because those two incumbents, like the new Democratic council nominees, will also be unopposed on the November ballot. First-term Ward 1 councilmember Sumi Kailasapathy prevailed over Don Adams, who was seeking elected office for the first time. Kailasapathy received 1,113 votes (56.8%) compared to 840 (42.8%) for Adams.

And first-term Ward 5 councilmember Chuck Warpehoski prevailed over Leon Bryson, who had announced he was withdrawing from the race after the deadline to remove his name from the ballot. Bryson still collected 674 votes (18.6%), but Warpehoski’s total was 2,936 (81%).

Those three newcomers and two incumbents will join the five councilmembers who are currently in the middle of their two-year terms: Jane Lumm (Ward 2), Jack Eaton (Ward 4) and Mike Anglin (Ward 5) – as well as Sabra Briere (Ward 1) and Stephen Kunselman (Ward 3), who were unsuccessful in their mayoral bids.

Below are some maps illustrating the geographic distribution of votes in the three actively contested city council races, as well as some limited analysis of the Ward 2 race in terms of questions that were part of a pre-election poll conducted by Public Policy Polling. [Full Story]

According to reports filed with the Washtenaw County clerk’s office, seven Ann Arbor city council candidates in three contested Democratic primary races on Aug. 5, 2014 have raised a total of $57,877 in itemized cash contributions.

That’s about $100,000 less than the amount raised by four candidates in the mayoral primary. The filing deadline for pre-primary reports was July 25.

In Ward 4, incumbent Democrat Margie Teall is not seeking re-election and only one candidate is running – Graydon Krapohl. So he did not need to file campaign finance reports. In Ward 5, Leon Bryson announced several weeks ago that he was withdrawing from his challenge of first-term incumbent Chuck Warpehoski. Even though both Ward 5 candidates filed campaign finance reports, this article does not analyze them.

Accounting for more than half of the total amount raised in the other three wards were the two candidates in Ward 2: Kirk Westphal and Nancy Kaplan. Kaplan’s $16,314 was easily more than any other candidate. By way of comparison to recent Ward 2 races, for the pre-primary campaign period in 2011 and 2013 Jane Lumm raised about $19,000 and $20,000 in those respective years. Westphal raised $12,420 this year, which is about $2,000 more than he raised during the comparable period in his unsuccessful 2013 campaign against Lumm. Westphal and Kaplan are competing for the Ward 2 seat currently held by Sally Petersen. She decided to run for mayor instead of seeking re-election to the Ward 2 seat.

This year’s Ward 3 contest features Julie Grand, Bob Dascola and Samuel McMullen, who are all competing for the seat that Christopher Taylor is leaving in order to run for mayor. Among the three, Dascola raised the most money with $7,385 in contributions compared to $6,595 for Grand and $5,248 for McMullen. (McMullen’s campaign reported a total of $5,315 in itemized contributions, but The Chronicle’s calculation was for $67 less than that, based on the documents.) Grand’s total this year is significantly less than the $10,825 she raised in the comparable period in 2013 for her unsuccessful campaign against Stephen Kunselman.

The Ward 1 race features one-term incumbent Sumi Kailasapathy and Don Adams. Kailasapathy raised $5,345 compared to $4,570 for Adams. Kailasapathy’s amount this year is about $1,000 more than what she raised during the pre-primary period for the 2012 primary, which she won against Eric Sturgis.

While the raw totals provide some insight into how the campaigns are being financed, there’s more to it than that.

Here’s a read-only link to the Google spreadsheet used by The Chronicle to generate charts and maps: [2014 Council Campaign Finance: Ann Arbor] For readers who’d like full-sized versions of the maps embedded below, here’s a link to the Google Fusion tables: [2014 Council Campaign Finance Maps]

Below we present charts and maps to illustrate the distribution of donations by amount and geography. [Full Story]

The city of Ann Arbor has responded to a show cause order from federal judge Lawrence Zatkoff by giving arguments that the city should not be found in contempt of court – for sending out nearly 400 absentee ballots that omitted the name of one of the candidates in the Ward 3 Democratic primary. [July 23, 2014 city of Ann Arbor response to Show Cause Order]

Last week the court had essentially ordered the city to present an explanation for the fact that the city clerk sent out 392 absentee ballots for the Aug. 5, 2014 primary election that did not contain Bob Dascola’s name – after the court had earlier ruled that the city’s eligibility requirements could not be … [Full Story]

In a ruling from federal judge Lawrence Zatkoff, the city of Ann Arbor has been ordered not to count votes in the Ward 3 city council primary race that were cast on misprinted absentee ballots – which omitted the name of one of the candidates. The order was issued on July 22, 2014. [.pdf of July 22, 2014 order]

The ruling makes clear that votes in races other than the Ward 3 city council race can be counted from the misprinted ballots. In-person voting takes place on Aug. 5, 2014.

