By Ben Solis
Gongwer News Services
Justices of the Supreme Court on Thursday denied an application to bypass the Court of Appeals in a lawsuit seeking mandamus relief over a recall election that was scheduled for the November 5 contest.
The lawsuit, Biggs-Leavy v. Benson, was dismissed by Court of Claims Judge James Redford in late October, with defendant Secretary of State Jocelyn Benson and Elections Director Jonathan Brater awarded summary disposition.
Beverly Biggs-Leavy, the plaintiff, alleged that the Bureau of Elections essentially nullified the recall effort of deceased Flint 3rd Ward Councilman Quincy Murphy, who died in September after the recall election was called earlier this year.
Biggs-Leavy filed the recall petition that led to the effort getting on the ballot and became a candidate for the office shortly thereafter. The recall was scheduled for the November 5 general election.
Her lawsuit filed in the Court of Claims alleged that following Murphy's death, the Bureau of Elections on October 3 sent Flint Clerk Davina Donahue a letter stating that, per Michigan Election Law, a planned recall election should not be held if the target resigns after the effort is officially placed on the ballot.
Redford ruled Benson and Brater should not have been compelled to take a different course after the state determined the pending results of a recall election for Flint's 3rd Ward city council seat should not be counted because the incumbent died months earlier.
The plaintiff sought bypass from the Supreme Court, meaning it would go directly to the bench for consideration before the Court of Appeals.
Justices unanimously granted immediate consideration but denied the request, noting that the question should be reviewed by the appellate court first.
Gongwer News Services
Justices of the Supreme Court on Thursday denied an application to bypass the Court of Appeals in a lawsuit seeking mandamus relief over a recall election that was scheduled for the November 5 contest.
The lawsuit, Biggs-Leavy v. Benson, was dismissed by Court of Claims Judge James Redford in late October, with defendant Secretary of State Jocelyn Benson and Elections Director Jonathan Brater awarded summary disposition.
Beverly Biggs-Leavy, the plaintiff, alleged that the Bureau of Elections essentially nullified the recall effort of deceased Flint 3rd Ward Councilman Quincy Murphy, who died in September after the recall election was called earlier this year.
Biggs-Leavy filed the recall petition that led to the effort getting on the ballot and became a candidate for the office shortly thereafter. The recall was scheduled for the November 5 general election.
Her lawsuit filed in the Court of Claims alleged that following Murphy's death, the Bureau of Elections on October 3 sent Flint Clerk Davina Donahue a letter stating that, per Michigan Election Law, a planned recall election should not be held if the target resigns after the effort is officially placed on the ballot.
Redford ruled Benson and Brater should not have been compelled to take a different course after the state determined the pending results of a recall election for Flint's 3rd Ward city council seat should not be counted because the incumbent died months earlier.
The plaintiff sought bypass from the Supreme Court, meaning it would go directly to the bench for consideration before the Court of Appeals.
Justices unanimously granted immediate consideration but denied the request, noting that the question should be reviewed by the appellate court first.
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