Officials baffled over tampering charge

SAUGATUCK TOWNSHIP, Mich. (WOOD) - There is no question in the mind of Michigan Attorney General Bill Schuette that Saugatuck Township's election clerk and deputy clerk were up to no good when it came to a recount of a razor-thin vote over development of dunes property.

But Saugatuck Township officials said the Attorney General's office overstepped its bounds by criminally charging clerk Jane Wright and her deputy, Lori Babinski, with ballot tampering.

The case involves an effort to stop the development of property owned by Aubrey McLendon on the Saugatuck sand dunes and whether taxpayers should pay the legal bills to defend lawsuits filed by McLendon.

A ballot proposal in May 2010 passed by two votes.

The AG's office handed down misdemeanor charges Thursday against Wright, 52, and Babinski, 44.

"These kind of charges are pretty rare, so it should send a strong signal to people that says something happened here that just wasn't right," said John Sellek, a spokesperson for Schuette. "It wasn't just a mistake, it was something bigger than that and it needs to be corrected."

But township officials are baffled by the charge.

A circuit court judge, who ruled on the validity of the election, found "no fraud, illegal voting or tampering." And the township said a report filed by the state's Bureau of Elections vindicates Wright and Babinski, saying there was no evidence of intent.

"For a criminal violation, there has to be motive," Saugatuck Township attorney Ronald Bultje told 24 Hour News 8. "It has to be intentional and a knowing violation that has to be proved."

The dispute centers on what happened after the election on May 4, 2010. Wright said she broke the seal at the direction of the Allegan County clerk. There were emails telling local clerks to unlock election canisters for inspection.

"Why is the attorney general going after one township clerk who relied on information from the county clerk's office when the same information was given to otherr township clerks?" Bultje said.

Schuette's office said it has no further comment.

Meanwhile, the Michigan Chamber of Commerce filed a brief defending development on private land, and said taxpayers are now victims in a botched election.