By ILSA MINOR

The Daily Press

ESCANABA — With the deadline for recall signatures fast-approaching, commissioners appealing petitions, and a judge on vacation, things looked grim for a group of Delta County residents seeking to remove county commissioners Dave Moyle, Bob Barron and Bob Petersen — but the commissioners aren’t out of the woods yet. A new judge has been appointed to the case.

On July 3, three residents seeking the removal of the commissioners filed petition language with the county clerk’s office. The language specified that the reason for the recall was the commissioners’ votes to terminate County Administrator Emily DeSalvo on in February.

Two weeks later on July 17, the Delta County Election Commission held a clarity hearing to determine if language submitted by petition sponsors was clear and factually accurate. The three-member board, composed of Probate Court Judge Perry Lund, County Treasurer Sherry Godfrey, and County Clerk Nancy Przewrocki, determined that the language met the standards for the petitions to be circulated.

The three county commissioners then had a 10-day window to file appeals of the election commission’s decision, during which no signatures could be collected. All three commissioners appealed the decision, with Moyle submitting his appeal on July 19, and Petersen and Barron filing their own appeals the very next day.

The appeals block the collection of signatures until a circuit court judge can weigh in on whether the petition language is clear and factually accurate. Signatures can only be collected after a judge denies the appeal or, if a judge does not weigh in, 40 days have passed since the appeal was filed.

By state law, the appeals of local officials are to be heard by the circuit court representing the jurisdiction. However, 47th Circuit Court Judge John Economopoulos faced two barriers to taking the case:

First, the county commissioners are responsible for distributing funding for the court, creating a glaring conflict of interest. Second, he was scheduled to be off work until Aug. 3, the day before collected signatures must be turned in to the county clerk for the recall to make the November ballot.

Some, including some of the commissioners themselves, believed this would push the recall question off until May of 2024, as it would be unlikely a hearing could be scheduled, a decision rendered, and the signatures all collected in time to meet the Aug. 4 deadline. However, Economopoulos has submitted paperwork to the state court administrator’s office, which determines if judges may recuse themselves and picks their replacements. The office appointed Judge Christopher S. Ninomiya, of the 41st Circuit Court, covering Dickinson, Iron and Menominee counties, to hear the case.

Whether or not Ninomiya’s appointment means signatures will be able to be collected by Aug. 4 remains to be seen. As of Monday, there was no hearing date set for any of the commissioner’s appeals. He has until Aug. 28 to hear Moyle’s appeal and Aug. 29 to hear the appeals from Barron and Petersen — far past the signature collection deadline in all cases.

It is also unclear what arguments the commissioners might present at a hearing. Ninomiya, like the election commission, will only be asked to weigh in on whether or not the language on the petitions is clear and factual, not whether or not the recall has merit.

Moyle has stated, both at the clarity hearing and in an interview with the Daily Press, that he does not disagree with how clear the language is or the fact he voted to terminate DeSalvo’s contract.

“The language, as stated by the law, has to be clear and factual, and I thought their language was clear and factual, but I’m appealing on grounds of what I consider to be substantive issues not debating their language,” Moyle told the Daily Press shortly before filing his appeal.

Neither Petersen nor Barron attended the clarity hearing or have spoken publicly about the recall language.

Regardless of when the issue is decided, petitioners will need to collect 775 signatures for Petersen, 666 signatures for Moyle, and 1,001 signatures for Barron to place their names on the ballot.

In Michigan, a recall functionally triggers a special election, where the seated commissioners will have to face off against challengers. Challengers have 10 days to file to appear on the ballot after the signatures are verified and a recall election is announced. Political parties may nominate candidates and independent candidates may file qualifying petitions that are signed by voters in their district.