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 offices. Updated at 5 p.m.: According to a followup email and interview with Golembiewski, the language in the letters will be based on a template that will be provided by the state Bureau of Elections. Roughly 400 ballots are being reprinted and re-mailed, Golembiewski said.

Dascola’s name will appear on the corrected ballot, along with those of Julie Grand and Samuel McMullen. In-person voting for the primary will take place on Aug. 5.

Golembiewski indicated that if a voter has already mailed in an incorrect ballot and subsequently mails in the corrected ballot, then their vote on the corrected ballot will be the one that is counted. Clerk’s staff is still reviewing how the scenario will be evaluated if a voter mails in only an incorrect ballot – marked with a vote for Grand or McMullen, or with a write-in vote for Dascola.  Updated at 5 p.m.: According to a followup email and interview with Golembiewski, the state of Michigan’s Bureau of Elections has 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 email from Michigan Dept. of State confirming procedures for handling this situation]

Golembiewski estimated the ballpark cost of reprinting the ballots at around $3,000. Updated at 5 p.m.: According to a followup interview with Golembiewski, the county’s third-party ballot programmer, Government Business Systems (GBS), has expressed some openness to helping to pay for the cost of reprinting ballots. All ballots for Ward 3 will need to be reprinted, including those that were to be used for in-person voting on Election Day.

Golembiewski noted that there’s “a ton of proofing” that goes into checking the ballots. The omission of Dascola’s name stemmed from an extended chain of events that ultimately resulted in the incorrect ballots being sent out.

Dascola’s name was initially not included in the information provided to the county’s third-party ballot programmer – Government Business Systems (GBS). But when a federal court ruling was made last month on May 20, 2014, that the city charter’s eligibility requirements were not enforceable, the new Ward 3 candidate slate – including Dascola – was provided to GBS. Proofs of the ballots were then sent to the county clerk and the city clerk as well as to the candidates. Those proofs included Dascola’s name – so the ballots survived those checks.

Then, a change to the ballots was requested by the city of Ypsilanti – to remove city council races from Ypsilanti ballots where there was not a contested race. This is a city charter provision – that when there’s not more than one candidate for a primary race, it’s not included on the ballot. But instead of removing the Ypsilanti council races, GBS removed the city of Ann Arbor council races. The proofing process identified that error. But in restoring the Ann Arbor city council races to the ballot, GBS reverted to the initial slate – which did not include Dascola’s name.

At that point, Golembiewski said, the mistake was missed – by him and by the county election commission, which consists of the county clerk (Larry Kestenbaum), county treasurer (Catherine McClary) and the chief probate judge (Darlene O’Brien). A resident who received the incorrect ballot identified the error.

When the clerk’s office was notified on the morning of June 27, Golembiewski said he immediately focused on getting the mistake corrected.

Currently, the $50 fee is charged if applicants want to waive the statutory three-day marriage license waiting period. The resolution passed on Feb. 19 allows the county clerk, consulting with the county administrator, to establish a ”fee holiday” on the day preceding a period during which the office’s vital records division would be closed for four or more days, or when an unusual number of marriage license applicants are expected to appear. During a “fee holiday,” the charge for immediately processing a marriage license would be 1 cent.

County clerk/register of deed Larry Kestenbaum told commissioners that last year, he had publicly stated his intent to waive marriage license fees when there was an expectation that a federal judge would strike down Michigan’s ban on same-sex marriages. Kestenbaum said his authority to do that was subsequently challenged, and he wanted to address that in part through this resolution. State law requires that a fee set by the county board must be charged.

Martinez-Kratz objected to the change, saying that fees should be applied equally to all applicants – whatever the amount. He also didn’t think the criteria for applying the waiver was clear.

According to a staff memo, waivers of the waiting period are requested between 5-15 times each month. Without a waiver, marriage licenses cost $20 per couple for Michigan residents, and $30 per couple for out-of-state residents – but the marriage must occur within Washtenaw County. More information is available on the county’s website.

