Rep. Bezotte threatens legal action over being removed from the Aug. 6 GOP primary ballot

Rep. Bob Bezotte speaking on the House floor | House GOP photo

The lawyer representing a legislator from Livingston County says his client’s legal right to be on the August primary ballot is “clear and indisputable.”

Incumbent state Rep. Bob Bezotte (R-Howell) of the 50th District had been ruled ineligible for the ballot earlier this month by Livingston County Clerk Elizabeth Hundley following a filing made April 24 by Brighton attorney Dan Wholihan alleging Bezotte did not use the correct address on his affidavit of identity (AOI).

Currently, the race for the Republican nomination in the 50th District is between Jason Woolford, Kristina Lyke and Dominic Restuccia. Austin Breuer is the lone Democrat seeking the seat. Wholihan, who filed the complaint, is married to Lyke. He is also the chair of the 7th District GOP.

In a letter sent Monday to Hundley, attorney Michael J. Pattwell with the Lansing-based Clark Hill law firm said the clerk’s office “committed clear factual and legal error in making its erroneous finding” and requested a reconsideration of the decision.

At issue is the Marion Township home that Bezotte and his estranged wife, Sheila Bezotte, had lived in for more than 20 years prior to her seeking a divorce last November, alleging “mental, emotional and physical abuse throughout the years of marriage.” Rep. Bezotte has denied there was any abuse.

Bezotte listed that address as his residence on his AOI, and the address of his daughter as his mailing address. An affidavit by Sheila Bezotte that was filed with Wholihan’s complaint stated Rep. Bezotte had moved out of the home he shared with his wife in December and was residing at their daughter’s home nearby. Both residences are within the 50th District. 

Pattwell said it was “not true” that Bezotte had moved out of the couple’s home, as Sheila had the locks changed while he was out of town visiting his sisters. He also noted that almost all of Bezotte’s personal effects remained at the residence including collections of firearms and sports memorabilia, a “prized” 1930 Ford Model A two-door coupe, and a dog named Shelby, who Pattwell said Bezotte missed dearly. 

“It is well-established Michigan law that one does not abandon one’s residence by temporarily residing elsewhere,” asserted Pattwell, who cited both an 1876 ruling by the Michigan Supreme Court and a 1976 opinion from former Michigan Attorney General Frank Kelley, which determined that one’s residence was defined as “the place where a person has his or her permanent home” and “[t]hat place continues to be the domicile of a person unless he or she renounces it and takes up another domicile in its stead.”

Additionally, Pattwell said because Bezotte listed both addresses on his AOI, he had met the requirement listed in the pertinent statute; MCL 168.558(2), which simply requires an “affidavit of identity must contain the candidate’s name and residential address. …” 

“There is no dispute that Representative Bezotte either resides at his long-term Residence or, as alleged by Mr. Wholihan, at his Daughter’s home a few miles away,” wrote Pattwell. “Notably, and in complete transparency to the voters of the 50th District, Representative Bezotte listed both addresses on his Affidavit of Identity …”

Pattwell said that Hundley’s office had “overreached beyond its statutory authority” on disqualifying Bezotte and not only requested a reconsideration of her decision, but a public retraction as well.

“Further, because your office has falsely and publicly accused Representative Bezotte of perjury, Representative Bezotte demands a retraction,” stated Pattwell. “In Michigan, it is illegal to falsely accuse a public official of committing a crime if such accusation is made with actual malice. Upon information and belief, you have expressed personal dislike for Representative Bezotte and are on notice through the records of the public separation proceeding that he intends to maintain his residency.”

Pattwell also indicated that legal action to “institute appropriate legal action and recovery of costs” was possible if Bezotte’s name was not certified to the Board of Election Commissioners by Wednesday.

A request for comment has been sent to Hundley, but has not been returned.

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