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. 

[Angela Brimmer]

Sorry, i should've said "polling location". Thanks for correcting me. Thanks for also pointing out how intelligent you are and how stupid this drop out is. You win the gold star but unfortunately lost the election by a pretty large margin. Does putting me down make you feel better about your defeat?

[XLFD]

Angela,

Please review your own posts and look at the high road you took in dealing with me and others here.  I am not bright enough to get most of your points, but it may be because of not understanding your viewpoint. 

Assuming you do not do so because you just viscerally dislike me, why do you feel the way you do as regards the civil rights issues presented here? 

[XLFD]

Angela,

Let City Hall know your concerns.  Maybe they will avoid creating unconstitutional policies that prevent citizens, potentially ANY citizen, from utilizing public facilities they help pay for, and give unconstitutional powers to the City Manager and City Attorney (two unelected officials) to keep those who dare to expose corruption out of the public corridors.

If the 'battle is over', I am 'not a factor', and I have 'lost', why are you wasting your time here Angela, telling everyone else what you find to be self-evident?  Just asking.

[Angela Brimmer]

Why didn't you show up to vote or even attempt to vote? Just asking. By not even attempting to vote does not set a good example for all of the people that believed in you and braved the wind and rain to vote for you. Their canidate didn't even show up to vote! That would make me pretty mad. Hopefully you are a gracefull loser and have called, emailed, or even visited the winning canidates to congratulate them. They deserve it. I'm sure if you haven't you eventually will right, you just haven't found time yet today to do it. Maybe once all the MASH reruns are over or when the Price Is Right finishes you will do that. Was yesterday a day where there was just too many good programs on TV that you found it hard for you to pull yourself away from the TV to come down and vote? Was it the heavy rain? Maybe your rain jacket was to old or small and you didn't want to walk down to city hall unprotected from the elements? Hey no one can blame you but please don't blame the city for your decision to put voting not very high on your November 8th priority list. Power to the people!!!!! Out

[AQUAMAN]

Angela, "power to the people"? You mean the "free populace" or the ones being "held hostage" with letters of trespass and such that totally ignore our God given and constitutional rights? Methinks you mean power to the ones holding the reigns of power, NOT the rest of us Americans. Btw, X and other supporters of his campaign were busy giving rides and assistance to the poor and elderly to help them get to the polls safely, just for your information and next quip to post. Making false assumptions and rude comments doesn't become you, nor anyone else that acts this way.

[masonco]

SOrry I've been reading Angela's post and thought it was Mr. Shay impersonating this Angela person.

[Willy]

X

All I can say is wow. It never ceases to amaze me how arrogant some officials become when given power. I think the voting issue is a very big deal and if I were you I would put that on the top of my list to show just how far corruption can be taken by small town tyrants. It's a shameful exhibition of abuse of power that we are witnessing in Ludville.

[XLFD]

Willie,

You are correct, this is a big deal, and my attorney and I are reviewing our options to mitigate some of the damages.  If it appears that a felony has been perpetrated by John Shay, and of course that could not be litigated in the courts by the year's end, you may wish to exert some pressure on the City Council to do what's right and give him the boot.

It could happen this year.  Kaye has already said she would vote against his renewal, CC Engblade has voted against him before and could again since he's term-limited and doesn't have to be weirded out by serving with Shay in the future.  CC Peterson also is term-limitted out and may be persuaded by the appearance of impropriety.  CC Marrison has shown some critical thinking of late, and actually tries to keep in touch with the people.  That's four potential votes that could bolt against Shay.  The other three are probably too engrossed in 'team-playing' and 'partnerships' to get rid of their willing ally.

[Lisa O'Brien]

XLFD,

Out of curiosity did you initiate an email asking for permission to enter City Hall to vote?

[AQUAMAN]

Lisa, I'm also curious about that answer of yours. As far as Angela's posts, well, as we have seen repeatedly, you are in the dark and out of touch with what Americans are all about. Too bad you flunked history and government classes, cause you missed out on the key to our success as winners and leaders of the world. As for X's loss, it's just another day at the track, lose some, win some, never give up the good fight, it's there for everyone of us everyday we awake. Trudge on for the freedoms we all cherish and want for the country far into the future, it's our true fabric for being, and a heritage we have to keep vigil everyday against those whom would abuse it and overturn it.

[XLFD]

Angela placed a post in this spot that was a blatant violation of the terms of service, namely:  in a manner that is libelous or defamatory, or in a way that is otherwise threatening, abusive, violent, harassing, malicious or harmful to any person or entity, or invasive of another's privacy. 

It was very indicative of what he/she was all about, and the party so attacked has been notified.

[Willy]

It was only a matter of time before Angela went off the deep end. She must be a friend of or related to one of the people in the circle of corruption. Angela was no angel.