Michigan Cases June 02, 2022: Rocha 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." Plaintiff was assessed a late fee on February 16, 2022. When he executed his affidavit of identity (AOI) on February 18, 2022, that fee had not been paid. While plaintiff claims to have lacked actual knowledge of the late fee at the time he executed his AOI, MCL 168.558(4) does not require actual knowledge by the candidate. We also conclude that this fee was "required of the candidate," MCL 168.558(4), when it was assessed on February 16, 2022. While the due date for payment was March 18, 2022, the fee was still required of plaintiff as soon as it was assessed. We further reject plaintiffs argument that his November 29, 2021 AOI controls the analysis. Plaintiff withdrew that AOI and filed a new AOI to run for election in a different district on February 18, 2022. That February 18, 2022 AOI contained a false statement regarding the payment of fees. As such, the plain language of MCL 168.558(4) prohibits defendants from certifying plaintiff for the August 2, 2022 primary election.