Dear Editor,

City attorney Thomas Ryan advised at a recent city council meeting Laura Rodgers is qualified to run for city council even though she has not lived in the City of the Village of Clarkston for more than a year.
Rodgers, one of the mayor’s preferred candidates, says she resides on Main Street in a house she admittedly moved out of in September 2020. Ryan, ignoring Michigan election law, says that’s OK. It’s not.
Here’s why: The city charter, § 4.3, says: “Each candidate for city office shall be a duly-registered elector in the City, and shall have been a resident of the City for one (1) year immediately prior to the election at which he/she is a candidate for office.” The Michigan Election Law defines residence for purposes of elections: “‘Residence,’ as used in this act, for registration and voting purposes means that place at which a person habitually sleeps, keeps his or her personal effects, and has a regular place of lodging.” MCL 168.11(1). Rodgers’ public blog says she packed up her personal effects and moved out of the house she claims is her residence in September 2020. The blog confirms she doesn’t “habitually sleep” there or have a “regular place of lodging” there, as she only visits the house periodically to check on the progress of construction.
Ryan confused “residence,” as defined in the election law, with “domicile,” which is a different legal concept—one that does not apply when there is a specific statutory definition of “residence” that applies. Courts in cases challenging residency of candidates for public office apply the statutory definition from the Michigan election law.
Laura Rodgers is not qualified to be a member of the Clarkston city council now. Votes cast for her should not be counted. If they are and if she wins a seat, she will be subject to an action to remove her from an office for which she is not qualified.

Sincerely.
Richard Bisio
Clarkston