Michigan Cases June 02, 2022: Turner v. Sec'y of State

Case Description

1

Amy Ronayne Krause Sima G. Patel Judges

ORDER

Jane E. Markey, Presiding Judge

The motion for immediate consideration is GRANTED.

The complaint for mandamus and other relief is DENIED. MCL 168.558(4) requires that an affidavit of identity (AOI) "include a signed and notarized statement that as of the date of the affidavit, all statements, reports, late filing fees, and fines required of the candidate or any candidate committee . . . have been filed or paid . . . ." Pursuant to MCL 168.558(4), defendants are prohibited from certifying the name of a candidate "who executes an affidavit of identity that contains a false statement with regard to any information or statement required under this section." The complaint acknowledges that plaintiffs affidavit of identity (AOI) contained a false statement regarding the payment of fees. When the AOI was executed on February 11, 2022, an outstanding $1, 000 fee assessed in August 2021 remained unpaid. While plaintiff seeks relief on the basis that he lacked actual knowledge of the outstanding fee at the time he executed the AOI, MCL 168.558(4) does not require that the candidate have actual knowledge. To the contrary, the plain language of MCL 168.558(4) prohibits defendants from certifying plaintiff for the August 2, 2022 primary election because the AOI contained a false statement regarding the payment of fees.