Christian G Charette v. Secretary of State

CourtMichigan Court of Appeals
DecidedMay 8, 2025
Docket371959
StatusUnpublished

This text of Christian G Charette v. Secretary of State (Christian G Charette v. Secretary of State) is published on Counsel Stack Legal Research, covering Michigan Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Christian G Charette v. Secretary of State, (Mich. Ct. App. 2025).

Opinion

If this opinion indicates that it is “FOR PUBLICATION,” it is subject to revision until final publication in the Michigan Appeals Reports.

STATE OF MICHIGAN

COURT OF APPEALS

CHRISTIAN G. CHARETTE, UNPUBLISHED May 08, 2025 Plaintiff-Appellant, 1:42 PM

v No. 371959 Court of Claims SECRETARY OF STATE, LC No. 24-000083-MZ

Defendant-Appellee.

Before: MURRAY, P.J., and M. J. KELLY and N. P. HOOD, JJ.

PER CURIAM.

Plaintiff, Christian G. Charette, appeals by right the order of the Court of Claims granting summary disposition under MCR 2.116(C)(8) (failure to state a claim on which relief can be granted) to defendant, Secretary of State, on Charette’s claims that defendant wrongfully failed to remove Adam Stathakis, a competing candidate for state representative in the 22nd District, from the ballot for the August 2024 primary election. We affirm because the Court of Claims did not err when it determined that Charette’s complaint sounded in mandamus and that he was not entitled to mandamus relief.

I. BACKGROUND1

This case arises out of Charette’s attempt to remove Stathakis from the August 2024 ballot. Charette and Stathakis were candidates for state representative for the 22nd District, which covers part of Wayne County. In March 2024, Stathakis filed an affidavit of identity in which he stated that he was running for the office of State Representative in the 22nd District in the primary election on August 6, 2024, and the general election on November 5, 2024. As part of the affidavit

1 On appeal, Charette has attached numerous documents that are not part of the lower court record. The lower court record consists of the documents and exhibits filed in the Court of Claims. See MCR 7.210(A)(1). A party may not attempt to expand the lower court record on appeal to support an argument. Dep’t of Environmental Quality v Morley, 314 Mich App 306, 318; 885 NW2d 892 (2015). Therefore, we decline to consider these documents.

-1- of identity, Stathakis certified that he had filed all statements and reports required by the Michigan Campaign Finance Act (MCFA), MCL 169.201 et seq.

Charette filed a complaint in the Court of Claims, alleging that Stathakis had submitted an affidavit of identity that did not comply with election law. Specifically, Charette alleged that he had heard from “a reliable source” that Stathakis had failed to document campaign contributions as required. Charette asserted that Stathakis had reported accepting $500 from the Macomb Families and Business Coalition, which was not a state-registered political-action committee. He further alleged that Stathakis was required to return the money but had not done so. Charette also asserted that, during meetings, Stathakis claimed that his campaign had raised $100,000 but his campaign filing statements identified the amount as a personal loan. On the basis of Charette’s estimations of Stathakis’s likely income and debt-to-income ratio, Charette did not believe the loan to be valid.

Charette alleged that Stathakis had likely perjured himself by signing his affidavit of identity and might be ineligible to appear on the primary ballot. He asserted that defendant had a clear obligation to halt Stathakis’s certification or remove his name from the August 2024 primary ballot.

Charette sought a “declaratory judgment.” But as part of his request for relief, he asked the Court of Claims to order defendant to remove Stathakis from the primary ballot and to “turn this matter over to the Michigan Department of Attorney General for further inquiry.”

Defendant moved for summary disposition under MCR 2.116(C)(8), arguing that Charette’s claim for declaratory relief actually sounded in mandamus and that his complaint provided no factual or legal support for the proposition that defendant had the duty to strike Stathakis’s name from the primary ballot. Defendant also argued that mandamus relief was unavailable because Charette had other legal remedies available to him. In response to defendant’s motion, Charette argued that the Court of Claims was required to accept his allegations as true for the purposes of a motion for summary disposition under MCR 2.116(C)(8) and that defendant had the duty to enforce election law, including by requiring a candidate’s affidavit of identity to comply with the MCFA. Charette also argued that there was no other relief available to him because of time constraints and procedural limitations.

The Court of Claims granted defendant’s motion for summary disposition under MCR 2.116(C)(8). In its written opinion, the Court of Claims concluded that Charette’s claim for declaratory relief actually sounded in mandamus because Charette had sought an order directing defendant to strike Stathakis’s name from the ballot. It then determined that Charette’s complaint was deficient because it was based on inferences, and there was no indication that Charette had personal knowledge of the evidence or that he could provide it in an admissible format. The Court of Claims further determined that Charette had not established that he had a clear legal right to have Stathakis’s name stricken from the ballot and, absent Charette’s establishing a clear legal right on his part or a clear legal duty on defendant’s, he had not stated a claim on which relief could be granted.

This appeal followed.

-2- II. MOOTNESS

First, defendant argues that this Court should not hear Charette’s appeal because the appeal is moot. We disagree in part. Although the case is moot, we exercise our discretion to address the merits of the underlying issue. See Davis v Secretary of State, 346 Mich App 445, 460-461; 12 NW3d 653 (2023) (addressing a moot issue of public significance on the basis of its likelihood to recur but evade judicial review).

This Court reviews de novo whether an issue is moot. In re Tchakarova, 328 Mich App 172, 178; 936 NW2d 863 (2019). Under de novo review, this Court reviews legal issues without deference to the lower court. Wright v Genesee Co, 504 Mich 410, 417; 934 NW2d 805 (2019).

“An element of the authority granted to courts under Article VI of the Michigan Constitution is that courts will not reach moot issues.” K2 Retail Constr Servs v West Lansing Retail Dev, LLC, ___ Mich App ___, ___; ___ NW3d ___ (2025) (Docket No. 367762); slip op at 11. “One of the most critical aspects of judicial authority, as opposed to legislative or executive authority, is the requirement that there be a real controversy between the parties, as opposed to a hypothetical one.” In re Detmer/Beaudry, 321 Mich App 49, 55-56; 910 NW2d 318 (2017) (quotation marks and citation omitted). “An issue is moot when this Court’s decision can have no practical effect on a controversy or it is impossible for this Court to fashion a remedy.” K2 Retail Constr Servs, ___ Mich App at ___; slip op at 12.

However, even if moot as a practical matter, this Court may consider a legal issue that is one of public significance that is likely to recur but evade judicial review. Gleason v Kincaid, 323 Mich App 308, 315; 917 NW2d 685 (2018). An issue is likely to recur yet evade judicial review when “the transitory nature of a particular controversy would render the issue moot before a party could obtain appellate review.” People v Richmond, 486 Mich 29, 40; 782 NW2d 187 (2010). “[L]egal questions affecting election ballots, such as [affidavit of identity] requirements, are the classic example of issues that the courts will nevertheless review because they are matters of public significance that are likely to recur yet evade judicial review.” Davis, 346 Mich App at 460-461.

In Davis, 346 Mich App at 450-452, this Court considered a case in which the plaintiff alleged that several challenged candidates failed to accurately complete affidavits of identity.

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Bluebook (online)
Christian G Charette v. Secretary of State, Counsel Stack Legal Research, https://law.counselstack.com/opinion/christian-g-charette-v-secretary-of-state-michctapp-2025.