Kallman part of effort to strike down early voting plan proposal
OTTAWA COUNTY — While the Ottawa County Board of Commissioners considered approval of an early voting plan, paving the way for a coordinated effort across 23 municipalities, the attorneys who head the county's corporate legal counsel were preparing to nullify the very laws that inspired the plan in the first place.
On Thursday, Sept. 28, 11 state Republican lawmakers filed a lawsuit in the U.S. District Court for the Western District of Michigan, claiming two separate voter-approved constitutional amendments in 2018 and 2022 violate legislators' civil rights.
The lawsuit argues Proposal 3 of 2018 and Proposal 2 of 2022 "are an unconstitutional usurpation of state legislator’s (sic) rights to participate in law-making decisions under the Elections Clause" of the U.S. Constitution.
The lawsuit seeks a declaratory judgment that the amendments have no legal effect on the ability of state legislators enacting laws, subject to the governor’s veto power, to regulate the times, places and manner of federal elections.
The lawmakers listed in the suit include several founders and supporters of Michigan's Grand New Party, a far-right off-shoot of the traditional Grand Old Party. The plaintiffs include:
Sen. Jonathan Lindsey of Coldwater
Sen. Jim Runestad of White Lake
Rep. Steve Carra of Three Rivers
Rep. James DeSana of Carleton
Rep. Joseph Fox of Fremont
Rep. Neil Friske of Charlevoix
Rep. Matt Maddock of Milford
Rep. Brad Paquette of Niles
Rep. Angela Rigas of Caledonia
Rep. Joshua Schriver of Oxford
Rep. Rachelle Smit of Shelbyville
The lawyers leading the effort include Erick Kaardal, a Minnesota attorney who unsuccessfully challenged the results of the 2020 election in Wisconsin, and David and Stephen Kallman of Kallman Legal Group, hired by Ottawa County as corporate counsel earlier this year.
Proposal 3 of 2018, which won 67 percent approval from voters, allows for no-reason absentee voting in Michigan and restored straight-party voting on ballots, a choice the previously GOP-controlled legislature took away, according to The Detroit News. Proposal 2 of 2022 allows for early in-person voting and passed with 60 percent support.
Prop 2 requires nine days of early voting be available for state and federal elections beginning in 2024. Municipalities may partner to create early voting centers for multiple regions, rather than financing their own.
More: Ottawa County approves early voting agreement with amendments
Ottawa County commissioners gave the plan an initial green light during a finance committee meeting Sept. 5. The item was set to return for final approval Sept. 12, but Ottawa Impact founder and Board Chair Joe Moss said he "had concerns" that warranted further review.
Ottawa Impact is a group of far-right fundamentalists created after school mask mandates led to controversy during the COVID-19 pandemic.
During the finance meeting, Moss attempted to amend the early voting plan agreement to give county commissioners final approval of where the centers would be. County Clerk Justin Roebuck said, according to state statute, only the county's election commission can approve locations. Moss withdrew the motion.
Several local clerks pleaded with the full board on Sept. 12 to approve the plan. Without it, they said, municipalities could've incurred tens of thousands of dollars in additional costs.
The plan was approved Sept. 26, with a handful of amendments added by Moss and Vice Chair Sylvia Rhodea. Two days later, the federal lawsuit was filed.
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The litigation attempts to capitalize on the so-called "independent state legislature theory," which was largely struck down by the U.S. Supreme Court in June as it applies to court rulings on election law, according to The News. The theory contends state and federal constitutions give lawmakers absolute power over rules governing federal elections.
The lawsuit argues the new case differs because it challenges the encroachment of the citizen-led petition process on legislative rights, not the encroachment of the judicial branch.
Friske made local headlines earlier this summer when Ottawa County Administrator John Gibbs hired his former aide, Jordan Epperson, as county executive aide. Epperson also worked as a part-time aide for Maddock.
Maddock's wife, Meshawn, is one of 16 charged for allegedly acting as a false elector.
Epperson is also linked to Joel Studebaker, former chair of the Ottawa County GOP, who left the position weeks later to become chief of staff for MIGOP Chair Kristina Karamo. She was nominated for the role by Moss.
— Sarah Leach is executive editor for The Holland Sentinel. Contact her at sarah.leach@hollandsentinel.com. Follow her on Twitter @SentinelLeach.
This article originally appeared on The Holland Sentinel: Kallman part of effort to strike down early voting plan proposal
