Michigan Legislator’s Recall Blocked by State Appeals Court

On October 6, a Michigan State Court of Appeals ruled 2-1 that a recall election set for November 8 should not be held. The Court did not explain its reasoning. Ballots have already been printed. The recall was aimed at state Representative Paul H. Scott, author of a bill that passed this year making it easier to fire teachers. The teachers were the prime force behind the recall petition. The case is Scott v Director of Elections, 306155.

Scott argued that the statement on the recall petitions, explaining why he should be repealed, was untruthful. On September 12 a lower court had ruled that the recall should go ahead, and that it was not the function of a court to determine whether the statement on the petition was true or not. Scott also argued that until his lawsuit over the statement had been settled, elections officials should not have validated the petition. The petition had 11,000 signatures, and elections officials ruled that it had more than enough valid signatures.

No Michigan legislator has been recalled since 1983.


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