Michigan panel OKs Cornel West for November ballot, while legal maneuvering continues

Third party presidential candidate Cornel West. (Photo by Win McNamee/Getty Images)

The Michigan Board of State Canvassers voted 3-1 Monday to certify Cornel West as an independent presidential candidate on the Michigan ballot on Nov. 5, although the issue is far from settled as litigation remains outstanding.

“I think it’s outrageous that they not only refused to investigate forgery of circulator signatures, but they put a candidate on the ballot this morning who everybody knows has thousands of forged signatures, and he just got rewarded for forgery,” veteran elections lawyer and former Michigan Democratic Party Chair Mark Brewer told the Michigan Advance .

Brewer filed a lawsuit earlier this month on behalf of longtime civil rights and community activist Rosa Holliday, alleging West’s qualifying petitions were “rife with forged signatures.”

Monday’s vote followed a judge’s order over the weekend that the Michigan Bureau of Elections had to qualify West and his running mate for the ballot, a decision West cheered as a “ moral victory for everyone who believes in the sanctity of the democratic process.”

However, the judge added that state canvassers still had to determine if West had submitted enough valid signatures, and Monday’s vote did just that, although doubts were raised throughout the meeting about the validity of the signatures on those petitions.

“It’s the candidate’s obligation to submit a sufficient number of valid signatures, and at this point I cannot say that the candidate has satisfied that obligation,” said Chair Mary Ellen Gurewitz, a Democrat, and the lone no vote to certify.

At issue during Monday’s hearing were allegations that the signatures of some of the circulators of West’s petitions may themselves have been forged, which if proven, would invalidate all of the signatures on those sheets.

West was initially disqualified for failing to have his affidavit of identity properly notarized, with errors that included unfilled blanks on the form and the notary’s public stamp being sent on a separate sheet of paper. Saturday’s Court of Claims judgment rendered that point moot, setting up Monday’s decision on the validity of the petitions themselves.

In addition to the challenge filed by Brewer, a nother challenge was filed by Michigan Democratic Party Chair Levora Barnes, along with the Michigan Democratic Party and the Democratic National Committee.

However, a staff report by the Michigan Bureau of Elections recommended the board certify West’s petitions based on the random sampling method that it utilizes.

“In sum, 625 signatures in the sample were challenged by one or both challengers. Staff processed the challenges together until it was clear West would have enough valid signatures for certification,” stated the report, which determined West’s sample had 448 valid signatures, while only 335 were needed for approval.

But testifying to the board Monday, Brewer said the sampling method by itself left a major loophole.

“Your current random sampling method only checks the signatures of the signers. It does not check the validity of the circulator signature despite the fact that when you have a complaint like Ms. Holliday’s. You’re obligated to conduct an investigation,” said Brewer. “And the consequences of that are quite severe because … if a circulator signature is invalid, for example, if it’s forged, that invalidates the entire petition sheet, whether it’s in the sample or not. So it’s a very serious matter if a circulator signature is forged.”

Regardless, the board, which is made up of two Democrats and two Republicans, accepted the staff report, saying it would be unfair to change the process now.

“At the end of the day, you reviewed samples of voters who signed the petition to put Cornel West on the ballot,” board Vice Chair Richard Houskamp, a Republican, said to Board of Elections Director Jonathan Brater. “ Those voter signatures that were in that sample, you verified them, the numbers you’ve provided showed that the overwhelming number required was met and the signatures of the voters, there’s no question about it, right? I mean, at the end of the day, it’s the voters that count.”

Board member Jeannette Bradshaw, a Democrat, reluctantly agreed in casting her vote for certification.

“Today’s meeting opened up conversations about procedure and process, and that we really do need to look at our petitioning process in the state,” she said. “The numbers from the bureau stating that it would still leave this candidate with 27 signatures in their favor. Even if you were to take those out of the ones that were named in the challenge. Am I correct on this? This is where I have a pause a little bit, but I have my faith in the bureau that they are doing exactly what the job is. I would have to vote yes.”

Brewer indicated he not only planned to appeal the canvassers’ decision, but had already filed an appeal to the Court of Claims ruling on the alleged improper notarization on the affidavit of identity.

“If you want to be the President of the United States, you need to be able to file a competent affidavit, and you need to be able to file signatures that don’t have any forgery, but West has managed to do both, and this board says ‘That’s okay, we’re going to put him on the ballot.’ That’s an outrage,” said Brewer.

Meanwhile, Clear Choice Action, a Democrat-aligned super PAC that has pushed for accountability for third-party candidates, is also challenging West’s petitions.

“ Just as an example of the fraud, alleged signatures for Amanda Brye, Imani Yelder, JacQueline Rhodes, Melanie Ellison, Angela Collins, Drew Holewinski, Autumn McDonald, and Anthony Gordoneach appear on multiple petition sheets with handwriting and signatures that do not match at all. Other alleged voter signatures like those for Antoine Stewart appear twice on the same petition sheet with handwriting that also does not match,” the group stated in a press release.

The group was founded by Pete Kavanaugh, who served as deputy campaign manager in President Joe Biden’s 2020 presidential campaign.

“Cornel West has already admitted his petitions were collected by Republican dark money groups, not his campaign,” said Kavanaugh. “Those petitions are rife with fraud and forged signatures, the same issues that have resulted in Democrats and Republicans alike being removed from the ballot in Michigan recently. Placing West on the ballot amidst these undisputed facts–and with the knowledge that West’s campaign has been denied ballot access for similar issues in other states in recent weeks — would make a complete mockery of Michigan’s ballot access laws and would reward fraudulent behavior.”

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