Lyons v. Bd. of State Canvassers

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George D Lyons v. Board of State Canvassers

No. 361570

Court of Appeals of Michigan

June 2, 2022

David H. Sawyer Presiding Judge, Kathleen Jansen, Christopher M Murray Judges

ORDER

The motion for immediate consideration is GRANTED.

The motion to file a reply to the answer is GRANTED and the proposed reply is accepted.

The complaint for mandamus is DENIED. To obtain mandamus relief plaintiff must show a clear legal right to the performance of the specific duty sought to be compelled and that defendants have a clear legal duty to perform those acts. Stand Up for Democracy v Secretary of State, 492 Mich 588, 618;822N.W.2d 159 (2012); O'Connell vDirector of Elections, 317 Mich.App. 82, "90-91; 694 N.W.2d 113 (2016). Plaintiff does not have a clear legal right to have his name appear on the ballot. Nominating petitions for district judge candidates "are valid only if they clearly indicate for which of the following offices the candidate is filing ... (a) An unspecified existing judgeship for which the incumbent judge is seeking election[;] (b) An unspecified existing judgeship for which the incumbent judge is not seeking election [; or] (c) A new judgeship." MCL 168.467b(2) (emphasis added). The rejected petition sheets at issue did not clearly indicate whether the position was occupied by an incumbent seeking re-election, but instead expressly misstated that required information. Plaintiffs petitions were properly deemed insufficient for the lack of facially valid signatures, so he has no right to have his name placed on the primary ballot. Plaintiffs claim...