Bogaert V. Land - Background

Background

Land's office had previously determined that Bogaert's petition drive to place a question on the August 5, 2008 ballot to remove Dillon from office had fallen short by 776 signatures. 2,053 signatures that Land determined to be invalid were said to be invalid solely on the basis of the circulator's out-of-district status.

The lawsuit says that MCL 198.957 is unconstitutional and therefore should be disregarded as a proper basis for invaliding these signatures. If a federal judge agrees, the signatures could be re-instated and a recall election could be called.

Since it is too late for the recall question to go on the August ballot, the petition filed by Bogaert requests that the recall action be placed on the November 4, 2008 ballot. Dillon's name is expected to be on the ballot as he seeks his final term in office in the Michigan state legislature. If this lawsuit succeeds, Dillon's name could be on the November ballot twice--once as a regular candidate and once as the subject of a recall election. In that case, if Dillon wins his re-election, he could also simultaneously be recalled from the term he is currently serving, which ends in January 2009.

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