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The presidential campaign for Ohio Congressman Dennis Kucinich believes it has complied with the requirements supplied to its campaign by the Michigan Secretary of State and is now considering its legal options in an effort to be removed from the state’s Jan. 15, 2008 primary ballot.
Ken Silfven, a spokesman for the Michigan state office, said earlier this morning that the Kucinich campaign did not follow proper procedures while submitting an affidavit to remove the candidate from the ballot. Specifically, according to Silfven, Michigan law requires an affidavit be signed by the candidate and notarized.
The campaign contends that it followed the directions supplied by the Michigan agency.
In a Sept. 13 letter to the Kucinich campaign, Secretary of State Terri Land wrote, “If you do not wish to appear on Michigan’s Presidential Primary ballot, you may withdraw by filing a sworn statement expressing your desire to have your name removed from the ballot. The affidavit must be on file with the Michigan Department of State’s Bureau of Elections no later than 4:00 p.m. (E.S.T.) on Tuesday, October 9, 2007.”
The Kucinich campaign faxed a letter, notarized by Justice of the Peace Alan Greene and signed by Campaign Manager Mike Klein. The Michigan office acknowledges this document was received with a 3:02 p.m. time-stamp.
“I am the national campaign manager for Dennis Kucinich and I am responsible for all ballot access activity for the campaign,” wrote Klein. “I affirm with this notarized statement that we do not want to participate in the Michigan Democratic Primary.”
Roughly 30 minutes later, the campaign faxed a second letter, this one signed by Kucinich. This letter reads, “With this communication I affirm that I wish to withdraw my name from the ballot of the Michigan Democratic Primary.”
The second statement came from the Congressman himself “to attest to and corroborate the legitimacy of the sworn statement by his campaign manager — just in case there were any questions as to whether Klein had the authority to submit a sworn statement on behalf of the candidate,” said Andy Juiewicz, the campaign’s national spokesman.
The Michigan Bureau of Elections has indicated that in order for Kucinich to be removed from the ballot, his campaign will need to begin litigation. Juniewicz says that is something the campaign will consider.
“We believe we have complied with the language, the intent and the spirit of the legal requirements that were supplied to our campaign in the September 13 letter,” he said. “It is unfortunate that the Republican Secretary of State’s office has chosen to interpret this matter differently.”
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