By Rita Williams
A Kent County Judge has denied a challenger’s attempt to keep an Allegan County Board of Commissioner Candidate from appearing on the ballot.
On September 13, 2024, Judge George Quist denied Democratic Challenger Christi Allen’s request to prevent Brad Lubbers, GOP-Appointed Candidate, from appearing on the November 5 General Election ballot. Allegan County Republican Leadership tapped Lubbers to replace the long-serving Dean Kapenga, who died August 5, 2024. He served on the board for eighteen years, and was seeking election at the time of his death.
Allen, who challenged Kapenga in 2016, argued that County GOP officials had no authority to handpick Lubber as a replacement, nor that County Clerk Bob Genetski had any authority to place Lubber’s name on the ballot.
Allen is running as a write-in candidate, representing District 3.
In her complaint, Allen cited MCL 46.411, stating, “(n)ominations and elections for commissioners must be by partisan elections.” Allen also relied on MCL 168.803(1)(i), saying votes for Kapenga in the primary were void following his death. Allen’s writ of mandamus in short, asked that no names be placed on the District 3 board ballot.
Quist ultimately denied Allen’s request, citing that the plaintiff did not have a “clear, legal right” for such a request, and that the clerk did not have a “clear, legal duty” to follow Allen’s wishes. Quist further commented that Genetski had made his decision based on instruction handed down from the Secretary of State’s office.
“Given the lack of a clear statutory mandate, defendant (Genetski) appropriately relied on guidance from the Michigan Secretary of State when he concluded that it was appropriate to place Mr. Lubbers’ name on the ballot,” Quist decided.
As a result of Quist’s ruling, the ballots, with Lubber’s name, will head to the printer on Monday, September 16.
