Allegan Board Chair claims he withdrew 'under duress,' wants back on the ballot

ALLEGAN COUNTY — Days after withdrawing his name from the ballot, Allegan County Board of Commissioners Chair Jim Storey wants to be restored.

Storey, who filed for re-election Tuesday, April 23, submitted a letter to the county’s elections division on Friday, April 26, withdrawing from the ballot. Friday was the deadline for candidates to withdraw from races for the August primary.

However, Storey now claims he withdrew “under duress."

Allegan County Clerk Bob Genetski told The Sentinel on Monday that Storey was going to be disqualified from the ballot anyway, at the direction of the state, due to outstanding campaign finance report filings from when Storey ran for state representative in 2015.

Storey said Genetski informed him of the disqualification on Wednesday, April 24. He claims Genetski gave him the option of withdrawing by Friday to avoid the label.

“With 48 hours notice, I felt a little bit pressured to make that withdrawal,” Storey told The Sentinel. “But after I did that, and after doing significant research over the weekend, I found out that was not the appropriate course (of action) here.”

In his Monday letter, Storey asked the commission to retract the withdrawal, reinstate his name on the August ballot, and to provide, in writing, the evidence used to determine errors, omissions or false statements regarding his filing.

Genetski said he’s unaware of “any provision under Michigan election law that allows for either retraction of a withdrawal or instatement of someone on the ballot who would otherwise be disqualified by the election commission.”

He added the commission will research the law to find the appropriate response. Probate Judge Michael Buck serves as chair of the commission.

Genetski said if there is no provision for this scenario in the law, “there’s nothing the election commission can do.” In that case, Storey’s only path to the ballot would be a court order. He could also file as a write-in candidate.

Storey said he’s been told this issue has not been litigated, adding he'll go "one step at a time."

Genetski said the issue comes from a new checkbox on candidates' Affidavit of Identity. Filers must identify on section three of the form if they have previously run for an office that required filing reports under the Michigan Campaign Finance Act.

By signing the form, candidates are certifying "all statements, reports, late filing fees and fines” have been filed or paid.

More: Our go-to guide for races in Ottawa, Allegan counties

Storey said he became aware of outstanding fees the week before he filed. On Monday, April 22, he drove to Lansing to pay those fees. The staff there, he said, did not indicate any further issues with campaign reports. Storey felt as though he was clear to file his affidavit.

In his letter Monday, Storey said he hasn’t been given evidence he wasn’t in compliance.

“I have no reason to believe I lack in compliance based on the multiple reviews of my previous filings by your office, reviews by the Secretary of State, and the local Board of Elections' approval of ballots, all relating to my current office and previous elections to hold such office,” he wrote. “There has been no substantiation of any alleged false statements or even errors or omissions in my filing.

“As my current filing and procedure with the Secretary of State are consistent with my past filings, and there has been no attempt by your office to follow due process, any attempt to remove my name from the upcoming August ballot could only be considered arbitrary and capricious.”

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Genetski said Storey’s local reports weren't at issue.

“In the eyes of the Allegan County elections division, all campaign finance reports for county commission were up to date and in compliance,” he said.

Meanwhile, Storey is continuing his campaign.

“I look forward to campaigning on the record that we ... have compiled over the last 10 years and making my case to voters,” he said. “I hope the integrity of the election officials allows that to occur.”

— Contact reporter Mitchell Boatman at [email protected].

This article originally appeared on The Holland Sentinel: Allegan Board Chair claims he withdrew 'under duress,' wants back on the ballot