Eclectablog
The Michigan Board of State Canvassers today rejected a petition drive that would have put the state's emergency manager law on the November ballot. The board's staff had reported (pdf) that the petitioners had collected enough signatures, and recommended (pdf) that the board deny a challenge on the basis that the petition's type size might be too small.
That challenge came from a project living inside the same Republican consulting firm with a partner on the board. Also on the four member board was a Democrat whose labor union had worked to collect signatures. In the end, the board voted two-two, on party lines, meaning the petitions were toast. They had been signed by more than 200,000 Michigan voters.
Eclectablog, a Democrat activist and blogger, was in the room. He writes: "The vote was followed by chants of 'SHAME! SHAME! SHAME!' " And this: "After the vote, the room erupted. I apologize for the blurriness of this photo but it was pandemonium."
An attorney for the group trying to overturn the emergency manager law tells us he'll file an appeal as early as Monday. "We had hoped that they would put democracy ahead of party allegiance, but we did not find that in this case," Herb Sanders said.
If you look back through the minutes of the Board of State Canvassers, you'll notice almost no split votes on anything. Before today, the board looks not to have divided on any question since August 2010 (pdf). There's another one in April 2006 (pdf). And back in 2005, before the minutes were posted, the board split along party lines, blocking temporarily a referendum to end some forms of affirmative action.
Leave a Comment:
Politics ala Vince Lombardi (winning isn't everything, it's the only thing) will surely cause the demise of our Americn democracy! Denying the vote is as anti-democratic as it comes! -Kevo
FONT: It's what's left of your Democracy.
It's what's left of your Democracy
It's what's left of your DemocracyWhy in the name of all that may or may not be holy is this a 4-person board?
Why is there a board at all, especially a partisan board? Approving petitions and dealing with challenges should be a technical task performed by career employees in the Secretary of State's office.
The State of Michigan that I’ve grown up in has become the State of Insanity. When will this end?
It's not the State of Michigan I grew up in, either. It's almost as insane as Texas. Don't give up and I'll keep the fight in Texas. We can't let the b-----ds get us down!
Not the Michigan I grew up in, either. What Rachel doesn't know is this: since the EMF law was challenged by referendum, Gov. Snyder is now adding token dollar amounts (small appropriations) to unpopular laws. The appropriations preclude the laws from being challenged by citizens and put up for recall or referendum.
this is who they are
This is what they want, to cut so drastically, cause such financial burdens that emergency managers can step in to dictate without being elected. Goes with the other story today about financially burdening states and counties to slow down voting.
It is clear as day to me, the Republicans do not want democracy, but plutocracy.
The people must take back their democracy and stop falling for taxes, cutting government and debt drivel. People must take back government, it is ours, not the corporations' and wealthy peoples'.
"What kind of a government do we have Dr. Franklin?"
"A republic, madam, if you can keep her."
Guess the good people of the State of Michigan stood by and let evil (and Emergency Managers) win, as it appears that Michiganders couldn't keep her.
Let's hope the voters understand this, but that is hard when they are easily led to vote regarding the things fed to them by ads, politicians and those that say it's all because of Democrats and gun folks feel threatened.
When does it get so bad the Federal government can step in and tell the states that they are required to have a democratic government in order to remain part if the United States?
(Lifeguard standing to one side, blows whistle): All right! Michigan -- Out of the pool -- NOW!
So... Michigan will have to resort to essentially Martial law? Doesn't sound any better to me.
That's my question- what does the Governator do if the people of South Podunk throw his "emergency manager" in jail and just go on having their own democratically elected government..?
Call out the Michigan National Guard to put down the insurrection with force of arms..?
What National Guard? The National Guard is barely distinguishable from the regular Army these days. What percentage of Michigan's are actually in Michigan?
Rachel,
The statutory provision relied upon by the Republican Members of the State Board of Canvassers was MCL 168.482.
