Andy Dillon was the speaker of the Michigan House and faced opposition due to his support of increased taxes.
If the lawsuit succeeded, Dillon's name would appear on the November ballot twice—once as a regular candidate and once as the subject of a recall election.
If Dillon won the reelection, he could also simultaneously be recalled from the final two months of the term he was currently serving, which ended in January 2009.
In the lawsuit, Bogaert asked for emergency consideration of a request for a preliminary injunction relative to the signatures filed in the Andy Dillon recall.
On August 27, 2008, United States District Judge Robert Holmes Bell issued a preliminary injunction ordering Land to re-examine the signatures without reference to statutory requirements prohibiting non-residents of Dillon's district from circulating petitions, and ordered that if sufficient signatures were found, then Land must place the recall against Representative Dillon on the November 4, 2008, general election ballot.