This brief was filed from the boardroom of the county administration building at 220 N. Main St. in Ann Arbor. A more detailed report will follow: [link]

The change involves creating a full-time administrative coordinator position from a job that’s currently part-time (a 0.64 full-time equivalent position). The total cost for that full-time position is estimated at $56,902 – or an additional $15,631 in general fund support. It’s expected that a decrease in the need for temporary workers will help offset the payroll increase, as will a projected surplus in license and permit revenue. According to a staff memo, that revenue is expected to exceed projections by at least $33,824.

Until mid-2008, the office had 5 full-time employees (FTEs) in the elections and administration division, which handles passport applications and concealed pistol licenses (CPL). The economic downturn and subsequent restructuring dropped staffing levels to 3.64 FTE positions.

CPL applications increased 140% between 2009 to 2012, to an average 2,091 applications per year compared to 870 in 2009. This year is expected to set a record for CPL applications. For the first quarter of 2013 there were 1,168 applications, compared to 540 in the first quarter of 2012. [.pdf of application data from 2004-2013] [.pdf of approved licenses from 2008-2013]

If the total number of applications in 2013 reaches projections of at least 3,225, that will generate revenue of $83,824 to the general fund – above the original 2013 budget amount of $50,000.

In addition, on Aug. 7 commissioners gave final approval to shift support for one full-time position in the clerk/register of deeds office back into the general fund, at a cost of $56,117. That position – a records management specialist – is currently funded by revenues from the office’s “automation fund.” Until 2008, that position was paid for out of the general fund.

The automation fund pays for digitizing the county’s land records from 1824 through 1958, which are currently available only on paper. The goal is to relocate the paper records and clear out space in the lower level of 200 N. Main Street, as part of the county’s “space plan.” Digitization will also allow the public to search quickly and retrieve county records electronically, which will generate usage revenues for the general fund. Revenues for online usage increased from about $220,000 in 2010 to about $323,000 in 2012.

According to a staff memo, the number of documents recorded by the county clerk/register of deeds office has increased from fewer than 53,000 documents in 2008 to more than 85,000 documents expected in 2013. Revenues from the office to the general fund have grown from $2.248 million in 2011 to $3.198 million in 2012. Those revenues are expected to continue growing as the local real estate market recovers.

The staffing request had received initial approval at the board’s July 10, 2013 meeting. At that time, commissioner Dan Smith (R-District 2) had pointed out that this is the third time in 2013 that the board has been asked to approve an increase in staffing. In isolation, each increase makes sense, he said. But as the headcount changes over time, it’s troubling. County clerk Larry Kestenbaum responded, saying: “This doesn’t change headcount at all.”

This brief was filed from the boardroom of the county administration building at 220 N. Main St. in Ann Arbor. A more detailed report will follow: : [link]

The change involves creating a full-time administrative coordinator position from a job that’s currently part-time (an 0.64 full-time equivalent position). The total cost for that full-time position is estimated at $56,902 – or an additional $15,631 in general fund support. It’s expected that a decrease in the need for temporary workers will help offset the payroll increase, as will a projected surplus in license and permit revenue. According to a staff memo, that revenue is expected to exceed projections by at least $33,824.

Until mid-2008, the office had 5 full-time employees (FTEs) in the elections and administration division, which handles passport applications and concealed pistol licenses (CPL). The economic downturn and subsequent restructuring dropped staffing levels to 3.64 FTE positions.

CPL applications increased 140% between 2009 to 2012, to an average 2,091 applications per year compared to 870 in 2009. This year is expected to set a record for CPL applications. For the first quarter of 2013 there were 1,168 applications, compared to 540 in the first quarter of 2012. [.pdf of application data from 2004-2013] [.pdf of approved licenses from 2008-2013]

If the total number of applications in 2013 reaches projections of at least 3,225, then that will generate revenue of $83,824 to the general fund – above the original 2013 budget amount of $50,000.

In addition, on July 10 commissioners gave initial approval to shift support for one full-time position in the clerk/register of deeds office back into the general fund, at a cost of $56,117. That position – a records management specialist – is currently funded by revenues from the office’s “automation fund.” Until 2008, that position was paid for out of the general fund.