That ruling came in response to a motion filed by Ward 3 candidate Bob Dascola’s attorney, Tom Wieder, on  July 7, 2014, asking that the city be enjoined from counting votes in … [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]

The Ann Arbor Democratic Party is hosting a forum for city council candidates this morning, July 12, from 9:30 a.m. to 12 p.m. at the Ann Arbor Community Center at 625 North Main Street.

The Chronicle plans to broadcast live audio from the event. A live-stream audio player is included below. [Updated: The live stream audio player has been replaced with a set of .mp3 audio files from the event.]

Primary elections take place on Tuesday, Aug. 5, 2014.

All candidates who have qualified for partisan primary ballots are Democrats. No Republicans have filed in any ward. In Wards 1, 2 and 3, the Democratic primary is contested.

The Ward 1 race features one-term incumbent Sumi Kailasapathy and Don Adams, who is seeking elected office for the first time. [Ward 1 Candidate Forum: CTN Broadcast]

The Ward 2 city council race features current chair of the city planning commission, Kirk Westphal, and current trustee on the Ann Arbor District Library board, Nancy Kaplan. [Ward 2 Candidate Forum: CTN Broadcast]

This year’s Ward 3 contest features Julie Grand, Bob Dascola and Samuel McMullen, who are all competing for the seat that Christopher Taylor is leaving in order to run for mayor. [Ward 3 Candidate Forum: CTN Broadcast]

Ward 4 does not offer a contested race. Graydon Krapohl, a Democrat who is currently vice chair of the park advisory commission, is the only person who has qualified for the ballot.

The race in Ward 5 is also uncontested, practically speaking. Leon Bryson, who will appear on the Democratic primary ballot, has announced that he’s withdrawn his candidacy and won’t campaign for the seat. That means that one-term incumbent Chuck Warpehoski is almost certain to prevail in the primary.

Listen to the broadcast from the July 12 forum using the audio player below.  [Full Story]

The League of Women Voters of the Ann Arbor Area is hosting candidate forums for the Aug. 5, 2014 primary elections, as it does every year for local races.

This year’s Ward 3 contest features Julie Grand, Bob Dascola and Samuel McMullen.

Grand is a lecturer in public health policy at the University of Michigan Dearborn, and former chair of the city’s park advisory commission. She fell about 60 votes short of prevailing in last year’s primary against Stephen Kunselman.

Dascola owns a downtown barbershop. He filed a successful lawsuit to be placed on the ballot this year.

McMullen is a University of Michigan sophomore, who graduated from Rudolf Steiner High School in Ann Arbor.

The scheduled broadcast start time on CTN is at 9 p.m. today (July 8) and can be viewed as a live video stream in the embedded player below.

CTN has pre-recorded some comments from candidates in all races. [link to CTN video-on-demand for council candidate comments ]

And the League of Women Voters provides written candidate profiles with responses to questions on its Vote411.org website. [Ward 3 Vote411.org profiles]

If you’re not sure whether you’re registered to vote or you’re not sure which ward you live in, Michigan’s Secretary of State website offers an easy way to check.

If you don’t think you’ll be able to make it to the polls on Aug. 5, an application to receive an absentee ballot can be downloaded from the city clerk’s website. [.pdf of absentee ballot application form]

Completed applications can be mailed or hand delivered to the clerk’s office on the second floor of city hall, 301 E. Huron St., Ann Arbor, MI 48104.

The applications can also be scanned and emailed to cityclerk@a2gov.org.

Watch the Ward 3 candidate forum below. [Full Story]

Update: No decision was made by the city election commission today. The city attorney will be filing a response to Wieder’s motion that does not take a position on the question, but will ask the court to decide. The two sides have agreed to ask the court for an expedited ruling. We’ll get an update on Tuesday, July 15, when the election commission next meets.

At 11 a.m. today, July 8, the Ann Arbor city election commission will meet to discuss the question of how to count votes that are cast in the Ward 3 Democratic primary. In-person voting for the election takes place on Aug. 5, 2014. But the point in dispute concerns ballots that were printed incorrectly and sent to absentee voters.

To listen live to the commission’s discussion, use the audio player below. After the meeting, The Chronicle will make an audio recording available in place of the live-stream player.

The question of counting votes has arisen because the ballots for the race were initially printed incorrectly, omitting the name of one of the candidates. Printed correctly on the ballots were Julie Grand and Samuel McMullen. However, Bob Dascola – who had filed a successful lawsuit against the city in order to be a candidate – was mistakenly left off the ballots.

