Wainscott v. Hillsdale County Board of Elections et. al

Hillsdale County Circuit Court Case No. 18-863-AW (March 2019). Plaintiff was an unsuccessful candidate in a city council election who sought leave to file a post-election petition for writ of quo warranto to declare him the winner of the election.  He contended that the County Board of Elections and County Clerk should have disqualified his opponent from appearing on the general election ballot because his opponent allegedly did not satisfy the City’s residency requirement.  The County successfully opposed the application. The Court held that the application was barred by the doctrine of latches since the plaintiff could have challenged his opponent’s affidavit before the primary election, or between the primary and general election before ballots were printed.  In addition, the City Council had already determined not to seat the election winner and to schedule a special election, which mooted the plaintiff’s request for relief.