The automation fund pays for digitizing the county’s land records from 1824 through 1958, which are currently available only on paper. The goal is to relocate the paper records and clear out space in the lower level of 200 N. Main Street, as part of the county’s “space plan.” Digitization will also allow the public to quickly search and retrieve county records electronically, which will generate usage revenues for the general fund. Revenues for online usage increased from about $220,000 in 2010 to about $323,000 in 2012.

According to a staff memo, the number of documents recorded by the county clerk/register of deeds office has increased from fewer than 53,000 documents in 2008 to more than 85,000 documents expected in 2013. Revenues from the office to the general fund have grown from $2.248 million in 2011 to $3.198 million in 2012. Those revenues are expected to continue growing as the local real estate market recovers.

During the meeting, commissioner Dan Smith (R-District 2) pointed out that this is the third time in 2013 that the board has been asked to approve an increase in staffing. In isolation, each increase makes sense, he said. But as the headcount changes over time, it’s troubling. County clerk Larry Kestenbaum responded, saying: “This doesn’t change headcount at all.”

This brief was filed from the boardroom of the county administration building at 220 N. Main St. in Ann Arbor. A more detailed report will follow: [link]

Democrat Larry Kestenbaum is the current Washtenaw County clerk/register of deeds. The Ann Arbor resident faces Republican challenger Stan Watson on Nov. 6. Citing illness, Watson did not attend the Oct. 8 candidate forum. (Photos by the writer.)

The Republican candidate, Stan Watson of Ann Arbor, did not attend the event. League president Nancy Schewe, who moderated the forum, reported that Watson wasn’t feeling well and had sent his apologies. In these situations, the league invokes its “empty chair” policy and allows the candidate who attended to answer questions.

So in a brief session lasting about 15 minutes, Kestenbaum fielded six questions, including some on voter fraud, election reform and county redistricting.

Information about both Kestenbaum and Watson, including brief answers to four questions about their background and approach to the job, can be found on the League of Women Voters Vote 411 website. Kestenbaum also has a campaign website. The clerk/register of deeds is elected to a four-year term.

The Oct. 8 candidate forum was held at the studios of Community Television Network, and will be available online via CTN’s video-on-demand service. It was the last of three forums on Monday evening. Others covered the races for county treasurer and water resources commissioner. The full schedule of candidate forums this week is on the league’s website. The forums are broadcast live on CTN’s Channel 19 starting at 7 p.m.

Oct. 9 is the last day to register to vote for the Tuesday, Nov. 6 general election. Information on voter registration can be found on the Washtenaw County clerk’s elections division website. To see a sample ballot for your precinct, visit the Secretary of State’s website. The league’s Vote411.org website also includes a range of information on national, state and local candidates and ballot issues, and a “build my ballot” feature.

The broadcast portion of the Oct. 8 county clerk’s candidate forum was brief, and began at 9 p.m. But Kestenbaum had arrived nearly two hours earlier, soon after the evening’s other candidate forums started. He chatted with other candidates and organizers, and brought two books to read while he waited: “Democracy & Populism” by John Lukacs, and J. K. Rowling’s “Casual Vacancy.”

Opening Statement

Kestenbaum was given one minute for his opening statement. Thanking the organizers, he noted that this is the first League of Women Voters forum that he has participated in as county clerk. When he first ran for the position in 2004, there was no forum held for this office. In 2008, he ran unopposed. [He was also unopposed in this year's Aug. 7 Democratic primary election.] He said he loves this job. It involves many things he’s deeply interested in and fascinated by, and that he’s worked on for many years. He thanked the citizens of the county for electing him in the first place, and hoped that they would re-elect him on Nov. 6.

Experience

What professional experiences preceded your run for office, and what was the most significant in preparing you for this job?

Kestenbaum mused that he gets to reinterpret his whole life as preparation for this position, starting when he was researching land records as a teenager. From 1983-88 he served as an Ingham County commissioner. [Lansing, the state's capital, is located in Ingham County.] From 2000 to 2002 he was a commissioner in Washtenaw County. In Ingham County, he chaired the personnel committee for two years. He also chaired a committee that was a liaison with the county clerk and register of deeds – because there, the jobs were held by two different people. Kestenbaum explained that under Michigan’s constitution, every county must have a clerk and a register of deeds, though the two jobs can be merged into one position, as is the case in Washtenaw County.

