It appears Michigan State election law was violated in Leonard Village’s March 8 election.
Janet Ostrander was elected as a Leonard Council Trustee as a declared write-in candidate with 15 votes. She was sworn-in at the March 18 council meeting and began serving her term.
The problem is Ostrander also served as “precinct election inspector” for the village during the same election.
The precinct election inspector is responsible for opening and closing the polls, assisting voters, verifying who’s a registered voter, issuing ballots, and tallying the total number of ballots cast.
Being a candidate and a precinct election inspector appears to constitute a violation of state election law under Michigan Compiled Law 168.677, Section 3.
According to state law, “A person shall not be knowingly appointed or permitted to act as a precinct election inspector if the person or any member of his or her immediate family is a candidate for nomination or election to any office at the election.”
Both Ellen Davis Halsey, Director of Elections for Oakland County, and Brad Wittman, who serves with the Bureau of Elections for the Secretary of State, confirmed being a candidate and precinct election inspector is contrary to state election law.
A candidate in the election is “not supposed to be working at the polls,” Halsey said.
Wittman characterized the incident as an “administrative lapse.”
However, such a violation does not invalidate the entire election.
“An election shall not be invalidated merely because of the violation of the provisions of this section,” the law states.
Leonard’s election was certified by the county Board of Canvassers, according to Halsey.
Both Halsey and Wittman confirmed their offices were contacted by the village about Ostrander’s dual roles on the day of the election.
Wittman said when his office was contacted about this matter, it was recommended that Ostrander be removed from the polls and someone else sworn-in as precinct election inspector.
However, this was not done and Ostrander remained as inspector during the election. Halsey confirmed that the only signature on the election paperwork submitted to county was Ostrander’s.
Halsey noted the Election Division at the county Clerk’s office does not have the authority to enforce state election law in this matter.
Because the violation in question is “not a prosecutable crime,” Wittman said if someone wanted to challenge or “deny” Ostrander’s right to take office they would have to seek an order from Oakland County Circuit Court.
Repeated attempts to reach Leonard Village Clerk Cindy Oehler were unsuccessful.
Ostrander refused to comment on the situtation.
“I’m not going to talk to anybody. Sorry,” she told this reporter on March 18.