ROUGH NOTES
I interviewed Attorney Lubkin at 10;50 pm 09/14/10.
The judge said to the litigants. " Did you run a sample I gave you instruction to get some one to draw a sample and get to work on it. Lubkin stated the citizens committee had hired from Wayne State University Dr, Shinki a PHD. His job was to select a universe of nhs coded signatures that were rejected by the clerks. NHS were signatures that did not match the signature on file in the clerks office. Dr. Shinki drew sample of 736 in sample. To th irritation of the judge the clerks came into court and said the had a need for larger sample. They brought an expert to say so. This expert was a friend of theirs named Gulliand. The Judge asked the clerks how large of a sample did you run the clerks said none. The judge said the citizens sample of 20 was better that none.Inez Brown sat in the stand. She said she used the 8 codes in the state brochure, she testified, ..sec allowed the entry of new code verbally with no record. Lupkin said he was faced with clerk testimony where the statndards can't determined, he said all the invented codes were rouge codes and stealth codes because no one new their meaning. etc... Lupkin then reviewed codes and problems ...ditto marks and numbers were confused, ...there was no constancy in how the clerks did their job... Mike Carr was to appear he showed up in the back of the room, and at 2 pm Carr left the court .. Gilbreath had testified he has a taped a conversation with carr saying the recall will never happen, it was tape recorded and was given to attorney general, Carr never responded to the challenges of Mike Gilbreath, The citizens put on the stand two people that actually signed the petitions and their signature was rejected.3 elements in dispute [1]3300 struck improperly [2]536 in sample universe only 510 needed, [3]plus duplicate signatures, for 30 years she had always allowed the first of as duplicate but was ordered by Carr to not do that this year. court took under advisement the duplicates, the judge is reviewing the codes, or if he accepts the sampling that puts the effort over the top...it can be temporary or permanent is up to the judge.. he was annoyed Pete Bade never spoke up...Bade even missed at hearing ...Bade spoke up and the end and the judge said "you talk" to Bade, judge says at end defendant Carr delayed a lot ,
The clerks misled the judge sazying the ballot deadline was Friday earlier and to day saying it was Tuesday.
Carr never took the stand and let the searing comments against him the day prior...
Clerks 5 attorneys on their side
Hodge of Miller Canfield said he had a high school reunion and could not participate over weekend
Judge ask if the firm of Miller Canfield and Paddock was a sole proprietorship,
Was this petition check rigged…we hope not…if anything we hope it was only negligence.. If the judge rules in favor of the recall circulators… rhre must be accountability.
The lack of standards has to be devastating…
PRIOR ARTICLE
As we watch the events unfold in Detroit tomorrow in the court room of Federal Judge Tarnow Keep in mind it’s the people work being done.
The Clerks representing the neutral competence required in the administration of our elections and legal challenges to its results through the citizens right to recall are in one corner.
The Citizens represent the importance of the individual voter. are in the other corner.
Here a group of regular citizens not seeking the office only representing those dissatisfied with an election office holder in a flagrant act of democracy signed their name to a petition.
The citizens are not to be measured by the volunteer organizers, some would call a disorganized rag tagged lot. The Citizens must be measure by the thousands of people who signed these petitions. Some one has to step forward and do it to create the language, print, organize and circulate petitions. Possibly it is logical that the most angry of us not the most skilled will wrap themselves in this robe of democracy. The test is the quality of the signatures not the political characteristics of the organizers. Citizens signed these petitions and they demand in this democracy that their voice be heard.
DISCLAIMER you can skip this part: This is a blog, I have an opinion, a position and a reputation I place on the line. I am personally against recall initiatives meaning I have never signed a recall petition or voted to recall an incumbent I plan to continue this position. I am personally for the application of neutral competence and transparency in the conduct of election officials . These official are the gatekeepers of democracy. To me it is more important for all valid signatures to be used to tally whether a magic number is reached to force the vote. This Clerk accountability is more important than the question of the recall itself. When the validity of a signature is in question it is for the court to decide. Finally it is rough duty to protect the rights of all of us by representing the recall committee. F. Anthony Lubkin the Citizens attorney has earned my respect for his efforts. I will not second guess the court.END DISCLAIMER
The citizens committee is , from the court case caption DAVID DAVENPORT, author of Recall Language, and Volunteer for COMMITTEE TO RECALL DAYNE WALLING, and DAN PARKS, in his capacity as Committee Chairman CRAIG SMITH, in his capacity as Committee Treasurer. ALEX HARRIS. in his capacity as its Committee Vice-Chairman, will argue for and declare victory tomorrow in federal court. Their position with the sample directed to be take by the court they have enough valid signatures.
