By Zach Gorchow
Gongwer News Service
Persons who go by a common law name instead of the one they were born with or one they adopted after marriage need not list that name on paperwork when filing for office, the Michigan Court of Appeals has ruled.
The issue arose this year when two trans women filed to run for the House under their common law name and other filed legal challenges saying they failed to comply with state law requiring persons who have legally changed their names in the past 10 years to indicate their prior name on campaign paperwork so it can be listed under their ballot name.
In the 2nd House District, Democrat Frank Liberati of Allen Park filed a challenge with the Wayne County Clerk’s Office for one of his opponents, Joanna Whaley, contending she should have included her prior name, sometimes called a deadname. The clerk’s office rejected the challenge.
Perennial litigant Robert Davis similarly challenged Toni Price Mua, a trans woman running in the 9th House District. The Wayne County Clerk’s Office also rejected this challenge.
Davis filed suit in the Court of Claims on that matter and others. The court affirmed the clerk’s finding.
In an unpublished per curiam decision, the Court of Appeals unanimously ruled in Davis v. Secretary of State (COA Docket No. 380909) that the Michigan Election Law clearly allows an exception to the 10-year rule for common law names.
The law allows a candidate to use a common law name used in accordance with Department of State guidelines for the use of a common law name on a driver’s license or state identification card and in such situations does not need to list their prior name, or deadname.
“The statute reflects the Legislature’s intent to authorize the use of common-law names used in accordance with Department of State guidelines,” the court wrote.
Judge Adrienne Young, Judge Mark Boonstra and Judge Andrew Lievense signed the opinion.
Gongwer News Service
Persons who go by a common law name instead of the one they were born with or one they adopted after marriage need not list that name on paperwork when filing for office, the Michigan Court of Appeals has ruled.
The issue arose this year when two trans women filed to run for the House under their common law name and other filed legal challenges saying they failed to comply with state law requiring persons who have legally changed their names in the past 10 years to indicate their prior name on campaign paperwork so it can be listed under their ballot name.
In the 2nd House District, Democrat Frank Liberati of Allen Park filed a challenge with the Wayne County Clerk’s Office for one of his opponents, Joanna Whaley, contending she should have included her prior name, sometimes called a deadname. The clerk’s office rejected the challenge.
Perennial litigant Robert Davis similarly challenged Toni Price Mua, a trans woman running in the 9th House District. The Wayne County Clerk’s Office also rejected this challenge.
Davis filed suit in the Court of Claims on that matter and others. The court affirmed the clerk’s finding.
In an unpublished per curiam decision, the Court of Appeals unanimously ruled in Davis v. Secretary of State (COA Docket No. 380909) that the Michigan Election Law clearly allows an exception to the 10-year rule for common law names.
The law allows a candidate to use a common law name used in accordance with Department of State guidelines for the use of a common law name on a driver’s license or state identification card and in such situations does not need to list their prior name, or deadname.
“The statute reflects the Legislature’s intent to authorize the use of common-law names used in accordance with Department of State guidelines,” the court wrote.
Judge Adrienne Young, Judge Mark Boonstra and Judge Andrew Lievense signed the opinion.
––––––––––––––––––––
Subscribe to the Legal News!
https://www.legalnews.com/Home/Subscription
Full access to public notices, articles, columns, archives, statistics, calendar and more
Day Pass Only $4.95!
One-County $80/year
Three-County & Full Pass also available
