Martin v. Secretary of State
Martin v. Secretary of State
Opinion of the Court
Appellants, 23rd Circuit Court Judges William F. Myles and Ronald M. Bergeron, appeal the trial court’s June 10, 2008, injunction, by which the trial court ordered the Secretary of State to accept additional nominating petition signatures on behalf of plaintiff Christopher E Martin until 4:00 p.m. on June 12, 2008, and to place Martin on the ballot as a candidate for judge of the 23rd Circuit Court if he filed sufficient valid signatures by that deadline. We affirm.
I. FACTS AND PROCEDURAL HISTORY
The facts giving rise to this appeal are not in dispute. Martin sought to run for the office of judge of the 23rd Circuit Court. MCL 168.413 establishes the requirements for nominating petitions for candidates for circuit court judges:
*419 To obtain the printing of the name of a person as a candidate for nomination for the office of judge of the circuit court upon the official nonpartisan primary ballots, there shall be filed with the secretary of state nominating petitions containing the signatures, addresses, and dates of signing of a number of qualified and registered electors residing in the judicial circuit as determined under [MCL 168.544f].... The secretary of state shall receive the nominating petitioners up to 4 p.m. of the fourteenth Tuesday preceding the primary.
MCL 168.544f imposes a graduated scale for the number of signatures required on the nominating petitions that is based on the population of the district. Before April 1, 2003, the 23rd Judicial Circuit was made up of Iosco and Oscoda counties and included one judge. 2002 PA 92 amended MCL 600.524 by restructuring the 23rd Judicial Circuit to include Alcona, Arenac, Iosco, and Oscoda counties and add one judge. With the additional counties, the 23rd Judicial Circuit has an estimated population of 65,745. Under MCL 168.544f, the minimum number of signatures required on a nominating petition for an individual seeking to be a judicial candidate for the 23rd Judicial Circuit is 200, and the maximum number of signatures on the nominating petition is 400.
MCL 600.550(1) requires the State Court Administrator’s Office (SCAO) to notify the Bureau of Elections “with respect to each new circuit judgeship authorized pursuant to this subsection.” This notice requirement is triggered when the county board of commissioners of each affected county approves the creation of the judgeship by resolution and files a copy of the resolution with SCAO. MCL 600.550(1). However, MCL 600.550a(4) eliminated the requirement of approval by the county board of commissioners for certain judicial circuits that were restructured, including the 23rd Judicial Circuit,
According to affidavits submitted by Martin, he or individuals associated with his campaign made at least two calls to the Secretary of State in April 2008 to verify the number of signatures necessary to get his name on the ballot for the position of judge of the 23rd Judicial Circuit, and on both occasions the Secretary of State informed them that Martin needed to submit between 100 to 200 signatures and that submission of more than 200 signatures was a crime. In addition, a document entitled “Filing Requirements for Non-Incumbent Judicial Candidates” contained the same inaccurate information regarding the number of signatures required for the 23rd Judicial Circuit. In his affidavit, Christopher M. Thomas, Director of the Bureau of Elections, asserted that “ [t]his publication has been posted on the Department of State’s website and sent directly to candidates.”
Plaintiffs filed this action in the circuit court on May 30, 2008, against the Secretary of State, the Director of the Bureau of Elections, and the Board of State Canvassers, requesting a temporary restraining order, a preliminary injunction, and, after a final hearing, a permanent injunction enjoining the Secretary of State from excluding Martin from the ballot. Plaintiffs also sought orders of mandamus against the Board of State Canvassers and the Secretary of State and alleged violations of plaintiffs’ First Amendment rights and the due process clauses of the United States and Michigan constitutions, negligent misrepresentation, promissory estoppel, and entrapment by estoppel. A hearing was set for June 10, 2008. On June 9, 2008, appellants filed an emergency motion to intervene, arguing that they had “an obvious interest in whether an otherwise uncontested election becomes a contested election, by virtue of the relief Martin requests in this lawsuit.”
At the June 10, 2008, hearing, the trial court considered appellants’ motion to intervene, as well as plaintiffs’ complaint. Appellants asserted that they were entitled to intervene under MCR 2.209(A)(3) and con
Appellants filed their claim of appeal on June 17, 2008, along with motions to expedite, to waive the requirements of MCR 7.209, for immediate consideration, for peremptory reversal, and for a stay. In a June 20, 2008, order, this Court granted immediate consideration and appellants’ motion to waive the requirements of MCR 7.209, but denied peremptory reversal or a stay. In a June 27, 2008, order, this Court granted the motion to expedite and directed the parties to address whether appellants are aggrieved parties within the meaning of MCR 7.203(A). Shortly thereafter, appellants filed a bypass application for leave to appeal in the Michigan Supreme Court. In an order dated July 9, 2008, our Supreme Court denied the application, but ordered this Court to issue a decision in this case no later than August 21, 2008.
