National Popular Vote bill advances to Michigan House

If Michigan threw in its 15 electoral votes, interstate scheme would have 220 of 270 votes needed to take effect

By James David Dickson | June 7, 2023

A committee of Michigan lawmakers voted Tuesday to enroll the state in the National Popular Vote Interstate Compact. By a vote of 6-2, the House Elections Committee approved House Bill 4156.

The compact will take effect when signed on by states with a combined 270 or more electoral votes, enough to elect the president. When Minnesota joined the compact last month, it reached 205 electoral votes. With Michigan’s 15, it would reach 220.

Currently, the winner of the Michigan vote tally gets Michigan’s 15 electoral votes. That would change under the National Popular Vote plan, as a candidate could lose Michigan but still be awarded its votes — all based on a noncertified result.

Read it for yourself: House Bill 4156 of 2023: The National Popular Vote bill

There is no official count of a national popular vote, nor is there any federal agency authorized to produce one. This bill empowers secretaries of state in National Popular Vote states not only to read their own election results but to determine the “popular vote” winner among 50 states.

The relevant portion of the bill reads:

Prior to the time set by law for the meeting and voting by the presidential electors, the chief election official of each member state shall determine the number of votes for each presidential slate in each State of the United States and in the District of Columbia in which votes have been cast in a statewide popular election and shall add such votes together to produce a "national popular vote total" for each presidential slate.

The words “shall determine,” and the lack of a certified result, mean the judgments of secretaries of state would be subjective. Secretaries of state would choose the president.

The candidate they deem the winner would get all 270-plus electoral votes from compact states. A plan that presents itself as an alternative to the winner-takes-all system would only accelerate it. With a victory margin of one vote, a candidate would be awarded a bloc of 270 votes, regardless of the vote tallies in each state.

As the House Fiscal Agency analysis notes, only in the event of a tie — a nationwide tie — would the Michigan vote tally be the deciding factor.

The analysis reads:

In the case of a tie for the national popular vote winner, each member state would appoint electors pledged to the candidate that won the popular vote in that state. (This is the “winner takes all” system currently used by most states).

Even the National Popular Vote initiative affirms the value of a winner-take-all system by reverting to it in the event of a tie.

The Mackinac Center has testified against House Bill 4156.

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.

Gotion balks at answering questions from township leaders

Gotion tells Big Rapids Township that development on that municipality is on hold

By Jamie A. Hope | June 7, 2023

Battery company Gotion notified the Big Rapids Township board early this year that it plans to work only with neighboring Green Township on the early stages of its battery plant development.

“The initial phase of the Project includes development of the adjoining property in Green Township,” Gotion attorney Jared T. Belka wrote Feb. 22. “We will reconnect with you as the site is finalized to discuss [Big Rapids] Township’s questions.”

The notice came after a lawyer for Big Rapids board members sent a letter to the China-based company asking for answers about environmental and logistical concerns.

Big Rapids Township and Green Township were asked by the Michigan Economic Development Corporation and Gotion to create a renaissance zone, with property spanning both townships, according to Carman Bean, a Big Rapids Township board member.

Bean emphasized to Michigan Capitol Confidential that he was speaking as a private citizen and not on behalf of the board.

The zoning change was approved in a joint township meeting. But Big Rapids board members became concerned, Bean said, when they were informed of the company’s connection to the Chinese Communist Party.

Mark Nettleton, the board’s attorney, raised concerns about the project in a five-page letter sent Feb 10. Among the board’s questions:

Describe Gotion’s waste management strategy with respect to the proposed project. Will there be special wastes associated with battery manufacturing. How will those special wastes be managed?
Provide an explanation of any equipment that will be installed or processes utilized by Gotion to reduce or eliminate air pollution from the project (and identify those contaminants of concern), so that the operation will be in compliance with applicable federal and state law.
Provide an explanation of any equipment that will be installed or processes utilized by Gotion to reduce or eliminate ground or surface water pollution from the project (and identify those contaminants of concern), so that the operation will be in compliance with applicable federal and state law.
Provide an explanation and data as to how Gotion’s water usage will not adversely impact surrounding private water wells and aquifer.

Twelve days later the board received a response from Belka, whose law firm, Warner Norcross + Judd LLP, represents Gotion.

“The initial phase of the Project includes development of the adjoining property in Green Township,” Belka wrote. “Therefore, Gotion’s efforts have been primarily focused on the core area of development and not on the Township property where development has currently been placed on hold.”

Belka deferred all questions, saying, “The project hasn’t been fully engineered at this point,” and adding that “many of the questions were previously answered and are available on the Township’s website.”

Bean told CapCon this was the first time Gotion notified the township it does not plan to pursue development on land in Big Rapids, at least for now. Bean suspects the timing: The notification came only after Big Rapids began asking questions and requesting detailed information.

Belka did not respond to a CapCon request for comment.