Judge reverses Election Commission decision on recall language - ABC 12 – WJRT – Flint, MI

Judge reverses Election Commission decision on recall language

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GENESEE COUNTY (WJRT) -

(12/09/13) - Genesee County Circuit Court Judge Joseph Farah has reversed a county Election Commission decision authorizing recall language against County Commissioner Pegge Adams.

Adams had appealed, alleging the language wasn't clear or factual.

"Factual" is the key word because of new recall law.

"If you can still come into the electorate with a petition that is clear, but is not true, then we've gone nowhere," Farah said, after announcing his decision Monday morning.

The recall against Adams is now off - at least for now.

The recall attempt stems from her involvement with a county subcommittee that deals with Animal Control Department issues.

Bill Heatley filed the petition, alleging Adams failed to investigate violations of state laws and regulations.

"There was no law or regulation broken. That didn't happen," Adams said after the hearing. "There was an incident and I did investigate the incident. There was no indication whatsoever that there is any law or regulation broken."

Adams said she's happy to get back to work without distraction.

"I feel Judge Farah had to set precedent in the courtroom today," Heatley said. "This is a new area for any judge in the state. He set precedent for the legislation today. He put teeth in the legislation today."

Heatley said he's weighing options now about what to do next.

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