He noted that he’s only one of two county clerk’s in Michigan who is also an attorney. Kestenbaum also cited his extensive experience in election law, and in writing articles and giving lectures on issues in election administration.

Purpose for Running

Why are you running for office, and why should citizens give you their vote? What distinguishes you as the best candidate?

Kestenbaum said he has successfully run the clerk/register of deeds office for nearly eight years, and has accomplished a lot. It’s been a great experience for him, and he has an excellent staff, he said. With budget cuts over the years, the office has downsized to 38 employees, compared to 50 when he was first elected in 2004. Yet they’ve been able to continue to provide excellent customer service, he said. That’s central to everything they do, he added – to treat all customers with courtesy and respect “no matter how challenging they may be as an individual.” They’ve implemented improvements in technology, he said, and now solicit feedback from customers about their performance.

Larry Kestenbaum, Democratic incumbent for the Washtenaw County clerk/register of deeds office, arrived early for the Oct. 8 candidate forum. While he waited, he spent part of the time reading ”Democracy & Populism” by John Lukacs.

Duties of the Job

Explain the responsibilities of the clerk/register of deeds.

These are two separate jobs, Kestenbaum said. The register of deeds is in charge of recording land records of all kinds – like mortgages and deeds – for all properties in the county, Kestenbaum explained. The office must maintain those public records in perpetuity. The entire land economy relies on those records being public and establishing chain of title, he saiad. For the clerk’s office, the most important responsibility relates to vital records: recording and registering deaths, births and marriages. He noted that the Washington Post once wrote that the clerk’s office is where the basic passages of life are made real through paperwork. He’s also the chief election official for the county, in charge of campaign finance reporting, concealed weapons permits, and certain court records.

Voter Registration Reform

What changes would you like to see in the current voter registration system?

Kestenbaum noted that he’s served as co-chair of the legislative committee for the Michigan Association of County Clerks, working with legislators in Lansing on election law and clerk-related issues. He believes election day registration will ultimately be allowed – and it already works well in a number of other states, he said. Early voting is another issue, he said. Now, if you want to vote early, you have to swear to a reason for needing an absentee ballot, such as being out of the community. As a result, there’s more “rigmarole” than needed, he said. If someone wants to vote absentee, they should be allowed to do that. What happens now is almost the equivalent of early voting, he said, with people showing up at the clerk’s office to vote absentee.

Voter Fraud

Is voter fraud a problem in Washtenaw County? What are your preferred methods of controlling voter fraud, if there is any?

Kestenbaum doesn’t believe voter fraud is a problem in Michigan. The election system has evolved over the last 100-plus years in ways to improve security, he said. It’s not foolproof, but it’s very, very good, and certainly would prevent anyone from stealing an election through fraud. Historically, he said, the most vulnerable part of an election has been in the tabulation of votes. As a result, tabulation now takes place in the precincts and results are posted there for the public to see. That means there’s no room for making changes further along in the process, he said.

County Redistricting

Are you willing to make the county redistricting process more open to public input and participation the next time it’s done?

By way of background, the redistricting process for the county board of commissioners occurs every 10 years, based on population changes determined by the U.S. census. It’s handled by the county apportionment commission, a five-member group consisting of the county clerk, county treasurer, county prosecuting attorney, and the chairs of the county Republican and Democratic parties. The process took place most recently in 2011 and the commission was chaired by Kestenbaum.

The commission held several public meetings and public hearings. For most of the process, only two plans had been offered: one for 9 districts, another for 12. However, just hours before the group’s final meeting on May 11, 2011, several new plans were submitted for consideration. In total, the commission considered 11 plans – for 5, 6, 8, 9, 10, 11, 12, and 21 districts. During public commentary at the final meeting, one resident expressed shock at seeing so many new plans on the day of the final vote. The redistricting plan that was eventually adopted at that meeting received a unanimous vote, but the lone Republican on the commission – Mark Boonstra – complained about the process. For additional background, see Chronicle coverage: “County Board Loses 2 Seats in Redistricting.”