But, there is ample precedent in Michigan law that says what they did villated their duties under the law. A recent Michigan Court of Appeals decision -- which is binding law in Michigan -- stated:
"It is well established by both statute and case law that petitions need only substantially conform to the statutory requirements. MCL 168.544d (petitions shall be on forms that are “substantially as provided in sections 482 ...”); see also Charter Twp of Bloomfield v Oakland Co Clerk, 253 Mich App 1, 22-23, 654 NW2d 610 (2002). In Newsome v Bd of State Canvassers, 69 Mich App 725, 729, 245 N.W.2d 374 (1976), this Court held that “[c]onstitutional and statutory initiative and referendum provisions should be liberally construed to effectuate their purposes, to facilitate rather than hamper the exercise by the people of these reserved rights.” Id., citing Kuhn v Dep't of Treasury, 384 Mich 378, 183 NW2d 796 (1971). In Settles v Detroit City Clerk, 169 Mich App 797, 802-803, 427 NW2d 188 (1988), this Court reaffirmed the general rule that “all doubts as to technical deficiencies or failure to comply with the exact letter of procedural requirements in petitions ... are resolved in favor of permitting the people to vote and express a choice on any proposal subject to election.” Thus, even if the additional language in the “ introduction” on the back of the petition could be considered a defect, we do not find it a fatal one." -- Coalition to Defend Affirmative Action & Integration v Bd of State Canvassers, 262 Mich App 395, 405-406; 686 NW2d 287 (2004) (Citation format amended).
The Courts will order the State Bd of Canvassers to approve the petition under this well-established case law.
Well done and I hope that the Courts rule accordingly as the law is precise and fair.
YEAP!!! Hesiod, Norman Shinkle is a LAWYER by the way. Since it appears he nor Timmer can read and understand precedent State Case LAW, maybe NORMAN SHINKLE the LAWYER should have his license REVOKED to practice LAW in the STATE of MICHIGAN...
This is what SHINKLE admitted after our blog @ROJSNews had to chase him down to interview with him. We asked if he had any party affiliation, DIRECTLY AFTER his vote down...and dash out of room 102 in the Lansing Center. SHINKLE'S vote was CLEARLY OF A BIAS NATURE...voting to stop Michiganders from affirming or denying Public Act #4. Take a look at this 'statement'...as we have it ON TAPE!
Time to GO AFTER HIS LAW LICENSE...You think?
Oops. Sorry for the double post.
Republicans have no shame, to say that the peoples will is nullified by a font size is really pathetic. This is tyranny taking root in our democracy and the GOP are the farmers! This is very shameful for Michigan and can spread to the rest of our Union.
And it's not even legal, Rob.
No democracy in Michigan tonight, which I think was the whole point of the petition drive!
Remember, Remember, the Font in November ...
Awesome!
That is brilliant.
Of course, they may not allow an election in November in Michigan. The governor may just appoint the state's electoral votes.
I can’t be reading this right. The petition was denied because the font was to small?
It's like arresting a confessed murderer with multiple witnesses testified to the identity, but letting the shooter go free because the miranda was recited transposing two words.
You have a right to silent remain.
The courts are stacked with Republicans. I must admit that they planned well to get the outcome of taking away our democracy.
this is what the people don't realize. Its in the small offices that the republicans have been able to be successful in eliminating democracy. this is a democracy ... but with local government being taken over by republicans, this idea can be bypassed. We the people have to be more aware. the group has obvious conflicts of interest but "thats OK" cuz both sides have this, Greed on both sides has blinded both sides from democracy. Sad ... makes me wonder what we are teaching our kids
Ruck the Fepublicans!
"We had hoped that they would put democracy ahead of party allegiance, but we did not find that in this case," Herb Sanders said. -- quoted from above
Wasn't this the exact same problem that doomed the so-called "Super-Committee" last fall? And the Simpson-Bolles (sp?) Commission before that? And almost any panel with an even number of members, which is evenly divided along party lines?
Recall Snyder 2.0 starts next weekend!! We have to get him out of office!!
