Dykema Gossett PLLC

Capitol View
201 Townsend Street, Suite 900
Lansing, MI 48933
WWW.DYKEMA.COM
Tel: (517) 374-9100
Fax: (517) 374-9191
Steven C. Liedel
Direct Dial: (517) 374-9184
Direct Fax: (855) 259-3571
Email: [email protected]

April 26, 2022 Via Hand Delivery

Board of State Canvassers

Michigan Department of State
430 West Allegan Street
Lansing, Michigan 48918

Re:Sworn Complaint Questioning the Validity and Genuineness of Signatures Included

on Nominating Petitions Filed by Tudor Dixon Seeking to Qualify as a Candidate for
the Office of Governor

Dear Board Members:

On behalf of Maryanne Illman of 1532 Parkvale Avenue in East Lansing, Michigan, this complaint
is submitted pursuant to MCL 168.552(8) and questions the validity and genuineness of signatures
included on nominating petitions filed by Tudor Dixon of Norton Shores on or about April 19, 2022
seeking to qualify as a candidate for the office of governor (the “Dixon Petitions”). A sworn
statement from Ms. Illman is attached as exhibit A.

To qualify for the placement as a candidate at the August 2, 2022 primary elections, the Dixon
Petitions must include valid signatures from at least 15,000 registered voters and be signed by at
least 100 registered voters in at least half of the congressional districts within Michigan.1 Under
MCL 168.552(8), upon receipt of the Dixon Petitions, the Board of State Canvassers (the “Board”)
was required to “canvass the petitions to ascertain if the petitions have been signed by the
requisite number of qualified and registered electors.”2

This complaint sets forth the specific signatures included on the Dixon Petitions claimed to be
invalid and the specific petitions for which the complaint questions the validity and genuineness
of the signature or the registration of the circulator. Based upon the information included in this
complaint, Ms. Illman requests that the Board process the Dixon Petitions in a manner consistent
with the requirements of MCL 168.552(8).

1
MCL 168.53 and 168.544f.
2
MCL 168.522(8).

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119963.000002 4864-3275-2925.3
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April 26, 2022
Page 2

False Information in Heading of Dixon Petitions

As a threshold matter, apparently applicable to all of the Dixon Petitions, the heading included on
the Dixon Petitions includes inaccurate information that could mislead voters reviewing the text of
the petition. As highlighted in figure 1 below, the Dixon Petitions include the text “Governor” in the
heading above the space provided for “Title of Office”. Next to that text, the Dixon Petitions add
“(2026)” above the space provided for “Term Expiration Date”.

Figure 1.
Excerpt of Dixon Petition No. 218

While the Michigan Election Law does not require a gubernatorial candidate to provide a term
expiration date on a nominating petition, none of the other petitions filed by candidates for the
office of governor specify a year in the space for term expiration date like the Dixon Petitions. The
inclusion is problematic for three reasons: (1) it is an inaccurate statement as no gubernatorial
terms end in 2026;3 (2) it is misleading to voters reviewing the nominating petitions and may result
in prohibited duplicate signatures among gubernatorial candidates; and (3) it is inconsistent with
the requirements of the Michigan Election Law. For these reasons, the complainant challenges
all of the petitions filed by Tudor Dixon and asks that the Dixon Petitions be rejected as
noncompliant with the Michigan Election Law.

The Michigan Election Law mandates that nominating petitions be in the form detailed in MCL
168.544c.4 The Dixon Petitions include the inaccurate reference to calendar year 2026 within the
body of the mandatory statement made by each voter signing a petition: “We, the undersigned,

3
The Michigan Election Law is clear. A governor’s term ends at 12 noon on January 1 following
a gubernatorial election. The term of a governor elected in 2022 will begin on January 1, 2023
and end on January 1, 2027. Not at any time in calendar year 2026. MCL 168.63 provides: “The
terms of office of governor and lieutenant governor shall commence at 12 noon on January 1 next
following the election, and shall continue until a successor is elected and qualified. The terms of
office of the governor and lieutenant governor elected at the general election of 1964 shall be 2
years. The terms of office of the governor and lieutenant governor elected at the general election
in 1966 and every fourth year thereafter shall be 4 years.”
4
MCL 168.544c(1).

