After a round of bad press for the TCAPS recall group, Judge Elsenheimer of the 13th Circuit Court has now ruled that the recall petitions were timely after all. The recall group is now ready to begin collecting signatures in the coming months.
It was the Grand Traverse Election Commission that asked Elsenheimer to revisit the decision. Elsenheimer originally said that Michigan law didn’t allow a recall petition to be filed before one year into a trustee’s term. However, the law is that the recall language can be approved at any time after six months. It’s just the petition itself that can’t happen until after one year.
This is exactly as I explained on January 16 in Judge Elsenheimer Threw Out the TCAPS Recall Petitions: Was He Right? Go to that article to read about MCL 168.952b, which is the law that applies. ***insert smug, I-was-right face***
At least this time Elsenheimer admitted he was wrong instead of digging in and setting up time-wasting appeals. Even though the community has had justice delayed and justice denied because of the incorrect ruling, the recall organizers are set up to pursue the recalls now.
Kit Tholen kissed some Elsenheimer butt with this Record Eagle soundbite: “I know Judge Elsenheimer works hard to get the correct outcome.” Thanks, Kit. Profound.
The Record Eagle wasn’t able to connect with Kelly, Anderson or Forton for comment, otherwise Matt Anderson would have reminded us that he was duly elected in the first place, and Pamela Forton would say that this is just people who have an axe to grind for no reason at all. So we can all just imagine those comments and move on.
The TCAPS recall group has a few procedural issues to work through – which version of the recall petitions to use (pro tip from the Inman recall effort: double check for missing words), and they need a clear timeline for what deadlines will be. The group says they plan to collect signatures in May.
We look forward to sharing information on how members of the public can sign the petition and participate in the signature collection process.