If you would like to help, please visit www.michiganrising.org. People in Michigan, we need county captains, event coordinators, petition circulators (even if you only take 1 petition and fill it with 10 signatures). If you are not in Michigan and want o help us fight fascism, donations are appreciated. Everyone, please share that link!
Each Michigan county has a facebook page, also. You can find them by typing michigan rising & your county in the search bar. For the main state page, type in recall rick snyder.
The time is NOW, people! We can do this! We HAVE to do this!
We have BIGGER issues Debbie. First, unless we FIX MICHIGAN'S DEMOCRACY process....no one will be allowed to vote on ANYTHING correctly. That includes this 'recall' of Gov. Snyder.
Instead of focusing on this effort, Michiganders need to engage in PEACEFUL CIVIL DISOBEDIENCE to demand DEMOCRACY PERIOD return to our beloved GREAT LAKES state. THAT MUST BE THE GOAL!
Until Democracy, THE RIGHT TO VOTE and RESPECT for our State's Constitution is FIXED by any PEACEFUL MEANS necessary...nothing else manners....
Deeply, deeply frightening.
Please SOMEONE HELP US!!! There's got to be something we can do to stop this craziness!!
Well, it was the people of michigan that wanted all these Republicans in office to twist their society whichever way they see fit. Now, with maneuvering, they cant get their state back.
This will be interesting in november when that state would clearly go to Obama but watch, with this governmental setup as it is, they will close down all voting polls or set it up in such a way that heavily democratic areas will not be able to vote.
If that happens, the people in charge over there need to go to trial as traitors to the U.S.
Two things: 1. Not all of us in Michigan wanted these people to govern, but we were out numbered. 2. They all had a "plan" but would not disclose the details until after the election and a lot of people bought the "plan" only to find out it meant taxing seniors, pensions, and the poor. Never believe anyone who has a "plan" but no details because you will end up with a government like the one in Michigan.
This year for the first time in 40 years I will have to show picture ID to vote even though all the ladies at the voting hall know me well.
It would be nice if all citizens of the United States of America would listen to METhree. Listen to Mr. Romney - lots of "plans" but no details. Listen to the Republicans. . . their only detail for their "plans" is to remove President Obama from the office that he properly won in an election, all the rest of their plans are hidden in Paul Ryan's budget.
I cannot believe that all the Republicans really want to destroy our country and turn it into a 3rd world country in worse shape than Somalia. "You can survive on rice and beans"? In the United States of America??????? I sincerely believe that if Mr. Hannity and his ilk really feel that way they should put their money where their mouth is. Spend a month eating your rice and beans yourself - spend a month doing without medical help yourself - spend a month sleeping under a bridge yourself and find out how wonderful such a life is in a country that can raise taxes on people who have no money for people who have so much they don't know what to do with it all, except to get more.
May they spend a month like me with $1,000 worth of medical bills that I can't pay until I can get back to my part-time job at the age of 74, so I can continue to support my disabled son and myself. I hoped for a retirement, that I obviously will never see. I spent a lifetime working to keep my sons and I off welfare only to be disrespected because I got old.
I think the next time a Republican or TeaParty idiot tells me that they want their America back, I will first, throw up on them and then tell them that I want my America back, and that sure isn't the one they are looking for.
And yet they go on and on about "freedom". If you think this couldn't happen in other states, just consider that it shouldn't even be happening in ANY state.
If the moron's can't even get the font size correct what makes you think the signatures are valid...Snyder Michigan is leading the nation in job growth keep up the great work...This is made even better after 8 years of jenny decimating this fine state....
Snyder is doing a great job. Right. And if that fellow in Washington hadn't bailed out Detroit.....
If Snyder was doing such a great job he wouldn't HAVE to cheat to save his bogus legislation!
So, you really think only a small minority of people who "faked" 200,000 signatures really feel anger and oppression from the Michigan government?
