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Republicans Refuse To Lose Election

Republicans Refuse To Lose Election image Republicans Refuse To Lose Election image
Parent Issue
Day
25
Month
April
Year
1975
OCR Text

by Ellen Hoffman

"As far as I'm concerned, said Democrat Albert Wheeler last week, "there's only one mayor, and that's me."

At least 14,684 Ann Arbor voters agree with Wheeler, 121 more than voted for his Republican opponent, James Stephenson. But questions raised by the GOP over the city's preferential voting system in court have prevented the results from being certified by the Board of Canvassers. Stephenson continues as mayor under a resolution passed by the lame duck City Council allowing the former official to remain in office until election results are certified.

Judge James Fleming of Jackson county is expected to rule as we go to press on lawsuits brought by both Democrats and Republicans over the April 7 election results. His decision will determine which man sits in the mayor's seat. and whether the city's preferential voting system (passed by voters last November) is constitutional.

THE HALLS OF JUSTICE

During the testimony presented last week before Judge Fleming, all members of the city Board of Canvassers agreed Wheeler had 121 more votes than Stephenson when second choice votes from the Human Rights Party candidate were included. (Under preferential voting, votes for third place candidates Carol Ernst were eliminated, and those voters' second choices were counted instead).

Despite unanimous agreement on results, the two GOP members of the four-person Board of Canvassers refused to certify totals of the mayor's race. Helen Forsythe told the court she had not signed because a provision of the preferential charter amendment seemed to require the Canvassers to count every ballot. When asked how she discovered this tact, she admitted it had been pointed out to her by Stephenson's lawyer (and Republican city council member) Robert Henry, Jr. Although city attorney Edwin Pear, official counsel for the canvassers, had ruled that they did not have to hand count ballots, Forsythe decided she should wait for the court's decision once the Republicans filed their case.

Besides trying to prove the Canvassers must actually count ballots, the Republicans are challenging the election results based on the constitutionality of preferential voting.

Stephenson summarized the GOP attitude last week, saying it was a "question of how people will select the mayor."

"The constitution provides for one-man-one-vote," he said. "But, (under the preferential voting system) only the HRP votes were counted."

A GAME BY ANY OTHER NAME

"It looks just like the Nixon thing to me," commented one observer following Stephenson's statement. "When you can't win, you change the game."

Council Democrats agreed. In a statement read by Council member Jaimie Kenworthy, the Dems pointed out that the GOP had waited until Stephenson lost the election to challenge preferential voting, instituted by the people last November.

"Now that the final score is in the Republicans have decided they want to change the rules of the game, " he said. "We do not think it is a democracy when those in power use their votes and muscle to keep themselves in power...It is time that we again recognize that there are some things in politics one just doesn't do."

Meanwhile, the election results have moved into the jurisdiction of the County Board of Canvassers as required by state law when the city board does not certify the election within fourteen days. The county Board is likely to accept the decision of Judge Fleming, although they are not bound by city election procedure.

ERNST RESIDENCY CLOUDED

To further confuse the case, former GOP council member John McCormick turned over documents to the city police purporting to prove Human Rights Party candidate Carol Ernst was not a city resident at the time of the election. Officially registered at an address on North Main Street, Ernst was also listed on a lease for a house outside Ann Arbor city limits. Police have been investigating the charges, and results were given to county prosecutor William Delhey late Thursday. John Hansen of the prosecutor's office said no decision was likely to be made until next week on whether to prosecute Ernst, and that more investigate would probably be required.

Ernst said she was living at the Main St. address, although she did spend time at the other house. According to Delhy, it is a question of "domicile," as many people own or rent more than one place.

The Republicans have used the residency question to try and get Ernst's second choice votes invalidated.

"They're just making smoke," said Ernst of the Republican charges. "It's an attempt to get as much smear publicity as they can -- they have little regard for people and have no integrity."

With Judge Fleming's ruling, the Republican's "smoke" should be cleared. One city official predicted the ruling would be in Wheeler's favor, since preferential voting was the system approved by Ann Arbor residents. However, the GOP is sure to appeal such a ruling, possibly all the way to the US Supreme Court.

"The GOP and the Ann Arbor News have been trying for three weeks to convince people that preferential voting is a 'mess.'" said one political observer. "What is a mess is the Republican attempt to subvert the democratic election process of this city. It sure looks bad for a conservative white man to prevent a liberal black from assuming the office to which he was duly elected. But for all the excuses the Republicans have used, no one is fooled that the real issue is they don't want to give up power."

left photo: Citizen James Stephenson

right photo: Mayor Al Wheeler