Michigan Cases June 03, 2022: Anders v. Sec'y of State

Case Description

1

LC No. 22-000057-MM

Stephen L. Borrello Michael J. Kelly Judges

ORDER

Michael F. Gadola Presiding Judge

Pursuant to MCR 7.216(C)(7), we AFFIRM the May 27, 2022 and June 1, 2022 orders of the Court of Claims. With regard to plaintiffs challenge to the sufficiency of Janice Winfrey's affidavit of identity (AOI), the Court of Claims correctly determined that the failure of the notary to fill in the line stating the county in which she was acting was not fatal to the AOI itself. Sullivan v Hall, 86 Mich. 7, 12-13; 48 N.W. 646 (1891) (explaining that the failure of a notary to include the "designation of the county" is not fatal to a notary's certificate, as a notary may "act in any part of the state . . . ."). See also Wise v Yunker, 223 Mich. 203, 206-207; 193 N.W.2d 890 (1923); and Keyes v Hare, 360 Mich. 610, 618; 104 N.W.2d 781 (1960). With regard to plaintiffs challenge to the candidacy of Shanelle Jackson, the record presented to the Court of Claims established that Jackson resolved all outstanding issues concerning fees and campaign statements, and that her prior campaign committee was dissolved, before she executed her AOI. Thus, and as the Court of Claims correctly explained, plaintiff failed to demonstrate that Jackson's AOI contained a false statement in violation of MCL 168.558(4).

This order is to have immediate effect. MCR 7.215(F)(2). This is our final judgment in this matter, see MCR 7.215(E)(1), and this Court thus retains no further jurisdiction.