Downriver Democrat Files Ballot Complaint Against Trans Primary Opponent
Former state representative challenges transgender clergy member’s ballot filing, claiming election law violation over name requirements.
LINCOLN PARK, MICHIGAN — A former state representative has filed a campaign complaint against his transgender primary opponent, alleging she violated election law by not listing her former name on required campaign documents.
Frank Liberati, who represented Michigan’s 13th House District from 2015 to 2021, filed the complaint Tuesday with the Wayne County Clerk’s office against Joanna Whaley, a clergy member from Lincoln Park. Both candidates are seeking the Democratic nomination for Michigan’s 2nd House District in the upcoming primary.
The complaint alleges that Whaley violated state campaign law by failing to list her deadname on her affidavit of identity when filing to run for office, citing a 2023 dismissed name change petition.
Legal Name Change Completed
Whaley disputed the allegations, explaining that she did legally change her name despite the initial court proceeding lapsing in 2023. She returned to court at a later date to complete the legal proceedings, with those court records sealed for her safety as a public figure.
Jay Kaplan, the LGBTQ+ Rights Project staff attorney for the ACLU of Michigan, said Whaley qualifies to have her name on the ballot as a “common law name,” or the name a person is generally known by. Whaley has used the name Joanna for approximately five years.
Michigan Election Law Requirements
Current Michigan law “requires a candidate to be listed on a ballot with their current name and former name, if the candidate is ‘required to indicate a name change on the affidavit of identity under section 558,'” Kaplan explained. However, exemptions to that rule include names that “constitute a common law name as provided in section 560b.”
Section 560b establishes guidelines for ballots that mirror the Michigan Secretary of State’s requirements for using a common law name on a driver’s license or personal ID card. These guidelines state that “a person would have to show documentation of regular, ongoing use of that name, not for fraudulent intent. We prefer that a person has been using said name for at least six months.”
Under those statutes, Kaplan said, Whaley’s situation should satisfy the requirements to avoid listing her deadname on the ballot alongside her current name.
Liberati did not respond to requests for comment from the Michigan Advance.
