WMUK reported last week that the race between Republican Steve Frisbee and Democratic incumbent Jim Haadsma in the state House District that includes Battle Creek was still in question.
On Wednesday, the Calhoun County Board of Canvassers was sued by the Frisbee campaign seeking to stop the count.
The dispute involves re-tabulating absentee ballots from Battle Creek. A programming error on Election Day meant about half of the city’s mail-in ballots weren’t included in the unofficial results.
Initial unofficial results had Frisbee leading Haadsma by almost 1,400 votes. After the error was discovered on Thursday night, and the uncounted absentee ballots were added to the unofficial result, the gap between the two candidates was significantly reduced. The Calhoun County’s Election website now has Frisbee ahead by 58 votes.
Chris Trebilcock, an attorney who represents Haadsma, said the Calhoun County Board of Canvassers is doing exactly what the law requires it to do.
“The process allows for correction. Correction by the board of canvassers. Correction through a recount that may flip votes here or there when you do a hand recount,” Trebilcock said.
“Quite frankly, this type of frivolous election litigation needs to stop. Calhoun County deserves better.”
Late Wednesday, Calhoun Circuit Judge John Hallacy denied the Frisbee campaign’s request to stop re-tabulating the votes.
“I think this lawsuit should be dead on arrival. Quite frankly at looks like something Rudy Giuliani helped draft,” Trebilcock said, adding that “the bipartisan Calhoun County Board of canvassers already voted unanimously, twice, to reject the arguments put forward.”
Frisbee’s campaign did not respond to WMUK's request for a comment.