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Bogaert v. Land : ウィキペディア英語版
Bogaert v. Land

''Bogaert v. Land'' is a federal lawsuit filed on July 18, 2008 in the United States District Court for the Western District of Michigan by Rose Bogaert against Terri Lynn Land in Land's official capacity as Michigan Secretary of State. Bogaert claims that her rights under the U.S. Constitution were violated by MCL 168.957, the Michigan statute that forbids recall signatures to be collected by people who live in a district other than the district of the legislator whose recall is sought. The action filed by Bogaert is a 42 U.S.C. 1983 civil rights action.
==Background==
Land's office had previously determined that Bogaert's petition drive to place a question on the August 5, 2008 ballot to remove Dillon from office had fallen short by 776 signatures. 2,053 signatures that Land determined to be invalid were said to be invalid solely on the basis of the circulator's out-of-district status.
The lawsuit says that MCL 198.957 is unconstitutional and therefore should be disregarded as a proper basis for invalidating these signatures. If a federal judge agrees, the signatures could be reinstated and a recall election could be called.
Since it is too late for the recall question to go on the August ballot, the petition filed by Bogaert requests that the recall action be placed on the November 4, 2008 ballot.
Dillon's name is expected to be on the ballot as he seeks his final term in office in the Michigan state legislature. If this lawsuit succeeds, Dillon's name could be on the November ballot twice--once as a regular candidate and once as the subject of a recall election.
In that case, if Dillon wins his re-election, he could also simultaneously be recalled from the term he is currently serving, which ends in January 2009.

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
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