In response to the question at the Oct. 8 forum, Kestenbaum said he felt the process had been open during the most recent redistricting. All of the meetings were public, he noted, and public hearings were held in different parts of the county to improve access. The commission invited redistricting plans from the public, and the final 9-district plan was adopted unanimously, he said, so he felt it was a successful process. He said he’s certainly open to ways to improve the process, but he thought they did very well.

Closing Statement

Kestenbaum was given two minutes for a closing statement. He reiterated that he loves the job. It combines all kinds of things he’s interested in – elections, preservation of historic records, genealogy, customer service. People expect excellent customer service, he said. They have a right to expect that. This county has one of the most highly educated populations in the nation, and he’s proud to serve as a county official.

He said his philosophy toward elections is that they should be participatory and inclusive. Among other things, he said, he has pushed to move the primary election from August to May. That’s because in many cases the primary election is critical – it shouldn’t be held in the middle of the summer vacation season, when many voters are away. Holding it in May would improve turnout, and also spread the work of election officials across the year. With August primaries, there’s a severe time pressure to get absentee ballots for the general election to residents who are overseas, he said.

Kestenbaum also mentioned a partnership his office has worked out with the circuit court to consolidate the administration of court employees. He concluded by asking citizens to consider voting for him on Nov. 6.

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According to the clerk’s staff, the disparity was due to a problem with merging the data for in-person ballots and absentee ballots for precincts in Ypsilanti Township and Scio Pittsfield Township. Affected races include the judicial race and the race for water resource commissioner, between Evan Pratt and Harry Bentz. Staff are working to correct the problem before the results are officially canvassed, which starts on Thursday, Aug. 9.

The numbers on the county clerk’s election result website are clearly indicated as “unofficial” results. The glitch illustrates why that disclaimer is part of the boilerplate for the webpage text.

Update 5:30 p.m.: Results are now displaying accurately. 

According to a staff memo, county clerks in Michigan are permitted to record military discharge certificates for veterans. Those certificates – called DD-214s – are bulky and can’t be carried around easily. A veteran’s ID card would serve the same purpose, allowing veterans to show more easily a proof of service – to take advantage of discounts for veterans offered by businesses. The memo notes that $10 photo IDs are currently offered in Livingston, Oakland and Macomb counties.

The $10 fee would cover the cost of printing the card, which would be handled by the clerk’s vital records division. Start-up costs are estimated at $100. The county clerk/register of deeds office is located at 200 N. Main in downtown Ann Arbor.

This brief was filed from the boardroom of the county administration building at 220 N. Main in Ann Arbor. A more detailed report will follow: [link]

The decision came after the state Bureau of Elections indicated late Friday afternoon that a determination made by county clerk Larry Kestenbaum earlier in the week was inappropriate. Ed Golembiewski, chief deputy county clerk and elections director, told The Chronicle on Saturday that Borregard had been apprised of the situation, and will be officially informed in writing on Monday, when his name will be removed from the list of candidates on the county’s election website.

Republican Dan Smith, shown here chairing the May 16 meeting of the Washtenaw County board's ways & means committee, represents District 2 on the board of commissioners. He will be the only candidate on the ballot in District 2 for the Aug. 7 primary. (Photo by the writer.)

Borregard, a Dexter resident, had originally filed to run in District 1, which is the current district in which he resides. However, because of redistricting that takes effect for the upcoming election, his home will be located in the new District 2. Shortly after the 4 p.m. filing deadline on Tuesday, May 15, the county clerk’s office was alerted to this error by Kent Martinez-Kratz, a Democrat who’s running in District 1 against incumbent Republican Rob Turner. Acting to correct what he deemed a clerical error, Kestenbaum, a Democrat, approved an amendment to Borregard’s paperwork to allow him to appear on the District 2 ballot.

