Michigan courts halt recall vote for state Rep. Paul Scott

October 13, 2011

Lansing, Michigan: An election to recall Michigan Rep. Paul Scott (District 51) was stopped by 30th Circuit Court Judge Clinton Canady on Oct. 13.

Enough petitions were collected during the summer to put the recall election on the Nov. 8 ballot. However, when the petitions began circulating, Scott was in the midst of appealing the county board's decision to approve the language on the petitions. He argued that the recall language did not provide "sufficient clarity". Though his appeal failed, Scott sued again. This time, he claimed that the recall organizers should have waited until his appeal was settled before circulating petitions. Judge Clinton Canady denied Scott a temporary injunction on the grounds that Scott was unlikely to win his case. The judge also explained that, since Scott's appeal was unsuccessful anyway, no harm was done in circulating the petitions early. The Michigan Court of Appeals had a different opinion. In a 2-1 ruling, they decided that Scott's appeal was not necessarily likely to fail and that an injunction to stop the recall process should have been issued. They sent back the case for Judge Canady to change is ruling.

Regarding the injunction, Canady explained, "For people to vote in an election that is going to be ultimately voided, perhaps, by the court, is not in the public interest." He did, however, express concern that some people would lose confidence in the recall process.

Scott's original appeal may be decided by the Court of Appeals in time for the recall to be placed on the February ballot. Or, recall organizers could circulate new petitions. The recall organizers have announced their plan to appeal the injunction to the Supreme Court.

Celeste Bell, a Genesee County attorney, said that reprinting all of the ballots would cost $40,000. Canady ruled that the county could simply fill in the recall boxes on the ballots and that the recall sections of absentee ballots that were already sent out could be disregarded.

UPDATE: On Oct. 19, the Michigan Supreme Court, in a unanimous decision, reversed the lower court's ruling. This puts Scott's recall election back on the Nov. 8 ballot.