II. ANALYSIS
We first address whether appellants meet the definition of “aggrieved party” under MCR 7.203(A). The concepts of standing and whether an individual is an aggrieved party are closely related. See Federated Ins Co v Oakland Co Rd Comm, 475 Mich 286, 290-291; 715 NW2d 846 (2006). Whether a party has standing is a question of law, which we review de novo. Lee v Macomb Co Bd of Comm’rs, 464 Mich 726, 734; 629 NW2d 900 (2001). “In order to have appellate standing, the party filing an appeal must be ‘aggrieved.’ ” Manuel v Gill, 481 Mich 637, 643; 753 NW2d 48 (2008); see Federated Ins Co, 475 Mich at 290-291; MCR 7.203(A).
This court “has jurisdiction of an appeal of right filed by an aggrieved party from” a final order or judgment of
“To be aggrieved, one must have some interest of a pecuniary nature in the outcome of the case, and not a mere possibility arising from some unknown and future contingency.” In re Estate of Trankla, 321 Mich 478, 482; 32 NW2d 715 (1948), citing In re Estate of Matt Miller, 274 Mich 190, 194; 264 NW 338 (1936). An aggrieved party is not one who is merely disappointed over a certain result. Rather, to have standing on appeal, a litigant must have suffered a concrete and particularized injury, as would a party plaintiff initially invoking the court’s power. The only difference is a litigant on appeal must demonstrate an injury arising from either the actions of the trial court or the appellate court judgment rather than an injury arising from the underlying facts of the case. [Federated Ins Co, 475 Mich at 291-292.]
The Supreme Court’s holding in Federated Ins Co regarding who is an aggrieved party under MCR 7.203(A) heightened the requirements to be an aggrieved party, thus rendering it more difficult for a party to invoke the jurisidiction of this Court. Before the Supreme Court decided Federated Ins Co, a litigant was an aggrieved party if the party’s legal right was invaded by an action or the party’s pecuniary interest was directly or adversely affected by a judgment or order. See In re Critchell Estate, 361 Mich 432, 448-449; 105 NW2d 417 (1960); In re Freeman Estate, 218 Mich App 151, 155; 553 NW2d 664 (1996). It was sufficient if a party had “an interest in the subject matter of the litigation.” In re Critchell Estate, 361 Mich at 448; see also In re Freeman Estate, 218 Mich App at 155. After Federated Ins Co, to be “aggrieved,” a party must have more than a mere interest in the subject matter of the proceedings below; the party “must have suffered a
Appellants argue that they have suffered a concrete and particularized injury because they must endure a contested judicial election with an opponent who has not met the statutory requirements to properly be on the ballot and this will require them to make significant financial expenditures. Clearly, appellants, as incumbent judges, have an interest in the subject matter of the litigation, because the results of such litigation would determine whether they run unopposed in the November 2008 election or face a challenger. However, we are unwilling to conclude as a matter of law that a candidate for elected office is an aggrieved party solely by virtue of being required to run for elected office in a contested election. In support of our conclusion in this regard, we note that we have previously recognized that “the definition of ‘aggrieved party’ varies according to the type of case at issue, and, consequently, the court must in each case examine the subject matter of the litigation.” Security Ins Co of Hartford v Daniels, 70 Mich App 100, 105; 245 NW2d 418 (1976). The subject matter of the instant case concerns an attempt by appellants, as incumbent judges, to keep a potential challenger off the ballot. This Court has recognized that
[t]here is a fundamental difference between actions taken to get a candidate’s name on the ballot and actions taken to prevent it from appearing. Associating for the purpose of getting a candidate’s name or a legislative proposal on the ballot is protected activity under the First Amendment; conspiring for the purpose of having it removed is not. [Deleeuw v Bd of State Canvassers, 263 Mich App 497, 504; 688 NW2d 847 (2004).]
