The Candidate Who Couldn't Vote

[XLFD]

Background

On December 30, 2010 I made a declaration in the Ludington Torch that I was forming an exploratory committee to run for City Council in the comments here.  In the next two months, I had at least three communications with my private sector boss (face-to-face, by phone, and in a written change of policy) that intimated that local political forces were putting pressure on him to lessen my political writings in the Torch.  This was during the time when the DDA was being exposed for what it is, with bid-rigging, cronyism, and the using of public funds inappropriately. 

After my attorney had made it clear in mid-February that we were going to initiate legal action to redact the existing record and get an actual legal judgment from the comedy of legal errors that were started just after I had declared to fight a bicycle traffic ticket in court, the City began a process to attack my character.  The City Attorney, Richard Wilson, drew up a Workplace Safety Policy, the LPD Chief tweaked the Letter of Trespass to extend to public facilities, John Shay coordinated the efforts, and both documents were put before the City Council on 2-28-2011 where the Policy was passed unanimously.  That process was eventually detailed in Creating a monster pt 1, ending with me being served with a Letter of Trespass. 

 

Details

In the Letter, it is explicit and without recourse for the person served it, namely:

 

The WSP was never publicly available, a FOIA requested it, but John Shay wanted $38 to show it.  Fortunately, I got a copy of that policy from an ally.  It also is explicit in that it says in the definitions

Nothing else in the policy and letter limit these powers or conditions.  Nor has there been any amendment to either since its inception.  By the October forum for city council candidates, John Shay was wanting to think that the Open Meetings Act allowed me to enter City Hall for meetings, but I could not get to the meeting chambers without trespassing across 400 S Harrison first and being arrested, as per LPD Chief Barnett's standing orders from 3-1-11.

 

Appeals

Throughout the next 7 months I appealed to John Shay and the City Council for leniency several times as revealed in this compilation of E-mails to and from those folks and me:  WSP Communications.  My attorney has been able to focus more of his attention lately in this 9-30-2011 letter, the City Attorney replied followed by my attorney's 10-17-2011 reply.  The City Attorney's next response was beyond arrogant.  And my attorney explained what was going to occur in short order October 27, p. 1 and p 2. 

Including my constant berating of this policy in the Ludington Torch, I and my attorney have made it known to the City that their policy is unconstitutional and illegally impinges on my liberties.  They have never acknowledged this and my ability to enter the City Hall or LPD is totally dependent on whether I can get the written approval of an unelected City Manager, John Shay.

 

Suffrage

The ability to vote has been a concept that many through history have fought and died for.  It's something that many of us take for granted.  I am registered in the Third Ward of Ludington and here is my voter registration card

 

Take a look at where I vote.  Ludington City Hall.  The place where I have been banned from.  The place where I need special permission from the City Manager to enter.  Despite the efforts of my pleas and my attorney's demands, despite my griping about it in my WMOM radio interview, I continue to have the WSP and the Trespass Letter on me full force.  I noticed that the City Manager might not allow me access to vote for myself.  I really wanted to, you know, since this as my maiden voyage into politics.  So I looked at my options.

I could not cast an absentee ballot since I did not qualify to do so by law, my condition meets none of the 6 mentioned by election law MCL 168.758.  That left my only chance of voting to go to Ludington City Hall.  The place where I have been told I would be arrested if I stepped foot on the property.  I waited by my E-mail all day today waiting for some last minute reprieve from John Shay to grant me this basic right.  To vote.  To support myself in my attempt to get on the Ludington City Council, and vote for the Third Ward candidate of my choice.  The E-mail never came.  The LPD never showed up with written permission.  The polls closed.

 

Implications

There is a law that applies here, a serious law, with serious implications for those who violate it MCL 168.932.  The first section says:  

A person who violates 1 or more of the following subdivisions is guilty of a felony:

(a) A person shall not attempt, by means of bribery, menace, or other corrupt means or device, either directly or indirectly, to influence an elector in giving his or her vote, or to deter the elector from, or interrupt the elector in giving his or her vote at any election held in this state.

 

City Manager John Shay coordinated the creating of the WSP to keep me off the property of 400 S Harrison, Ludington City Hall.  He made that site only available with his written permission under specified conditions imposed by him in that law.  If I had went to Ludington City Hall today, my voting place, I would have been arrested since I had not gotten any permission at all to do so.  None.  He thereby deterred and interrupted my being able to vote through corrupt means (having his police force under orders to arrest me on sight) at the elections. 

As per that section of law, I will begin the process of having John Shay criminally prosecuted for his corrupt behavior in committing this felony.  The City Attorney and Police Chief may also have some culpability, but I'll let the Prosecutor or the Michigan Attorney General figure that out. 

[XLFD]

Marty,

I do think I hear someone grinding an axe at 400 South Harrison (Ludington City Hall).  Those schmucks are complicit in this act, but that law they passed effectively does not give the City Council a part in the Letter of Trespass issuance or enforcement.  The only people with duties are the CM, the City Attorney (they don't specify which one), and the police chief. 

[Marty Redman]

If I remember right from the first Monster thread, those were the three individuals that crafted the law.  Interesting.  Deja vu all over again. 

[Willy]

X

I beg to disagree. The law the Council passed does give them part in issuance because their hired hand, Shay, was acting on their behalf. They hired Shay and he answers to them. Any job duty he performs is with full support of the Council. He is their hatchet man so to speak. He  occupies the position of City Manager at the leisure of the City Council. I would not let any of them off the hook.

[XLFD]

Valid point, Willy; I will suggest to the prosecutors of this charge to note the degree of complicity of the existing City Council (plus retired CC Scott) in the passage of the WSP and why they have never responded to me in my appeals to them about it.  I think if you pass a law that negatively affects a constituent  you have a duty to respond to them to tell them why the law is as it is. 

[Marty Redman]

I agree with you both.  Present all the facts of the case, and let the prosecutor/AG decide who else should be held accountible.  This could be a bonus also for the civil case your attorney has said is coming down the road in his last letter.

[easymoney]

You haven't lost. When you give up your beliefs and values, then you have lost.

If the powers to be had any means to destroy you with anything you have posted on this site, they would have used it by now. The thing they seem more afraid of is the facts that you  have posted and the time you spend verifying the statements made, all within your rights as a citizen.

The bike thing may have started this thing and they used their power to intimidate you to back off and fade into the sunset, as most residents would have, not all of us, but most would. As I got older, I realized that fear is how all goverments control the little people. But, as an individual, I will fight for my rights and hope others will learn to do the same.

[XLFD]

The sad thing is, if the police chief and the local district court officers could have abided by the law, I would probably be still on the fire department and just ignoring the politics in the background.  I truly wish there would be some other better candidates than I could ever be, that come forward the next two years and run on the same basic platform I did.  Smaller, open government, less fees, less taxes, and more accountability in contracts, ethics, and services. 

Unless First Ward Councilor Richard Rathsack surprises everyone, our City is going to be run by progressive Keynesians unafraid to grow the size, power, secrecy and complexity of City Hall. 

[AQUAMAN]

Very well said easymoney, again, your insight and ability for excellent persuasion is both infectious and admirable my friend. If not for the warped local system of justice to win all the time, at any cost, bending any and all laws to accomplish it, plus the tenacity and viscous acts of CM Shay, X would still be a part-time teacher, security guard, and fireman serving us as normal with a good income and we would be none the wiser of our local city council. I'll bet they wish now that the original ticket had been dropped, however, it's too late, and the "cat's out of the bag".