About 400 of those incorrect ballots were sent to absentee voters. The city has taken steps to attempt to rectify the situation, sending replacement ballots with instructions to those voters who received incorrect ballots. For background on the series of events that led to the incorrect printing of ballots, see “Dascola Mistakenly Left Off Ward 3 Ballot.”

Dascola’s attorney, Tom Wieder, filed a motion in federal court on July 7, asking that the city be enjoined from counting votes in the Ward 3 race that were cast on incorrectly printed ballots. [.pdf of July 7, 2014 motion] [.pdf of July 7, 2014 exhibit] That motion was filed as a request for post-judgment relief in the federal case that was litigated to put Dascola’s name on the ballot in the first place. In that ruling, the court decided that the city charter eligibility requirements are not enforceable. Related to that, the city council is beginning to contemplate the steps necessary to make a change to those eligibility requirements.

The ballot counting situation has been complicated by the fact that the Michigan Dept. of State reversed its own position on the matter. On Friday, June 27, the Michigan Dept. of State had indicated that if someone mails in only the incorrect ballot, then their Ward 3 vote on the incorrect ballot should not be counted; their votes in other races, however, should be counted. [.pdf of June 27, 2014 email from Michigan Dept. of State] But by Monday, June 30, the Michigan Dept. of State had reached a different conclusion. That new conclusion was this: If a voter submits only an incorrect ballot, then their vote in the Ward 3 race will count. [.pdf of June 30, 2014 email from the Michigan Dept. of State]

The Ann Arbor city council held a closed session during its regular July 7 meeting that could have included discussion of the Ward 3 ballot-counting issue. Because it involves pending litigation, the topic is eligible to be discussed in a closed session held under Michigan’s Open Meetings Act. It’s possible that the election commission might also vote to go into closed session to discuss the issue.

Two key questions that might be addressed by the city election commission are: (1) Does the State Bureau of Elections have binding authority to direct the city election commission on the question of how the ballots are to be counted? and (2) What is the legal basis of the BoE’s conclusion that Ward 3 votes can be counted from ballots that did not include Dascola’s name as a choice?

Under the city charter, the city election commission consists of the city clerk, who serves as chair (Jackie Beaudry), the city attorney (Stephen Postema), and the chief of police (John Seto). The city charter states that the election commission should settle questions about election procedures: “In any case of doubt concerning election procedure, the Election Commission shall prescribe the procedure to be followed.” [Full Story]

In connection with the Aug. 5, 2014 Democratic primary elections for Ann Arbor city council, a disagreement emerged last week over how to count votes cast with incorrectly printed absentee ballots for the Ward 3 race. And that disagreement has now resulted in a motion filed in federal court.

The motion, filed by candidate Bob Dascola’s attorney Tom Wieder, asks the court to permanently enjoin the city from counting votes in the Ward 3 race that are cast on incorrectly printed ballots if they are not replaced with corrected ballots. [.pdf of July 7, 2014 exhibit] [.pdf of July 7, 2014 motion]

The disagreement stems from incorrectly printed ballots, 400 of which were sent to Ward 3 absentee voters. Printed correctly … [Full Story]

In the Aug. 5 Democratic primary elections for Ann Arbor city council, a possible disagreement might be emerging over how to count absentee ballots that were incorrectly printed for the Ward 3 race. Appearing correctly on the printed ballots were Julie Grand and Samuel McMullen. However, Bob Dascola – who had filed a successful lawsuit against the city in order to be a candidate – was mistakenly left off the ballots.

The incorrectly printed ballots were sent out to about 400 absentee voters last week. But on Monday, June 30, replacement ballots and a letter of instructions were sent, telling voters about the printing error. Voters who have not yet voted were told in the city’s letter that they should destroy … [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 Democratic primary ballot for the Ward 3 Ann Arbor city council race will now include Bob Dascola, in addition to Julie Grand and Samuel McMullen. That’s the result of a ruling from federal district judge Lawrence Zatkoff – in a lawsuit filed by Dascola against the city of Ann Arbor: 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.

At issue were city charter durational requirements on voter registration and residency – that require city councilmembers to be registered to vote in the city and to be a resident of the ward they want to represent for at least a year prior to taking office.

Dascola contended he met the residency requirement, but conceded that he fell short of the voter registration requirement. He did not register to vote in the city until Jan. 15, 2014. Dascola submitted sufficient signatures to qualify, so the impact of the ruling is that Dascola will appear on the Ward 3 ballot.

Dascola was represented in the case by local attorney Tom Wieder.

Both of the Ann Arbor city charter requirements were ruled unconstitutional, null and void in federal cases from the early 1970s. But the city of Ann Arbor sought to enforce those charter requirements against Dascola based on subsequent decisions on eligibility requirements in other jurisdictions in the intervening period. Those included an Ann Arbor case in 2002 (Wojack v. City of Ann Arbor) that resulted in a finding by the local state circuit court upholding the residency requirement. But that finding came only after Republican Scott Wojack was allowed on the Ward 1 city council ballot – a race he did not win. Wojack’s attorney was Tom Wieder.