Even if we were inclined to conclude that appellants are aggrieved parties under MCR 7.203(A), however, appellants have not satisfied the requirement of a concrete and particularized injury established by the Supreme Court in Federated Ins Co, 475 Mich at 291. At most, appellants have established the possibility of being faced with uncertain and unspecified expenditures as a result of campaigning in a contested election. According to appellants, Martin’s name on the ballot “inevitably will put [appellants] to significant expense.” Even if this is true, such undefined significant expenses do not constitute a concrete and particularized injury under Federated Ins Co because appellants have not
Appellants have not cited any caselaw from Michigan or another jurisdiction in which a court has held that being a candidate in a contested election for public office renders an individual an aggrieved party. In support of their argument that they will suffer an injury if they are forced to make financial expenditures
Appellants also argue that as citizens they have standing to ensure that the elections laws of the state of Michigan are properly enforced and that they are aggrieved parties if they are denied the opportunity to
Normally, courts require citizens to resort to the election process to vent any frustration. Election cases are special, however, because without the process of elections, citizens lack their ordinary recourse. For this reason we have found that ordinary citizens have standing to enforce the law in election cases. Moreover, we Eire not dealing with ordinary citizens here. Collectively, plaintiffs duly circulated, signed, and filed petitions that the board would now mute by its inaction. Under these circumstances, plaintiffs possessed a legally protected interest in having their valid signatures effectuate their petition to qualify the named political candidate as mandated by law. [Deleeuw, 263 Mich App at 505-506 (citations omitted).]
If there was any question, in Deleeuw we clarified that questions of standing in election cases must be considered using the standing principles outlined in Nat’l Wildlife Federation v Cleveland Cliffs Iron Co, 471 Mich 608; 684 NW2d 800 (2004). In Nat’l Wildlife, Justice MARKMAN, writing for the majority, stated:
At a minimum, standing consists of three elements:
“First, the plaintiff must have suffered an ‘injury in fact’ — an invasion of a legally protected interest which is (a) concrete and particularized, and (b) ‘actual or imminent, not “conjectural” or “hypothetical.” ’ Second, there must be a causal connection between the injury and the*429 conduct complained of — the injury has to be ‘fairly... traceable to the challenged action of the defendant, and not... the result [of] the independent action of some third party not before the court.’ Third, it must be ‘likely,’ as opposed to merely ‘speculative,’ that the injury will be ‘redressed by a favorable decision.’ ” [Id. at 628-629 (citation omitted).]
As we have observed previously in this opinion, the concepts of standing and aggrieved party are intertwined. For the same reasons that appellants did not establish that they suffered a concrete and particularized injury that rendered them aggrieved parties under MCR 7.203(A), we also conclude that they have failed to establish the first element in the standing analysis. Appellants have not suffered a legally cognizable injury by virtue of being forced to run in a contested judicial election. Additionally, we note that there is a significant factual distinction between this case and Deleeuw. In this case, appellants are attempting to prevent a candidate from appearing on the ballot, whereas in Deleeuw the plaintiffs were attempting to get an individual’s name on the ballot. As this Court sagely observed in Deleeuw, this difference is critical: “There is a fundamental difference between actions taken to get a candidate’s name on the ballot and actions taken to prevent it from appearing.” Deleeuw, 263 Mich App at 504. In sum, Deleeuw stands for the proposition that the interests of the public are better served by having the names of candidates placed on the ballot rather than by removing them.
m. CONCLUSION
We share and agree with the concerns raised by the dissent that citizens possess the right to redress grievances involving elections through our courts. We emphasize that nothing in this opinion should be con
Affirmed. No costs, a public question having been involved.
It is unclear from the record if the Bureau of Elections sent Martin this document, but Martin asserts in his affidavit that he viewed the document on the Bureau of Elections’ website.
We note that the court did not enter the order denying the motion to intervene until June 25, 2008, after appellants filed the claim of appeal. While appellants have provided this Court with that order as a supplement to their claim of appeal, they did not apply for leave to appeal that order or move this Court to amend the appeal. However, given the nature of the case, the time constraints placed on this Court, and the lack of argument from appellees on this issue, we exercise our discretion to treat appellants’ claim of appeal as an application for leave to appeal, and we grant it. See In re Investigative Subpoena re Homicide of Lance C Morton, 258 Mich App 507, 508 n 2; 671 NW2d 570 (2003).
We note that appellants have not provided any documentation to demonstrate that they have expended any funds on behalf of their reelection campaigns, nor is there any mandate that they do so.