That state has been a 3-ring-circus for months now. Wanna talk about numerous cases and forms of oppression and disenfranchisement? You cannot stand there blatantly say that only a handful of people feel this way, and need to "cheat the system" to get what they want.
Nooo, noo. I call foul. It seems like another backwards way in which the Republican majority justifies their own cronyism and corruption, like they do anything-- saying that the other side did it first.
Mr Snyder has done little for Michigan but he will be first in line to claim he has. The auto industry has come back but that is no thanks to Snyder. The film industry on the other hand has all but disolved thanks to Snyder. Movie makers use union employees and we all know how the Republicans feel about union employees.
How much did the Michigan Republican Party pay you for your work, jerry? Or may I call you 'dupe'?
Only Michigander that believes today's 'process' was a valid form of 'democracy' are those who are being paid to post on online websites by Michigan's GOP, in bed with Michigan GOP or are Friends & Family of Rick Snyder. I'll never thought in my life I'd say this but Snyder is WORST than Engler (and that's saying a lot).
As for Jerry...he just made $5.00 off his post on the Rachel Maddow Blog.....
jerry latimer - I guess you could know the signatures are valid since they were validated by the Board that does such things.
And isn't it a great thing that President Obama saved the auto industry so that Michigan could increase their job numbers = and saved 60,000 jobs that would have been lost. Don't give your tyrant governor credit that the President gave him.
A) They did get teh font size correct, according to the printer.
B) At best there is a material factual dispute about the font size in any case.
C) Michigan law says technical defects in the form of a petition will not prevent the petition from being accepted if it otherwise substantially complies with the law. And, there's absolutely no question that a 12 pt font vs a 14 pt font substantially complies. The decision of the GOP members of the bd of Canvassers was not only wrong on the substance but illegal. Even Bd member Timmer's statement that he was required to follow the letter of the statute was blatantly false. It's not true, as a matter of Michigan law. And he knew it wasn't true when he said it.
D) The Bd of Canvassers and the Secretary of State already said they had enough valid signatures to qualify the proposition for the ballot.
My advice to you and the other GOP morons who post idiotic comments here that blatantly misstate the facts and the law is to just shut up and go away.
Show me the job growth - where are the FACTS of job growth? I've heard this sentiment bandied about but I have yet to see or hear statistics to support it.
I believe the word we're looking for is chicanery.
Michigan needs to wake up & fight this every step of the way, or risk losing what may be their last opportunity to regain self-government. Whatever may have occurred to get them where they are is pretty irrelevant at this point.
Everyone should be voting who can vote. Everyone should be protesting who can protest, be it in the streets or on the Web. List the names & contact numbers and addresses of these board members. List the names and contact numbers of every Representative in the state. Source this story to every media outlet possible, including those overseas.
And, by all means - TAKE IT TO COURT! Engage the MEDIA - If they won't write the story, do it yourselves! Youtube Video. Facebook. MySpace. Every business and public web-site in the region should be hosting and telling this story.
Make sure every tool in your arsenal is being used. Get everyone registered who sees this for what it truly is and get them to the polls. If anyone gets in your way, call the cops - call the media - take pictures - raise a ruckus.
Democracy isn't about FONT size. It's about the rights of hundreds of thousands of Michigan citizens that are being ignored.
This is government brought to you by ALEC.
This conduct is shamefull and everyone should voice their opposition. This is the same conduct that is used against the medical cannabis community.
ONLY THE PIOUS GROUP SHALL GOVERN
ALL HAIL THE REPUBLICAN PARTY....
Thanks for showing us just how dangerous the Republican Party really is.
This is what government looks like when sponsored by the Koch Bros., ALEC, and Karl Rove.
Yes, our dear former governor John Engler was an early ALEC member. When he left Michigan's infrastructure was crumbling so badly they had to take emergency measures to repair bridges.
That's it Michigan - you lose your membership to the United States.
Welcome to Canada.
The chant should have been - Court Case! Court Case! Court Case!