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Politicians Put Recall Rights In Crosshairs

A resolution has been introduced in Lansing that would strip voters of their rights to recall public officials for policy decisions. In practice, this means that politicians could raise taxes, waste tax dollars and pass and enact virtually any law without having to fear being recalled.

The bill, Senate Joint Resolution S, states specifically, “The discretionary performance of a lawful act or of a prescribed duty by an elective officer does not constitute a reason to recall that elective officer.” This would mean that lawmakers couldn't be recalled for political reasons.

The measure then lays out the reasons for which an elective official could be recalled. They would be limited to those guilty of felonies or a misdemeanor involving a breach of a public trust like those who have misappropriated resources or committed "any other official misconduct."

SJR S is sponsored by Senate Majority Floor Leader Arlan Meekhof, R-West Olive, and co-sponsored by Senate Majority Leader Randy Richardville, R-Monroe.

Because it would be a constitutional amendment, the measure would have to be approved by the voters in a statewide election. Two-thirds approval of both the Senate and House would be required to place the proposal on a statewide ballot.

In the past, Michigan Democratic Party Chair Mark Brewer has said he'd support limiting recalls to only misfeasance and malfeasance in office. Aside from the MDP, at this juncture it is unclear which interest groups in Lansing would be supportive of SJR S and which might oppose it.

Randy Bishop, of the Northern Michigan Patriots, said the proposal would send the wrong message — particularly in an election year like 2012.

“I think if they did something like that it would make a lot of people angry,” Bishop said. “The Republicans should want to have the Tea Party out there working to try to defeat Sen. Debbie Stabenow, not distracted by something like this.”

Wendy Day, of Common Sense in Government, said she thought such a proposal would have an unfavorable effect on grassroots conservatives.

“This could be an overreaction to all of the money the Republicans just spent against the Michigan Education Association in the Scott recall,” Day observed. “But I think it would just give us all another reason to be suspicious about the Legislature. Most people would just see it as another example of the legislators acting badly.”

Tina Dupont of the West Michigan Tea Party also wondered why it would be necessary to recall a public official who was guilty of the sorts of things outlined in SJR S.

“Aren't those things that they could be removed from office for doing under other laws?” Dupont asked. “I don't know about other people, but this is the sort of thing that really irritates me.”

Inside Michigan Politics Editor Bill Ballenger said the resolution looks like an all around loser to him.

“I'd say it's just not going to happen,” Ballenger said. “I have real doubts that this thing could even pass in the Legislature and be placed on the ballot. From the perspective of the Republicans, I think a lot of Tea Party people would get upset about it. They'd say: 'There they go again.'

“Maybe they could get both the House and Senate to put up the two-thirds “yes” votes needed to put it on the ballot,” Ballenger continued. “They could claim that all they were doing was voting to let the voters decide. But even with that excuse, I'd think many lawmakers would be concerned about doing anything that looks like they're trying to protect themselves. If it did get on the ballot, I think the voters would probably reject it anyway.”

Leon Drolet, director of the Michigan Taxpayers Alliance, said voters should be wary of the resolution.

“Some voters might think this proposal would be giving them something they don't have,” Drolet said. “Many voters might not be aware of their constitutional right to recall officeholders. They might look at this and say 'yeah,' we should be able to recall people who break the law. It would be all about trying to fool the public.

“In this proposal the politicians are trying to set up a special standard just for themselves,” Drolet added. “Those who wrote the state Constitution specified that the right of voters to recall public officeholders should not be restricted to criminal acts. We already have something we use when people break the law; it's called prison.”

Drolet helped lead several recall attempts in 2007 over a state tax hike. He said a key question might be, who would put up money to fight the proposal if it were on the ballot?

“The voters are supposed to be the boss,” Drolet continued. “They have the right to fire their representatives when they no longer think they're representing them. Imagine if employees couldn't be fired unless they were convicted of a crime. Why would employees even bother to show up to work, if they couldn't be fired?

“It could be a very interesting coalition,” Drolet said. “You might see Tea Party patriots working next to MEA members. Who knows?”

Michigan Capitol Confidential is the news source produced by the Mackinac Center for Public Policy. Michigan Capitol Confidential reports with a free-market news perspective.

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Commentary: Don't Undermine Voters' Right to Recall

(Editor's Note: This article first appeared in The Detroit Free Press on Dec. 11, 2011.)

The most important political divide is not between Democrat and Republican, but between the people and those who govern them. After last month's recall of state Rep. Paul Scott, R-Grand Blanc, don't be surprised if lawmakers now unite in bipartisan harmony to restrict the people's right to recall any of them from office.

Just such a measure has been introduced by a Democrat in the Michigan House. Republicans control substantial majorities in both the House and the Senate, but they will need help from Democrats to pass it. That's because recalls are a constitutional right in Michigan, and the Legislature cannot propose an amendment to the people without a two-thirds vote of each chamber.

Recalls are rare but powerful. A lawmaker faces a recall election if citizens numbering 25% of those voting in the last gubernatorial election in the district sign a legally approved recall petition. If a majority of voters in the next election cast ballots to recall the official, the seat is vacated whether or not the lawmaker's term is up.

The measure would not eliminate recalls, but would significantly restrict the reasons for which residents may recall their lawmakers.

The amendment would do two things. It would erase 20 words from our Constitution that affirm the sufficiency of pure "political" reasons to trigger a recall election. And it would add 101 words of restrictions that limit the reasons for which voters may recall their lawmakers.

The political reasons that motivated Scott's recent recall and the only other recalls in nearly three decades -- those of two Senate Democrats in 1983 -- would be gone. In their place would be a list of permissible reasons, including legal convictions for crimes and civil infractions, and corrupt use of resources.

It's as if lawmakers are saying, "Unless you catch us and convict us doing something illegal, you can't recall us anymore."

Illegal activity is certainly a good reason to recall a lawmaker, but the people and the Legislature already have that power. The Constitution allows the Legislature to impeach its members at any time "for corrupt conduct in office or for crimes or misdemeanors."

Proponents of the amendment will argue that politics alone should not trigger a recall election. They will assert that it is unfair and unwise to subject a lawmaker to recall based solely on his or her votes and views. But the delegates to the 1963 Constitutional Convention considered and ultimately rejected that rationale.

Consider these statements from that convention:

  • "But let me remind you that there is no vested right in the office to which a person has been elected. ... It is not a matter of contract merely because you've been elected to that office."
  • "Like the initiative and the referendum, this is the right of the electorate to ... recall elective officers without giving reasons."
  • "The burden of getting the signatures and getting people to sign for this purpose has proved to be a very adequate deterrent to any vexatious or spurious recall movements."

Nothing unites lawmakers more than making it easier to stay in office. Republican and Democrat legislators will likely tell their respective supporters that the amendment gives their party an advantage over the other, for one reason or another. The historical record does not bear this out.

What the historical record does show is that, over time, government has grown considerably at the expense of the people and their personal liberties. Government's growth has been a verifiably bipartisan project.

The voters' right to recall lawmakers, for expressly political reasons, is a potent check against government overreach that the people should jealously guard irrespective of party.

Joseph G. Lehman is president of the Mackinac Center for Public Policy.

Michigan Capitol Confidential is the news source produced by the Mackinac Center for Public Policy. Michigan Capitol Confidential reports with a free-market news perspective.