Small town politics ends up in court, and a recall election will go forward.

Five Davison city council members, Mayor Fred Fortner, Jim Hershberger, Matthew Judd, Roger Lutze, and David Martin, say the recall petition against them is invalid and illegal because Michigan state law says circulators have to be from the voting district.

Several circulators were from Davison Township.

However, Genesee County Judge Joseph Farah says the circulators first amendment rights allow them to circulate the petitions.

The council members attorney, Charles McKone says, "When you have Davison Township individuals circulating a petition, it really makes at least some people concerned that someone else is interfering with their local politics."

Recall petition organizer Doug Gilmore says he's please by the decision, "On to the recall, November 2nd."

The ballots are in the process of being printed. The absentee ballots went out September 20th. Some have already voted.

There's a chance the council members could appeal.

The recall language says council members did not give public comment opportunities, nor proper notification regarding certain council actions.