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April 26, 2022
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registered and qualified voters . . .”5 Inclusion of the year within that statement renders false the
entire statement made by voters signing the petition. Voters are not nominating a candidate for
the office of governor with a term ending at an unknown date in 2026. The addition of this
inaccurate text impermissibly alters a mandatory element of a nominating petition under the
Michigan Election Law. MCL 168.544c(8)(b) prohibits individuals from making a false statement
in a certificate on a petition.

While the Michigan Election Law permits deviations from requirements relating to petition form
requirements in limited specific instances,6 no provision of the Michigan Election Law permits the
inclusion of false, inaccurate, or misleading information in the heading of a petition. Consistent
with the guidance published by the Michigan Bureau of Elections (the “Bureau”) in Circulating
and Canvassing Countywide Petition Forms: Nominating and Qualifying Petitions7 (the “Manual”),
defects in the heading of a nominating petition that render an entire sheet invalid, “include, but
are not limited to [emphasis added] omission of the candidates name, residence address, party
affiliation (if applicable), the office sought, etc.”. The complainant challenges the Dixon Petitions
because the heading includes inaccurate and misleading information not permitted or excepted
by the Michigan Election Law. The unsanctioned addition of “(2026)” to the text of the petition
heading is a fatal defect and the petitions should be rejected.

Signatures from the Dead

Indicating that potential fraud may have occurred in obtaining signatures on the Dixon Petitions
in violation of the Michigan Election Law, the Dixon Petitions include at least 25 apparent
signatures from dead persons. Table 1 indicates the Bureau-assigned page stamp number and
petition line number for each apparent deceased person based upon the name and address
appearing on the Dixon Petitions and a search of public records relating to voting, including the
Department of State’s qualified voter file as it existed on April 1, 2022.

Table 1
Signatures from Apparent Dead Persons

Page Stamp Line Number

Number
9 3
92 3
109 2
208 8

5
MCL 168.544c(1).
6
See for example MCL 158.552a (permitting deviation on petitions from actual township or city
names in certain instances and use of mailing address instead of residential address in certain
circumstances).
7
Michigan Department of State, Bureau of Elections, Circulating and Canvassing Countywide
Petition Forms: Nominating and Qualifying Petitions (April 2020)
<https://www.michigan.gov/documents/SOS_ED105_County_Pet_Form_77019_7.pdf>
(accessed April 25, 2022).

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April 26, 2022
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Page Stamp Line Number

Number
526 8
622 6
768 2
964 3
1055 4
1092 4
1133 9
1140 6
2716 6
2808 9
2828 1
3110 8
3126 3
3176 9
3203 7
3295 8
3613 8
3653 6
3663 1
4216 2
4303 4

Dead persons are not eligible to vote in Michigan or capable of signing nominating petitions. Each
of the signatures identified in Table 1 and the petitions containing them are challenged and should
be voided as part of any canvass of the Dixon Petitions. The Board also should investigate
whether the inclusion of these dead individuals is an indication of more comprehensive fraud or
violation of the Michigan Election Law by circulators of the Dixon Petitions or others.

The Forgers and the Dixon Petitions

In a sworn complaint relating to nominating petitions filed by another candidate for governor,
James Craig, the complainant alleges that at least eight of the circulators for Craig forged or
permitted the forgery of 6,933 signatures on 710 petition sheets. All signatures on petitions
circulated by those circulators were challenged. One of those circulators, Stephen Tinnin of
Wixom, also circulated petitions for Tudor Dixon (see sheets no. 1135, 1136, 1137, and 1184). A
canvass of those petitions include similar indications of similar handwriting on multiple entries and
other visual indicators of potential forgeries. Given the questionable nature of the activities of the
circulator and the signatures collected, all of the signatures appearing on those petition sheets
are challenged.

It also is noted that on petition sheet 218 of the Dixon Petitions the circulator or another person
appears to have modified the city or township name for all signers on the petition sheet in violation
of the Michigan Election Law. The change for each signer appears to be made with the same
handwriting. (see figure 2).

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Board of State Canvassers
April 26, 2022
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Figure 2
Excerpt of Petition Sheet 218

All of the signatures on petition sheet 218 are challenged for this reason as are any signatures
included on a sheet circulated by the same circulator, Corey Jameson of Frederick, Maryland.

For the reasons stated in this complaint, we ask the Board to reject the Dixon Petitions as
noncompliant with the Michigan Election Law.

Thank you for your consideration of this information.

Sincerely,

Dykema Gossett PLLC

Steven C. Liedel

Attachments

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