On Friday afternoon at 2 p.m., Kestenbaum told The Chronicle that he had talked with the county’s corporation counsel [Curtis Hedger] earlier in the week, as well as to staff in the state Bureau of Elections, and that he was comfortable that the change was within his authority to make. He said it was important not to create barriers to running for office. “There’s no trickery here,” he said.

Later that afternoon, Secretary of State spokesman Fred Woodhams told The Chronicle that staff were reviewing the situation and would potentially weigh on in it early next week. The Bureau of Elections is a division of the office of Secretary of State, a position held by Republican Ruth Johnson.

But just a few minutes before 5 p.m. on Friday, an official from the Bureau of Elections contacted the county clerk’s office, according to Golembiewski. The state’s view is that it was not appropriate to accept changes to the filing after the 4 p.m. deadline. As a result, Borregard’s name will not appear on the ballot. Kestenbaum left town Friday afternoon to attend an out-of-state funeral over the weekend and could not be reached. Golembiewski said that Kestenbaum had previously indicated he would abide by the state Bureau of Elections decision.

Borregard, who ran for county commissioner in 2010 but was defeated in the Democratic primary, has the option of challenging the decision in court. He could also choose to run as an independent in the Nov. 6 general election – the filing deadline for candidates who are not affiliated with a political party is July 19 at 4 p.m.

In another county board race, two Ypsilanti Township candidates who had previously filed to run for the commissioner seat in District 5 – Rick Roe and Michael White – have withdrawn from that Aug. 7 primary race. The deadline to withdraw was 4 p.m. Friday, May 18. That leaves incumbent Democrat Rolland Sizemore Jr. unchallenged in the primary.

For a list of county candidates in the Aug. 7 primary election, see Chronicle coverage: “Last Minute Filings: Washtenaw County Races.”

District 2 Ballot

Eric Borregard filed his affidavit to become a Democratic candidate for the Washtenaw County board of commissioners on March 8, 2012. He has run for office several times in the past, most recently in 2010 for the District 1 county board seat. In that race, he lost in the three-way August primary to Adam Zemke, earning 15.06% of the vote compared to 69.98% for Zemke and 14.69% for the other Democratic candidate, Reid McCarthy. Zemke was subsequently defeated by Republican Rob Turner in the general election.

When candidates file their paperwork to run for office, the county clerk’s staff checks to confirm the accuracy of information submitted by candidates by using the Michigan Qualified Voter File, a database maintained by the state. Initially, county clerk Larry Kestenbaum told The Chronicle that the day after Borregard filed for the 2012 election, the clerk’s staff checked the QVF and found that it listed Borregard as a resident of District 1. Kestenbaum explained this by saying that the state had not yet updated the QVF to reflect the new county districts.

But on Friday night, Ed Golembiewski, chief deputy county clerk and elections director, told The Chronicle that the state disputed that claim and that the QVF had been updated by the time that Borregard had filed in March. Golembiewski said he checked the county’s records again on Friday night and found that, in fact, the QVF had been updated at the time of Borregard’s original filing. It now appears that the candidate filed to run in the incorrect district, and the county clerk’s staff didn’t catch the error when reviewing Borregard’s paperwork.

The error came to the attention of the clerk’s staff a few minutes after the 4 p.m. filing deadline on Tuesday, May 15, when Kent Martinez-Kratz, the only other Democrat running in District 1, contacted the clerk’s office. At that point, Kestenbaum decided to offer Borregard the opportunity to amend his affidavit to reflect the correct district – District 2. Borregard submitted that amendment at 5:22 p.m. on May 15, more than an hour after the filing deadline.

Dan Smith, who was first elected in 2010 for a term beginning in January 2011, is unopposed in the Republican primary. And other than Borregard, no other Democratic candidates filed in District 2. Kestenbaum reported that Smith had inquired about the timeline of events regarding Borregard’s filing, and on Thursday, May 17 the county clerk’s staff prepared a written timeline at Smith’s request. [.pdf of timeline from clerk's office]

In an interview with The Chronicle early Friday afternoon, May 18, Kestenbaum said that he had consulted with the county’s corporation counsel and staff at the state Bureau of Elections, and “as far as I’m concerned, it’s settled.” Borregard filed in a timely matter, and filed in the district he believed was correct – and the clerk’s staff had confirmed that information, Kestenbaum said. He said it wasn’t the candidate’s fault that the QVF hadn’t been updated. [At the time of his conversation with The Chronicle, Kestenbaum asserted that the QVF had not been up to date.]