Dissenting Opinion
(dissenting). The majority concludes that appellants are not aggrieved parties and, therefore, lack standing as Michigan citizens to intervene in the underlying election dispute in this case. I respectfully disagree. I believe that appellants were wrongfully denied their opportunity to intervene in this case, both in their capacities as private citizens and as candidates for public office. By concluding otherwise, the majority has essentially determined that Michigan citizens do not automatically have standing to ensure that the election laws of this state are properly enforced. Further, although the majority did not address the issue, I also conclude that the trial court erred when it ordered the Secretary of State to extend the filing deadline to give plaintiff Christopher E Martin the opportunity to file additional nominating petition signatures and to
First, I disagree with the trial court’s conclusion that appellants were not aggrieved parties and, therefore, lacked standing to intervene in this case. In a confusing decision, the trial court concluded that appellants attempted to intervene because they would have to campaign in a contested election if Martin was placed on the ballot, but appellants were not aggrieved parties and their status as judicial candidates was insufficient to confer standing. The majority agrees. I do not. The trial court’s conclusion that a person running for public office does not have an interest in the election or is not an aggrieved party in litigation designed to add or subtract names from the ballot is clearly erroneous. I can think of no greater aggravation as an incumbent candidate than running in a contested election and risking the loss of a job. Further, the contested or uncontested nature of an election affects the manner in which the candidate runs his campaign and affects the amount of time and money that a candidate must invest in order to run a successful campaign. If a campaign is contested, it is axiomatic that a candidate will need to spend more time and money on the election (preparing mailings and yard signs, making speeches, etc.), not only to make his candidacy more widely known, but also to highlight the differences between himself and his opponent and showcase the reasons why voters should
In addition, the trial court incorrectly focused solely on appellants’ status as judicial candidates and completely disregarded their status as voters in the district with a direct interest in the proper application of the election laws being upheld. Plaintiffs argue that appellants’ status as voters is irrelevant because they have suffered no harm that the general public did not suffer. However, this Court has recognized that “[ejection cases are special... because without the process of elections, citizens lack their ordinary recourse.” Deleeuw v Bd of State Canvassers, 263 Mich App 497, 505-506; 688 NW2d 847 (2004). Because the improper implementation of election laws affects the process by which citizens normally exercise their collective voice to uphold the status quo or effectuate change, “ordinary citizens have standing to enforce the law in election cases.”
The majority opinion, knowingly or unknowingly, creates two classes of citizens who may bring lawsuits to enforce Michigan’s election laws. The first consists of those who want to bring a lawsuit to enforce Michigan’s election laws in order to place a candidate’s name on the ballot. The second consists of those who want to bring a lawsuit to enforce Michigan’s election laws in order to deny a candidate a position on the ballot. Both classes of citizens have the same goal, i.e., to see that Michigan’s election laws are properly administered. Remarkably, the majority opinion grants standing to one class and denies standing to the other. The majority claims that this Court’s opinion in Deleeuw, supports its position, but the distinction that the majority makes in this case is not found in Deleeuw. Although Deleeuw addresses the issue of standing, it does not do so in a context similar to that found in this case. Deleeuw, supra at 502-507. Rather, the Deleeuw Court determined that a party who was not formally affiliated with an election campaign, yet was collecting signatures to get a candi
Granted, the Deleeuw Court noted that “[associating for the purpose of getting a candidate’s name or a legislative proposal on the ballot is protected activity under the First Amendment; conspiring for the purpose of having it removed is not.” Id. at 504. However, this case involves neither allegations of associating to place a candidate’s name on the ballot nor conspiring to take it off. Rather, this case commenced because plaintiffs wanted to place Martin’s name on the ballot for election to the 23rd Circuit Court, and appellants sought to intervene to ensure that election laws were properly followed. Therefore, I do not believe that Deleeuw supports the majority’s conclusion that a citizen’s standing in an election case varies depending on whether his substantive argument in support of the proper application of an election law would result in a candidate being placed on or taken off the ballot. Conversely, I conclude that all parties to this litigation have standing to ensure that the elections laws of the state of Michigan are properly enforced. To rule otherwise would discriminate against an entire class of citizens attempting to enforce our election laws.
