A normally quiet Downriver Democratic primary has turned into a bitter paperwork brawl after one candidate asked election officials to force his transgender opponent to use her prior name on official documents. Former state representative Frank Liberati is challenging fellow Democrat Joanna Whaley’s filings, arguing she failed to list a former name on her affidavit of identity. Whaley counters that her name was legally changed, calls the move an attempt to deadname and knock her off the ballot, and remains a candidate for the August primary.
Formal Complaint Zeroes In On Whaley's Paperwork
Liberati filed a formal challenge with the Wayne County Clerk, alleging that Whaley did not disclose a previous name when she submitted paperwork to run for Michigan’s 2nd House District, according to Michigan Advance. His complaint cites a 2023 name-change petition and asks election officials to require Whaley’s former name to appear on her ballot-related documents. The filing also urges county officials to rule Whaley ineligible unless her affidavit of identity is amended.
Whaley Says Her Name Change Is Already Final
Whaley says she went through the legal process to change her name in Wayne County and that follow-up court records were approved and then sealed for safety, according to CBS Detroit. “This is kind of an old school trick because my name had changed legally, he wanted my dead name or my old name to show up on the ballot,” she told reporters. Campaign emails shared with reporters also show Whaley corresponding with election officials about using a common-law name on her candidate filings.
What Michigan Law Actually Says
Under Michigan election law, “the candidate shall include on the affidavit of identity the candidate's full former name” if the name in use differs from the one given at birth. The statute, however, includes exceptions for long-ago changes, marriage, divorce and common-law name usage. Those requirements, along with the procedures for county clerks to review affidavits and for candidates to appeal clerk decisions, are laid out in MCL 168.558 and related sections of state law, per the Michigan Legislature. The statute also outlines how disputes over affidavits can move up the chain for further review.
Advocates And Lawmakers Push Back
Jay Kaplan, an attorney with the ACLU of Michigan, has said Whaley satisfies the common-law criteria that would allow her to use her current name on the ballot, according to Michigan Advance. Democratic lawmakers and LGBTQ organizations have slammed the complaint as politically motivated and discriminatory. The Michigan Legislative LGBTQ+ Caucus labeled the filing “meritless” and a form of transphobia, Advocate reported. Supporters of Whaley argue the fight drags attention away from day-to-day concerns of voters and turns the race into an identity battle.
What Happens Next
The Wayne County Clerk’s office is still reviewing the complaint, and officials have not said when they will issue a decision. Whaley remains on the August Democratic primary ballot in the meantime, according to CBS Detroit. Liberati did not respond to reporters’ requests for comment. If a clerk decides to disqualify a candidate, Michigan law provides a short window for the candidate to ask the Secretary of State to review that decision, as outlined by the Michigan Legislature.