The clerks MICHAEL CARR, Genesee County Clerk and INEZ BROWN, Flint City Clerk will argue they dod not. The Attorney for the Citizens is F. Anthony Lubkin. The attorney for the clerks are Clint City Attorney Peter Bade and other counsel from two large reputable firms one being Miller Canfield .
IN THE CONTROVERSY SURROUNDNING THE PETITION SIGNATURE REJECTION SEVERAL CATEGORIES OF REJECTION ARE BEING CHALLENGED.
1. Signature that the clerks say do not match the signature on the ballot cards NHS.
2. Duplicate signature where the clerks rejected both not keeping the first and rejecting the rest.
3. Claims of illegibility
4. And more
400 beyond the nhs category will be in heated debate tomorrow.
CITIZENS RECALL COMMITTEE TO ARGUE THEY HAVE ENOUGH PROVEN CONCLUSIVELY TO BE WRONGLY REJECTED BY THE CLERKS TO HAVE THE RECALL PLACED ON THE NOVEMBER BALLOT.
When the clerks directed that the petition signature to place a recall election on the Flint Office of the Mayor fell short the number short was 520. Attorney Lubkin stated that last week the Judge moved several from the uncounted Colum to the counted Colum . The new shortage number last week was lowered to 495.
The Judged order the parties to cooperate and find a statistician to cause a random sampling and survey of the pool of 536 NHS signatures. It is contemptuous how the clerks and their attorney have thwarted the efforts to comply with the judges directive. The Citizens hired a Wayne State Professor Shinki to pull a sample which he did. He will testify Tuesday that this sample has a 95% reliability.
The argument will be that as directed by the court of the NHS pool of 536 a random sample of 20 was picked. When interviewed over the weekend 19 people of the 20 in the sample said they signed the petition. Implicitly they showed the clerks made a mistake. These people signed affidavits and most if not all have agreed to have their testimony video taped.
THEY WILL ARGUE THAT THE EVIDENCE WILL CONCLUSIVELY GIVE THE JUDGE A BASIS TO ORDER A PLELIMINARY INJUNCTION.
A preliminary injunction will allow the Recall of Flint Mayor Dayne Walling question to be printed on the ballot. This would be followed by a trial or formal hearing where evidence is submitted for a final decision. If the Citizens then failed the Judge could order the results of the election to be ignored.
THE RANDOM SAMPLING OF THE NHS SIGNATURES FOUND THAT OF THE POOL OF 536 95% [19/20] OR 509 SAID THE SIGNATURES ARE THEIRS, VALID AND SHOULD BE COUNTED.
If the judge allows the sample to be entered as evidence and found to be accurate the threshold has been met and the recall question should be placed on Ballot . The clerks argue that the real deadline for placing the question on the November ballot is this week.
If a preliminary injunction is granted it will only cause the printing of the ballot there will still be a trial.
If the preliminary injunction is not granted it will only mean that the ballots will not be printed for the November election. There will still be a trial and the question to recall Flint Mayor Dayne Walling could be placed on the ballot in February.
IN ADDITION TO THE NHS CODED SIGNATURES THERE ARE 400 ADITIONAL SIGNATURES NOT CODED NHS THAT ARE HOTLY CONTESTED.
At 9 pm 9/13/2010 I talked with Attorney F. Anthony Lubkin counsel for the Committee to recall Dayne Walling.
Walling is the current Mayor of Flint Michigan. We talked about the hearing tomorrow in the court room of judge. Judge Arthur J. Tarnow United States District Court
for the Eastern District of Michigan, Theodore Levin U.S. Courthouse,,231 W. Lafayette Blvd., Room 124,Detroit, MI 48226
This hearing was caused when the Recall Committees appealed the county clerk's office ruling that the recall would not go on the November ballot because of insignificant valid signatures.
WHAT WILL HAPPEN PROCEDURALLY TUESDAY
Attorney Lubkin stated that "the clerks and their attorney have done everything they could to thwart the directive of Judge Tarnow. “They ignored us and treated us like crap. The Citizens went door to door over the weekend the clerks attorneys would not cooperate. On Monday there was a meeting in the Flint City Clerks office set for 8:30 they did not arrive until 10 a.m.. The clerks attorneys participated in no meaningful way…they refused to do the sample they did not do anything they were supposed to do. The Citizens have been proactive to get this job done and the clerks have been obstructionist Lubkin implied. They have been stalling. At the very least enough has been demonstrated that the preliminary injunction should be ordered, then a full evidentiary hearing held. This glives the judge time and he can order the election to be disregarded if the citizens are not victorious"
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