Based on subsequent case law and a shifted standard of judicial review, one-year durational requirements of the kind that the Ann Arbor city charter includes would almost certainly be found constitutional, if the 1970s cases were to be litigated today. But the May 20, 2014 ruling by Zatkoff found Dascola’s argument convincing: That in order for the city to enforce the charter requirements – which had been found unconstitutional, null and void in separate rulings in 1971 – it would have needed to re-enact those requirements.

From the opinion: “Plaintiff [Dascola] has provided compelling evidence that Defendants [the city of Ann Arbor] 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 a void law when the City has failed to re-enact that law.” [Dascola v. City of A2: Opinion] [Dascola v. City of A2: Judgment]

That means all the Aug. 5, 2014 ballots for partisan primaries for Ann Arbor mayor and city council are finally set. On the non-partisan side, Bryan Kelly took out petitions for city council in Ward 1, but was informed by the city that he did not meet the charter’s durational eligibility requirements. The ruling on the Dascola case would clear the way for Kelly to run. And as an independent, he’d have until July 17 to submit signatures. But in responding to an emailed Chronicle query, he indicated that he’s content with the representation of Ward 1 on the city council, saying they are “good people,” and he is no longer contemplating running at this time.

The city does have the option to appeal the ruling, but council sources indicate that is not probable. More likely is that the council would vote to place a charter amendment on the ballot this fall so that voters could ratify some set of eligibility requirements. The May 20 ruling from Zatkoff permanently enjoins the city from enforcing either of the former charter requirements prior to re-enacting them.

The background of the case and a review of the opinion are presented below, as well as the complete set of briefings from the case. [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]

The 4 p.m. deadline for filing petitions to appear on the ballot in Ann Arbor’s city primary elections passed today with no surprises, but a bit of suspense. All candidates who took out petitions and intended to file them did so and the clerk’s office was able to verify sufficient signatures for all candidates. The primary elections will be held on Aug. 5, 2014.

Council candidates must collect 100 signatures from voters registered in the ward they seek to represent. Mayoral candidates need 50 signatures from each of the city’s five wards.

All candidates who filed petitions are Democrats. No Republicans took out petitions. Only one race is uncontested – in Ward 4.

Here’s a quick listing of candidates for city office. Mayor: Sabra Briere, Stephen Kunselman, Sally Petersen, Christopher Taylor. Ward 1: Sumi Kailasapathy, Don Adams, Jr. Ward 2: Nancy Kaplan, Kirk Westphal. Ward 3: Julie Grand, Samuel McMullen and possibly Bob Dascola. Ward 4: Graydon Krapohl. Ward 5: Chuck Warpehoski, Leon Bryson.

The minor suspense stemmed from the fact that McMullen had fallen eight signatures short with his initial filing. But he handed in 17 supplemental signatures on April 22, about a half hour before the deadline. Those signatures gave him more than the 100 total he needed.

One independent, Bryan Kelly, took out petitions in Ward 1 – but he’s been informed by the city clerk’s office that he does not meet the one-year residency and voter registration requirements in the city charter. Kelly might become eligible, depending on the outcome of a pending lawsuit that’s been filed against the city by a would-be Ward 3 candidate, Bob Dascola.

Dascola has submitted sufficient signatures to qualify for the ballot, but has also been informed that he does not meet the charter requirements on one-year residency and voter registration. The U.S. District Court is handling the case on an expedited schedule, so the matter is likely be settled before ballots are finalized in June.

As an independent, Kelly would have until July 17 to file petitions to appear on the November ballot.

Brief snapshot descriptions of all candidates except for those in Ward 1, based largely on their own remarks or campaign website descriptions, are presented in this report. [Editor's note: We've elected instead to add Ward 1 candidate information to this article, instead of creating a separate file.] [Full Story]

Ann Arbor city clerk records show that Samuel McMullen took out petitions on April 3 to contest the Ward 3 city council Democratic primary on Aug. 5. The University of Michigan student joins Julie Grand and Bob Dascola as the third candidate to take out petitions for the Ward 3 primary.

According to Ann Arbor city clerk Jackie Beaudry, McMullen meets the city charter’s one-year durational residency and voter registration requirements – through his voter registration indicating an address on East University Avenue in Ward 3, which dates from October 2013.

Those charter requirements have become a point of contention for Dascola’s candidacy. The city clerk’s office has informed Dascola that he’s not eligible to run because he doesn’t meet the city’s one-year … [Full Story]