FERRYSBURG, Mich. — An Ottawa County judge denied a city council candidate’s request to keep his name on the November ballot at a hearing on Thursday.
A clerical error forced the Ferrysburg’ election commission to toss out the petitions for all of its mayoral and city council candidates earlier this week.
In an attempt to reverse that decision for himself, one of the nominees, William Montgomery, filed a lawsuit against the Ferrysburg clerk, Amber Schaner, and the election commission on Wednesday.
In his ruling, Judge Jon Hulsing said that regardless of Schaner’s error, Montgomery did not sign one of his petitions as a circulator, which is required under Michigan election law.
“Whether Ms. Schaner’s error is reason to preclude names from the ballot is not presently before the court,” wrote Hulsing. “Regardless, in this case, Ms. Schaner’s failure to fulfill her duties as a city clerk does not absolve Mr. Montgomery’s failure to sign the nominating petition as a circulator under Michigan’s election law.”
Hulsing added that because of Montgomery’s “fatal error” Schaner and the election commission needed to follow their legal dustier and refuse to crafty Montgomery’s candidacy.
He wrote, “The defendants have a legal duty to refuse to certify a candidate for a place on a primary election ballot, when said candidate has failed to file the required number of signatures in the form prescribed by a clear and unambiguous statute.”
After the hearing, Herman Hofman, an attorney who represents Montgomery, declined to specifically say if he would appeal the judge’s decision.
“Once again we disagree with the court’s decision here,” said Hofman. “We think the court didn’t properly apply the statute and the charter itself which governs and we’re evaluating options and we’ll decide what to do I’m sure in the coming days.”
The judge’s ruling can be read below:
