RALPH REBANDT V BOARD OF STATE CANVASSERS

Court of Appeals, State of Michigan
ORDER
RALPH REBANDT V BOARD OF STATE CANVASSERS
Docket No. 380992
Michael F. Gadola
Presiding Judge
Adrienne N. Young
Randy J. Wallace
Judges
The motion to expedite consideration of the complaint is GRANTED.
The motion for immediate consideration is GRANTED.
The motion to file a reply brief is GRANTED and the brief filed on June 3, 2026 is ACCEPTED.
The complaint for mandamus is DENIED. The language of the statutory scheme determines
whether the Legislature’s grant of authority included by implication the power to use sampling to determine the
sufficiency of the petitions. See Mich Muni Liability and Property Pool v Muskegon Co Bd of Co Rd Comm’rs,
235 Mich App 183, 191 (1999). When read together, MCL 168.552(8) and MCL 168.552(13) authorized the Board
to “canvass the petitions” at issue “to ascertain” whether there were sufficient valid signatures by reference to the
qualified voter list using methods other than a signature-by-signature review. Consequently, the Board did not act
ultra vires by using statistical sampling to invalidate signatures without specifically examining each signature and
comparing it to the qualified voter file. Plaintiff failed to establish that he has a clear, legal right to performance of
the specific duty that he has sought. See Johnson v Bd of State Canvassers, 341 Mich App 671, 685 (2022).
To the extent that plaintiff has also requested declaratory relief incident to his complaint for
mandamus, the requests are DENIED.
The complaint for superintending control is DENIED for lack of jurisdiction. See MCR
7.203(C)(1).
_______________________________
Presiding Judge

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