Judge Directs District 2’s Primary to Proceed Amid Confusion About Seat’s Status

An effort to stay the Primary election for the Monroe County Commission District 2 seat failed in court Thursday July 31.

From her courtroom in Washtenaw County, Judge Carol Kuhnze said it was in the best interest of residents of Monroe County for the Primary election Tuesday Aug. 5 to continue, even as the decision of whether Mark Brant retains his seat remains to be determined. Brant won the election last November just before starting time in federal prison.

If the courts stopped the election and later found that Brant is not eligible to serve as commissioner “that district will go another year without representation,” Kuhnze said. “1 of 9 people in Monroe have gone unrepresented,” she added. Kuhnze acknowledged there was potential that the one elected might not take a seat, if Brant wins his case, however she felt that was a lesser harm than that done to voters by canceling the election.

After all the Monroe County judges recused themselves from the case, Kuhnze was assigned to determine Mark Brant vs. Monroe County Board of Commissioners. Both lawyers and their clients attended the meeting via Zoom from the Monroe County courtroom and other locations.

In court, Kuhnze also determined Brant cannot sit on the dais, conduct county business and otherwise act as a commissioner until a final decision on his status has been determined. She said that reduced potential harms because if he is later found not to be a commissioner any business he engaged in would come under scrutiny.

After spending the first six months of what would have been his term as county commissioner in prison, Brant attended the July County Commission meeting and sat in the dais, accessing a county computer. However, in February the county had previously relied on a legal opinion of their attorney that Brant was not a qualified elector since he was in prison and lost his seat by operation of law.

Judge Kuhnze said it would have been ideal if the county brought the issue to court for clarification sooner, and that the “case is ripe for decision.”

She asked if both parties were ready for a final decision on Brant’s status, based on information already submitted. The county’s attorney Phil Goldsmith said he would be ready. However, Brant’s attorney Brett Swearingen asked for time to submit more documents.

Both lawyers are scheduled to provide additional briefs to the judge during August, after which the judge will determine whether to hear oral arguments. Then Kuhnze will make a final decision on whether the law sides with Brant’s position that he is a commissioner or the county’s position that he was removed by law.

Read more about the District #2 race:

Can Ex-Commission Chair With Prison Sentence Hold District 2 Seat? Washtenaw County Judge to Decide 

Three Candidates Seek to Represent Voiceless Southeast Michigan District