Kestenbaum said his general philosophy is to err on the side of letting people run for office so that voters can decide, and not create barriers to getting on the ballot. He noted that there was a special election on May 8 based on the current districts for the county board, while at the same time candidates were filing for races in the new districts. [Democrat Felicia Brabec won that May 8 election against Republican Richard Conn – a special election prompted by last year's resignation of former commissioner Kristin Judge.]

Regardless, Kestenbaum said, his office should have checked the candidates’ addresses against a map of the new county board districts, but they didn’t. Borregard relied on confirmation by the clerk’s office that his filing was accurate, Kestenbaum said.

[By way of background, Kestenbaum – a former county commissioner who represented one of Ann Arbor's districts – chaired the county apportionment commission, which developed and approved the county board redistricting plan in May of 2011. Other members of the apportionment commission were county treasurer Catherine McClary; county prosecuting attorney Brian Mackie; Cleveland Chandler, chair of the Washtenaw County Democratic Party; and Mark Boonstra, then-chair of the Washtenaw County Republican Committee. See Chronicle coverage: "County Board Loses 2 Seats in Redistricting."]

Redistricting occurs every 10 years, in connection with the U.S. Census. So it would be rare for confusion about the district boundaries to arise in connection with candidate filings. Kestenbaum characterized it as a clerical error, and did not recall encountering any similar cases for this type of race.

Before the state weighed in, Kestenbaum had said that if Smith was aggrieved by the decision to include Borregard on the District 2 ballot, he had the option of filing a lawsuit in the 22nd Circuit Court. Now, Borregard would have that same option. Kestenbaum was uncertain whether there is a deadline by which such a filing would need to occur. Golembiewski noted that the ballots will be approved by the county board of election commissioners, which meets on June 11.

Kestenbaum, as county clerk, also serves on the board of election commissioners. Other members are the county treasurer (McClary) and Donald Shelton, chief judge of the 22nd Circuit Court. Kestenbaum and McClary were elected clerk and treasurer as Democrats, and are both running for re-election this year. Shelton was elected judge on a non-partisan ballot, but in the past has run for office as a Democrat. This group is also responsible for ruling on the clarity of ballot language for recall petitions, for example.

Ballots for the Aug. 7 primary elections will begin to be created as early as next week. The county contracts with Government Business Systems (GBS) to do its ballot programming.

Borregard also has the option to run as an independent in the Nov. 6 general election – the filing deadline for candidates who are not affiliated with a political party is July 19 at 4 p.m.

When asked about the partisan implications of this situation, Kestenbaum said he would have done the exact same thing if Borregard had been a Republican. “In fact, I wish it were a Republican,” he added, so that the partisan question would be irrelevant. He said he detests political considerations being a factor in what goes on the ballot, citing his disagreement with a recent decision by the state Board of State Canvassers as an example. That board denied approving petitions to put a repeal of the state’s emergency manager law on the ballot because the petitions weren’t circulated with the font size required by law. That decision is being appealed.

In a phone conversation with The Chronicle on Friday afternoon before the state weighed in, Smith had said he wasn’t prepared to make a statement on the issue. He had planned to talk with people about it over the weekend at the Republican state convention in Detroit – Smith is a delegate from Precinct 3 in Northfield Township.

Update: Late Sunday night, May 20, Dan Smith emailed this statement to The Chronicle: “Mr. Kestenbaum has jeopardized the transparency and integrity of the Clerk’s office; undermining the hard work of the dedicated public servants under his supervision. However, a detailed accounting at this time would do little to advance the concerns of those in the 2nd district. My focus remains on the residents of Washtenaw County: providing for their public safety needs, being accountable for their tax dollars, and ensuring the long-term financial stability of their government.”