A day after the unofficial listing of Republican candidates for governor on the Aug. 4 ballot was set, two of the presumed frontrunners appear already headed for court.
Businessman Perry Johnson’s campaign announced on Wednesday, April 22, that he’s bringing a complaint against U.S. Rep. John James of Shelby Township, claiming that James is violating Michigan law by suggesting to voters in campaign material that he’s already Michigan’s governor.
The complaint − filed by one-time Republican state attorney general nominee Matt DePerno on behalf of the Johnson campaign in Ingham County Circuit Court − doesn’t appear to touch on the fact that polls indicate the comfortable majority of Michigan voters appear to comprehend that Gretchen Whitmer, a Democrat, is governor and not James. Instead, it relies on the insinuation it says is made by James on his website and other election materials, wherein they are emblazoned with the words, “John James” and beneath them, simply, “Governor.”
But for a want of a “for,” then, the Michigan public could have not only been saved any potential confusion but, presumably, also the lawsuit.
On the other hand, James has also had materials in the past that simply read “John James” and the word “Michigan” beneath that, so the “Governor” used in the same way may have seemed consistent with that (and possibly saved them the trouble and cost of redesigning the logo).
But Johnson’s campaign wasn’t having it.
“JAMES has not held, and does not currently hold, the office of Governor of Michigan,” the complaint reads. “JAMES is acting as he is the incumbent Governor with no indication that he is merely a candidate.”
DePerno and Johnson’s claim cites the section of state law that makes it a misdemeanor to use political material that “gives the impression that a candidate for public office is the incumbent, when in fact the candidate is not the incumbent,” and argues it causes “irreparable injury” to Johnson and an “unfair electoral advantage.” They want a judge to issue a temporary restraining order against James to be followed by an order telling him to 1) stop using the words in the way he is and 2) change his website, campaign material, etc. and 3) collect and destroy any of the offending campaign materials which have already been thrust upon the unwary public.
James’ campaign, for what it’s worth, wasn’t terribly impressed with the complaint.
“Perry Johnson’s desperate ploy here will be just as successful as the $30 million he spent opposing President Trump (when he briefly ran for president in the last election cycle). We wish him the best in getting on the ballot so he’s eligible to debate John James in the future,” said James campaign spokeswoman Hannah Osantowske, getting a rib in about Johnson not making the ballot in the 2022 gubernatorial election.
James’ campaign also posted on social media platform X a piece of campaign material from Johnson’s flirtation with running for president two years ago, also sans “for,” and simply saying “President 2024/Perry Johnson.”
“This you?” the post asks.
For what it’s worth, DePerno and Johnson’s complaint does cite at least one example of Michigan courts interpreting the state law “broadly to prohibit not only explicit statements of incumbency, but also campaign materials that create a misleading impression of incumbency.” It involved a Shiawassee County circuit judge race in the 1980s and a candidate who apparently referred to himself with the word “judge” in front of his name in campaign material, thereby potentially suggesting he was an incumbent.
It also referenced an informal State Bar of Michigan opinion, also from the ’80s, that said it was inappropriate for a judicial candidate to adopt the slogan “A Judge for a Change,” without saying who, if anyone, used the phrase, but arguing that putting the Judgeship before the Change might be misleading.
As to how well those judicial candidates were or weren’t known and if those examples translate to a race for the state’s highest office between a candidate (James) who has run statewide (for U.S. Senate, unsuccessfully) twice before, that will ultimately be up to the judge to decide.
Contact Todd Spangler: tspangler@freepress.com. Follow him on X @tsspangler.
This article originally appeared on Detroit Free Press: Perry Johnson sues John James over campaign materials in Michigan governor’s race
Reporting by Todd Spangler, Detroit Free Press / Detroit Free Press
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