Because the trial court determined that appellants were not aggrieved parties and did not permit them to intervene in this case, it did not consider any substantive arguments by appellants questioning the merits and propriety of its action when it decided that equity dictated permitting Martin to submit additional nominating signatures in order to be placed on the ballot as a candidate. However, because appellants should have
Notably, the majority does not address whether the trial court erred when it determined that equity dictated giving Martin the chance to appear on the ballot. Presumably, the majority determined that its conclusion that appellants lacked standing meant that it did not need to address the trial court’s substantive ruling. However, because I have concluded that appellants have standing and should have been permitted to intervene in this case, and because the majority’s affirmation of the trial court’s decision to the contrary means that a situation will not occur in which the trial court could revisit its decision to give Martin an opportunity to appear on the ballot, I believe that it is necessary to address appellants’ argument that the trial court’s ultimate decision in this case, a decision in which appellants were improperly denied a voice, was erroneous.
MCL 168.544f provides a chart detailing the number of signatures required depending on the population of the district in the last federal census and whether the petition is partisan, nonpartisan, or qualifying. The 23rd Judicial District is made up of Alcona, Arenac, Iosco, and Oscoda counties. Their respective populations in the 2000 census were 11,719, 17,269, 27,339, and 9,418 individuals, resulting in a total population of 65,745. For a population between 50,000 and 74,999, 200 to 400 signatures are required for a nonpartisan
Plaintiffs argue that Martin was placed in a Catch-22 because he had received an instruction from the Secretary of State indicating that he should file his petition with 100 to 200 signatures and was required to follow that instruction pursuant to MCL 168.931(l)(h). Thus, he either had to ignore the instruction and be subject to misdemeanor prosecution or ignore MCL 168.544f and risk not being placed on the ballot. I disagree with plaintiffs’ claim of forced duality. Even under the erroneous instruction, Martin was permitted to submit a maximum of 200 signatures. Had he done so, he would have met the minimum number of signatures necessary under the proper calculation. Thus, he could have complied with both the instruction and the proper statutory calculation.
However, moving beyond the simple math, MCL 168.931(l)(h) required Martin to “not wilfully- . . . disobey a lawful instruction or order of the secretary of state ....” Because the instruction requiring the submission of 100 to 200 signatures was contrary to the clear language of MCL 168.544f, it was not a lawful instruction, and Martin was not required to follow it. Had Martin taken the time to calculate the correct number of signatures required under MCL 168.544f, he would have been able to conclude that the instruction from the Secretary of State was erroneous and, therefore, need not be followed. If Martin had truly felt forced under these circumstances,
Plaintiffs argue that Martin “relied on the instructions and verbal confirmations and presumed that they were correct.” This argument reads as an estoppel argument, and I will treat it as such. I do not believe that estoppel is available, because caselaw only refers to estoppel against a local unit of government, see Parker v West Bloomfield Twp, 60 Mich App 583, 591; 231 NW2d 424 (1975), and defendants are officers of the state of Michigan. However, even assuming that estoppel could be applied in this situation, Martin must show not only good-faith reliance on the defendants’ conduct, but also “lack of actual knowledge or lack of the means of obtaining actual knowledge of the facts in question ....” Id. at 592 (emphasis added). Martin had access to the statutes and census information and could have properly calculated the number of signatures needed to appear on the ballot. Therefore, estoppel is not appropriate.
Although I sympathize with Martin, I must conclude that the trial court erred in applying equity in this
I would vacate the trial court’s order and affirm the decision of the Secretary of State.
I concur with the majority opinion that appellants filed an appeal as of right and that their claim should have been filed as an application for leave to file their appeal. However, because of the time constraints, and for the sake of judicial economy, we have exercised our discretion to treat appellants’ claim of appeal as an application for leave to appeal and have granted it. See In re Investigative Subpoena re Homicide of Lance C Morton, 258 Mich App 507, 508 n 2; 671 NW2d 570 (2003).
It is undisputed that appellants are not only candidates for election to the 23rd Circuit Court, but are also voters and ordinary citizens.
I note that MCR 7.203(B), which provides for jurisdiction for appeal by leave, does not include the “aggrieved party” language found in MCR 7.203(A). Thus, under a strict interpretation of the court rule, it would appear that status as an aggrieved party is not required for an appeal by leave. However, because our Supreme Court has ruled that appellate standing requires one to be aggrieved, Manuel, supra at 643-644, we must address this issue.
I say “if” because plaintiffs concede in their brief that Martin was unaware of the higher signature requirement in MCL 168.544Í at the
At oral argument, claims were made that the statute is difficult to follow. Even if that is the case, difficulty in understanding a statute does not give anyone the right to not follow it. If it did, for example, no one would ever have to pay taxes.
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