Secretary of State Candice S. Miller today said that, given the turn of events regarding the certification of Ricardo Solomon to the ballot, her office will not respond to the questions raised earlier this month by the Wayne County Clerk’s Office. 

Secretary Miller explained that while advice will be withheld, it is highly likely state officials would have advised the clerk to not certify Ricardo Solomon to the August primary ballot.

 “It is very disappointing that our staff was not given adequate time to research the questions raised by the clerk’s office,” Secretary Miller said today.  “However, because the state’s role is advisory, and given that the matter is now before the Wayne County Circuit Court, the Bureau of Elections will refrain from offering an official recommendation to the Wayne County Clerk’s Office.

 “We are disappointed that the Wayne County Clerk has certified Mr. Solomon to the ballot because given our preliminary review, the candidate had not complied with Michigan Election Law when he filed the affidavit of identity and, therefore, should not have been certified to the ballot,” Secretary Miller added.

The state’s chief elections officer said the state was relying on the rationale behind a 2002 decision by Michigan Court of Appeals.  In Coon v Bureau of Elections, the court ruled that a candidate who refused to file the affidavit could not be certified to the ballot.  The three-judge panel noted that, in its view, requiring candidates for public office to prove their compliance with the Michigan Campaign Finance Act serves a compelling state interest by protecting the integrity of Michigan’s electoral process.

“If the court found that the affidavit requirement serves a compelling state interest, it stands to reason that the affidavit cannot include a false statement,” Secretary Miller added.  “To rule otherwise, undermines the integrity of the process and renders the Michigan Campaign Finance compliance statement meaningless unless a prosecutor chooses to file charges and proves that the candidate committed perjury.”

 “Candidates for elective office need to take the Michigan Campaign Finance Act seriously.  Given the apparent confusion surrounding this matter, it is my hope that state lawmakers will revisit this law to see what changes can be made to ensure that candidates and officeholders follow the law,” Secretary Miller concluded.