Shelby Twp. Supervisor Challenges Recall Petitions

Shelby Township Supervisor Rick Stathakis is challenging that were filed against him.

Stathakis claims the nearly 7,600 signatures turned into the Macomb County Elections Commission were turned in two days late, and therefore are invalid.

Petitioners turned the signatures in on May 23. The language on the petition, which was approved in November, was only valid for 180 days, so petitioners were to turn in the signatures needed on May 21, but they were told the deadline was extended to the May 23 because the cutoff date fell on a weekend.

"So essentially, the petitions were turned in with language that had already expired.  The Petitions are invalid," said Stathakis in a letter he sent to Macomb County Clerk Carmella Sabaugh challenging the petitions.

In the letter, Stathakis states that he has talked to representatives in the Clerk's Office and the Secretary of State, and he had been told that Michigan Law 168.13, which states that filers have an extra business day to file formal documents if the deadline falls on a weekend or a holiday, is invalid in this case because a 180-day deadline is not a filing deadline.

"Even if the people challenging the signatures spoke with someone from your office (County Clerk) and were told it would be OK to turn the petitions in on May 23, 2011, that does not change the status of the law," said Stathakis in the letter.

"Language approved by Macomb County Election Commission on November 22, 2010). Per M.C.L. 168.13, petitions may be filed Monday, May 23, 2011 by 4:30 p.m." said Macomb County Chief Elections Clerk Roger Cardamone in a statement to Patch.

A spokesperson for the Secretary of State told Patch he cannot comment on the status of Stathakis' request as it will most likely move through the court system next.

The Elections Commission had 35 days from when the petitions were filed to verify whether the signatures are sufficient for the recall question to appear on the November ballot. Afterward, the signatures will be forwarded to Shelby Township Clerk Terri Kowal for voter registration verification.

Stathakis had 30 days from when the petitions were filed to challenge the signers.

Stathakis and Treasurer Paul Viar are being recalled for their votes to allow Shelby Woods North to convert more than half of its planned units to apartments from condominiums, and to rezone property at 24 Mile and Schoenherr roads from residential to offices.

"The only reason listed on the petition for removing me from office is a zoning issue but its pretty clear that’s not the real agenda," said Stathakis.

"According to our tally, 80 percent of the signatures on the petition were collected by police officers and Nightingale Towing family members and casual workers hired from cities such as Detroit, Troy and Warren," said Stathakis.

Petitioners have until June 12 to turn in recall signatures against Viar. However, since that too falls on a weekend, petitions may be filed Monday, June 13 by 4:30 p.m., according to Cardamone.

“This recall effort is the direct result of the citizens of Shelby Township trying to do the greater good for the community and restore integrity and trust back to the board of trustees, which represents us and the citizens of Shelby Township,” said Nick Nightingale.

Nightingale said he plans on asking Stathakis to step down at the next Board of Trustees meeting.