To Lose Election

read by Council member Jaimie Kenworthy, the Dems pointed out that the GOP had waited until Stephenson lost the election to challenge preferential voting, instituted by the people last November.

"Now that the final score is in the Republicans have decided they want to change the rules of the game," he said. "We do not think it is a democracy when those in power use their votes and muscle to keep themselves in power. ..It is time that we again recognize that there are some things in politics one just doesn't do."

Meanwhile, the election results have moved into the jurisdiction of the County Board of Canvassers as required by state law when the city board does not certify the election within fourteen days. The county Board is likely to accept the decision of Judge Fleming, although they are not bound by city election procedure.

ERNST RESIDENCY CLOUDED

To further confuse the case, former GOP council member John McCormick turned over documents to the city police purporting to prove Human Rights Party candidate Carol Ernst was not a city resident at the time of the election. Officially registered at an address on North Main Street, Ernst was also listed on a lease for a house outside Ann Arbor city limits. Police have been investigating the charges, and results were given to county prosecutor William Delhey late Thursday. John Hansen of the prosecutor's office said no decision was likely to be made until next week on whether to prosecute Ernst, and that more investigation would probably be required.

Ernst said she was living at the Main St. address, although she did spend time at the other house. According to Delhey, it is a question of "domicile," as many people own or rent more than one place.

The Republicans have used the residency question to try and get Ernst 's second choice votes invalidated.

"They're just making smoke," said Ernst of the Republican charges. "It's an attempt to get as much smear publicity as they can - they have little regard for people and have no integrity."

With Judge Fleming's ruling, the Republican's "smoke" should be cleared. One city official predicted the ruling would be in Wheeler's favor, since preferential voting was the system approved by Ann Arbor residents. However, the GOP is sure to appeal such a ruling, possibly all the way to the US Supreme Court.

"The GOP and the Ann Arbor News have been trying for three weeks to convince people that preferential voting is a 'mess.' " said one political observer. "What is a mess is the Republican attempt to subvert the democratic election process of this city. It sure looks bad for a conservative white man to prevent a liberal black from assuming the office to which he was duly elected. But for all the excuses the Republicans have used, no one is fooled that the real issue is they don't want to give up power."