CALUMET — A ballot petition that was filed with Calumet Village in August, 2021, is missing.

The petition was filed to enable village resident Peggy Germain to be placed on the ballot as a candidate for a seat on the village council in a special election scheduled for May, 2022. Virginia Dwyer also filed a petition for a seat on the council. There are currently two trustee vacancies, but so far, the council has not acknowledged the letters of interest from either Dwyer or Germain.

In August of last year, Germain circulated the petition and gathered six more signatures than the required minimum. She then submitted the petition to the village office.

Acting Village Manager Dave Geisler, who received the petition from Germain, gave Germain a receipt for the filing, and signed it, said Germain, as acting village clerk. From there, the document seems to have disappeared, and continues to be sought.

Germain said on Monday that she received an email from Village Manager Amber Goodman stating that Geisler said he remembered delivering the petition to the township office. However, the document has not been recorded as received at the township office, adding that Goodman stated she is reaching out to both the township clerk and the county clerk for further direction.

Germain said that Calumet Township Clerk Beth Salmela told her that she did not receive it.

The Daily Mining Gazette was unable to reach Salmela for comment, but did, however reach Houghton County Clerk Jennifer Kelly. Kelly said she is angry.

“Word came to me over the long weekend,” she said, “that the petitions Peggy Germain filed are missing, (after they) were received by Dave Geisler.”

Kelly said that Geisler signed the receipt as “acting clerk.” She does not know what “acting clerk” means.

She also said that Michigan General Law Village Act (MGLVA), as well as the village’s ordinance, requires that petitions be filed with the village clerk.

“So, if the village doesn’t have a clerk,” said Kelly, “we’ve got a problem.”

The portion of the MGLVA Kelly is referring to is under Chapter II, Section 62, which states:

“62.13 Vacancies; filling; special elections; procedure; expenses.

Sec. 13. A vacancy occurring in the office of president, trustee, or any other elective office shall be filled by appointment by the council, and the appointee shall hold office until the next regular village election. All vacancies in any other office shall be filled by the president, by and with the consent of the council. If by reason of removal, death, resignation, or otherwise, the membership of the council is reduced to less than a quorum, the remaining council members shall call a special election for the purpose of filling all vacancies in the office of trustee, if a petition signed by not less than 10% of the qualified voters of the village is filed with the village clerk within 10 days after the vacancy or vacancies occur.”

Kelly said she talked to Goodman telling her that she needs to instruct the village council to get a clerk.

“I mean, I’m beyond angry,” Kelly said. “The petition was filed back in August, and the township clerk, Beth Salmela, says she does not have it, but she has Virginia (Dwyer’s).”

Kelly said that Dwyer brought her ballot petition to the township office herself, adding that “Otherwise, I don’t know if the township would have anything.”

Kelly said she is angry with the village, because the law specifies very clearly that the (village) clerk must receive the petitions, then forward them to the township clerk, who is required to verify the signatures on the petition, then proceed with the next election date.

In August, 2020, when Germain submitted the signed petition to the village, Geisler was the acting village manager, said Kelly, and for him to have signed the receipt to Germain as “acting clerk” would be to establish double duties, or holding more than one public office.

“And if the law specifies the village needs to have a clerk,” Kelly said, “then, they have to have one. No exceptions.”

Kelly said she has spent many hours trying to track down the missing document. Kelly said as county clerk, she oversees the elections in Houghton County, which means she is the administrator for the entire county.

“I don’t know if a copy of the petition is allowed to be accepted by the township,” said Kelly, “because, No. 1, a copy can be an altered document, and I need the original, so I’m waiting for the state to call me back on that.”

In the meantime, she said, people are angry and demanding to know where the documents are. Kelly said Salmela told her regardless of what Geisler claimed, the township did not receive Germain’s ballot petition, to which Kelly replied that she needs to contact Geisler and make him aware that he needs to produce the document.