(Source: MIRS.news, Published 11/13/2024) A Calhoun County House candidate filed a lawsuit Wednesday asking a court to stop the Board of County Canvassers' re-tabulation of Battle Creek’s absentee ballots in the 44th District House race. The judge, however, ordered the re-tabulation to continue. 

Initially, Republican Steve Frisbie, who currently serves on the county commission, was believed to have bested Rep. Jim Haadsma (D-Battle Creek), 50.2% to 46.6%, but an additional 2,800 previously uncounted votes were discovered – cutting Frisbie’s lead from 1,381 votes to 58 votes.  

The lawsuit, filed in circuit court by Frisbie’s attorneys, Cole Vincent Lussier and Daniel Ziegler, described the filing as an “emergency election case” and requested “immediate relief.” 

Circuit Judge John A. Hallacy quickly denied Frisbie's motion. 

In a statement from the Michigan Democratic Party, Haadsma said Frisbie's move disenfranchises thousands of voters in the county’s largest city, where the Board of Canvassers unanimously approved a motion Tuesday to direct city Clerk Victoria Houser to re-tabulate absentee ballots. 

That move came after reports that the Calhoun County clerk reported an error in processing absentee ballots following the Nov. 5 General Election. 

“I want to see every vote accurately counted, regardless of whether it impacts the results of the election,” Haadsma said in a statement. “Confidence in our elections is essential to the health of our democracy, and the people of Battle Creek deserve to know that every effort was made to ensure the accurate tabulation of their votes.” 

Messages to Lussier, Ziegler and county Clerk Kimberly Hinkley were not returned.  

Efforts to reach the city clerk were not successful as the office is closed Wednesday for the re-tabulation. 

Haadsma’s team said in a statement that the re-tabulation was halted late Wednesday morning after local officials learned about the lawsuit, but an hour later, the BOC took a second unanimous vote to direct election workers to resume the re-tabulation of the 7,413 absentee ballots cast in Battle Creek. 

Meanwhile, the county clerk's office completed the re-tabulation around 6:30 p.m., but didn't expect to have the final canvass completed until Thursday or Friday. 

Hinkley said the results will not be uploaded to the county website until the Board of Canvassers completes its duties.