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STATE OF MICHIGAN
COURT OF APPEALS


MARIE DONIGAN, Plaintiff-Appellee, v OAKLAND COUNTY ELECTION COMMISSION, Defendant-Appellant.

FOR PUBLICATION May 15, 2008 9:15 a.m. No. 284909 Oakland Circuit Court LC No. 2007-087516-CZ

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Before: Fitzgerald, P.J., and Cavanagh and Donofrio, JJ. PER CURIAM. Defendant, Oakland County Election Commission, appeals by delayed application for leave to appeal granted the circuit court order granting summary disposition in favor of plaintiff, Marie Donigan, the State Representative from the 26th House District, and declaring the language of a recall petition insufficiently clear pursuant to MCL 168.952(1)(c). We reverse. Defendant received a petition seeking to recall plaintiff. The petition states the reasons for plaintiff's recall as: "Voted yes on 2007 House Bill 5194 to increase the income tax to 4.35 percent, and voted yes on 2007 House Bill 5198 to impose new 6 percent taxes on certain services." Under MCL 168.952(1)(c), a petition for the recall of an officer shall "[s]tate clearly each reason for the recall. Each reason for the recall shall be based upon the officer's conduct during his or her current term of office." The petition was submitted to defendant, MCL 168.952(2), and defendant met pursuant to MCL 168.952(3) to determine whether each reason for the recall stated in the petition is of sufficient clarity to enable the officer whose recall is sought and the electors to identify the course of conduct that is the basis for the recall. Defendant, by a divided vote, approved the petition language. Plaintiff thereafter filed the present action challenging defendant's decision. Plaintiff moved for summary disposition, arguing that the petition language is not sufficiently clear, and raising a constitutional challenge to MCL 168.23(1) and MCL 168.952.1 The circuit court

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Plaintiff argues that this matter should be remanded to the trial court to resolve the
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granted plaintiff's motion, ruling that the language in the petition is not sufficiently clear and does not satisfy the clarity requirement of MCL 168.952(1)(c) because it does not refer to the subject bills in their entirety or inform the electors of the specific vote on the bills and the specific outcome. The court opined that the petition must include "enough language to give the electors enough information about what was actually voted on to give them the ability to make an informed decision about the recall petition." Defendant argues that the circuit court erred by concluding that the language of the petition is not sufficiently clear under MCL 168.952(1)(c). This Court reviews de novo both the circuit court's decision on plaintiff's motion for summary disposition and its construction of MCL 168.952(3). Goldstone v Bloomfield Twp Pub Library, 479 Mich 554, 558; 737 NW2d 476 (2007); South Haven v Van Buren Co Bd of Comm'rs, 478 Mich 518, 525; 734 NW2d 533 (2007). The standard to be applied when reviewing the clarity of a petition for recall is set forth in Dimas v Macomb Co Election Comm, 248 Mich App 624, 627-628; 639 NW2d 850 (2001): The standard of review for clarity of recall petitions has been described as both "lenient," and "very lenient." "Thus, recall review by the courts should be very, very limited." A meticulous and detailed statement of the charges against an officeholder is not required. It is sufficient if an officeholder is apprised of the course of conduct in office that is the basis of the recall drive, so that a defense can be mounted regarding that conduct. "Where the clarity of the reasons stated in the petition is a close question, doubt should be resolved in favor of the individual formulating the petition." [Citations omitted.] "All that is required is that the reason for recall be stated with sufficient clarity `to enable the officer and electors to identify the transaction and know the charges made in connection therewith.'" Mastin v Oakland Co Elections Comm, 128 Mich App 789, 795; 341 NW2d 797 (1983), quoting Woods v Saginaw Co Clerk, 80 Mich App 596, 598-599; 264 NW2d 74 (1978). The circuit court determined that the language of the instant petition is not sufficiently clear because it does not fully explain the nature and effect of the bills at issue. This is not a basis for finding the language unclear. The language clearly states the basis for the recall: plaintiff's votes on two House bills. In challenging the language as not sufficiently clear, plaintiff seems to suggest that the way the petition language is framed in this case either untruthfully represents the bills or at least fails to provide a complete synopsis of the bills. However, "truth itself is not a consideration in determining the clarity of recall petition language." Mastin, supra at 798. The circuit court does not have authority to review petition statements for truthfulness. Meyers v Patchkowski, 216 Mich App 513, 518; 549 NW2d 602
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constitutional issue. Although this Court may address constitutional issues that the trial court did not resolve, Great Lakes Div of Nat'l Steel Corp v Ecorse, 227 Mich App 379, 426; 576 NW2d 667 (1998), we decline to address the issue at this juncture. Plaintiff is free to pursue the issue in the trial court. Further, the issue is pending before this Court in two consolidated appeals, Bogeart v Wayne Co Election Comm (Docket No. 284098), and Hett v Wayne Co Election Comm (Docket No. 284101).

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(1996). "Such a determination is a political question for the voters, not the courts." Id. See also Const 1963, art 2,

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