Opinion
No. 126408 (4)(5).
June 25, 2004.
SC: 126408, COA: 256268, Saginaw CC: 04-52535-CZ-5.
On order of the Court, the motion for immediate consideration is GRANTED. The application for leave to appeal prior to decision by the Court of Appeals is considered, and, pursuant to MCR 7.302(G)(1), in lieu of granting leave to appeal, we REVERSE the June 21, 2004 order of the Saginaw Circuit Court. The Saginaw County Board of Election Commissioners is ORDERED to include intervening defendant Michael J. Goschka's name on the ballot as a Republican candidate for the office of Saginaw County Register of Deeds in the August 3, 2004, primary election. The circuit court erred when it held that Const 1963, art 4, § 9 prohibits the intervening defendant from seeking election to the position of Register of Deeds. Young v. Detroit City Clerk, 389 Mich. 333, 347-348 (1973). The intervening defendant is not responsible for any costs that may be incurred by the Saginaw County Board of Election Commissioners in complying with this order. The motion for stay is DENIED as moot.
Concurring statements will follow.