Clerks charged over dunes vote recount

GRAND RAPIDS, Mich. (WOOD) - The clerk and deputy clerk in Saugatuck Township face charges for not following state election laws during a recount of a millage vote about the Saugatuck Dunes.

Jane Wright, 52, and Lori Babinski, 44, are charged with a misdemeanor after they allegedly "willfully failed to certify that containers holding voted ballots from a Saugatuck Township election were properly sealed, despite acknowledging they were extensively trained in proper procedures required by Michigan Election Law," a release from Michigan Attorney General Bill Schuette's office said.

By two votes, voters in Saugatuck Township on May 4, 2010 passed a two-year, 0.5 mill tax hike to fund the township's defense in lawsuits filed by dunes owner Aubrey McClendon over his development plans.

A recall was proposed, but the Allegan County Board of Canvassers stopped the recount because the chain of custody seal used to store ballots did not match the number in the official election records.

The attorney general's office filed the charges after their investigation about the alleged improper handling of the voted ballots.

The AG's office said the women broke the seal on a box of ballots, then put another seal on, repeated that two more times and turned in the books as the original seal.

"After you put your ballots in there and all your neighbors put their ballots in there, it should be sealed and it should remain that way," said Jon Selleck, a spokesman for the office. "There's a very basic state law. This is the bottom-line thing a clerk does to ensure the integrity of an election. These clerks were well-trained and they blew it big time here. It's caused an election that was only decided by two votes to be unrecountable."

A statement released on May 28, 2010 by McClendon's group said the "recount for the May 4 Special Millage was tainted by multiple failures of the Saugatuck Township clerk to observe state election law. The Allegan County Board of Canvassers concluded today (Friday) that the ballots could not be recounted because the Township clerk failed to satisfactorily explain a missing seal on the transfer case used to secure the ballots. The Board also concluded the Township clerk failed to explain how the number on another seal was not properly recorded in the poll book."

Wright and Babinski, both of Fennville, face up to 90 days behind bars, a $500 fine or both. They're expected to be arraigned in Allegan County this week.

It is now up to the township what happens with the tax. The AG's office said the women's motives are not clear.