Mayor recall battled out in court

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FLINT (WJRT) - (08/24/17) - A hearing was called Thursday after Genesee County Clerk John Gleason asked for a judge to determine if Scott Kincaid can run for both re-election of his City Council position and mayor in the recall election.

A lawyer for Mayor Karen Weaver argued that under Michigan law you cannot run for two positions that have overlapping terms, and Kendall Williams said Kincaid needed to make his decision, but now it's too late and he shouldn't legally be on the ballot at all.

Kincaid's lawyer argued Weaver's team was dismissing the law specific to recalls.

Judge Nethercut is weighing both arguments. There was no decision from him on that Thursday.

Weaver's team also argued her motion in court Thursday that asked the judge to throw out the recall altogether.

No decision on that either, but Nethercut did say he has an issue with her team's math. He explained, per Weaver's brief on the numbers, she says 8,848 signatures were originally submitted, the clerk invalidated 3,098 of those and she says that left 5,870 signatures.

Nethercut says the math is incorrect and that actually comes out to 5,750, the exact number needed. So, it may only take one invalid signature to end the recall.

Arthur Woodson who initiated the effort isn't convinced.

Gleason's office has to provide the judge with an affadavit detailing their numbers from the recall petitions.

A handwriting expert from Weaver's team is expected to testify Friday to help the judge make his determination.

We'll be following this for you.

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