Adams Township clerk’s attorney speaks on recall issue

Stephanie Lambert, a Detroit-based attorney hired to represent Adams Township Clerk Stephanie Scott amidst concerning allegations of tampering with election equipment, has concerns with the recall issue taken up by Adams Township resident Gail McClanahan in the latest development in the ongoing saga that started in October 2021.

The Hillsdale County Board of Election Commissioners recently approved recall language in McClanahan’s bid to recall Township Supervisor Mark Nichols and Scott.

But Lambert does not believe Hillsdale County Clerk Marney Kast, who sits on the board of election commissioners, should have weighed in on the recall matter as Kast and her office have been involved in the ongoing saga since the beginning of it and is named in a recent civil lawsuit filed by Scott.

“It’s my opinion Kast has a personal interest in the recall,” Lambert said.

Lambert said the lawsuit was filed for “unconstitutionally usurping/invading the powers and duties of Scott in her capacity as the Adams Township clerk, a constitutional office.”

“Scott was elected to serve Adams Township as township clerk and has always acted in accordance with her duties and responsibilities imposed upon her by law on behalf of citizens who elected her,” Lambert said. “Scott always followed the law and refused to violate her oath of office. Scott insisted state and federal laws were followed concerning retention of election data.”

Lambert went on to say that Kast “acted in concert, without authority, and prevented Scott from performing her duties as township clerk and unconstitutionally and unlawfully confiscated property, documents and election data and equipment from Scott.”

Secretary of State Jocelyn Benson is named in Scott’s civil suit as a co-defendant of Kast.

Benson’s office formally stripped Scott of her duties in administering elections in Adams Township in the fall of 2021, stating that Scott — a Trump supporter elected in the fall of 2020 — did not allow preventative maintenance on voting equipment and stated in emails that she was unwilling to complete required certifications of Public Accuracy Testing of voting machines.

“Scott was directed by the SOS to perform an early update which Scott said would wipe data she was to maintain pursuant to election data laws,” Lambert said. “She was then told by the SOS that there is no election data on a tabulator which is false and Scott has an expert opinion from Ben Cotton proving that it does contain election data which would be wiped with an update.”

The controversy that sparked last year escalated when Scott was given until Oct. 27, 2021, to turn over the township’s ballot tabulator after it was discovered the tablet sized device was missing. She did not comply with the demand resulting in the Michigan State Police obtaining a search warrant to seize the device from the Adams Township Hall in early November 2021.

The Hillsdale County Clerk’s office — who has been charged with fulfilling Scott’s obligations in administering elections in Adams Township — later seized other election materials from the Adams Township Hall out of security concerns.

In the recall filed against Nichols, McClanahan stated that on Feb. 14 Nichols voted against spending $5,500 for a new ballot tabulator to replace the equipment seized by the Michigan State Police as part of a “criminal investigation” last fall.

Scott joined Nichols in voting against purchasing the equipment, but the three others on the Adams Township board voted in favor of the purchase.

Nichols has publicly supported Scott’s actions stating that he felt Scott was following the law in what she had done by safeguarding Adams Township voting equipment and materials.

With the recall language approved, McClanahan must now canvass for petition signatures from voters in Adams Township to garner support for the recall.

The Adams Township Hall was subjected to a search warrant in November 2021 by the Michigan State Police to search for missing voting equipment.
The Adams Township Hall was subjected to a search warrant in November 2021 by the Michigan State Police to search for missing voting equipment.

This article originally appeared on Hillsdale Daily News: Adams Township clerk’s attorney speaks on recall issue