Tuesday, 06 November 2012 07:15
It’s Election Day and for many who have been tuned in to the political races and proposal controversy today offers a welcomed chance end the campaign storm by give the final word—or vote—to end the dizzying campaign madness.
While most candidate races will be put to rest before midnight (barring another epic indecision on votes cast), other issues that have been awaiting a vote won’t quietly dart off into the sunset once voters say “yes” or “no”. In fact, the vote will only trigger an unprecedented downpour of litigation and power scraping.
Take the ballot proposals for example. In Detroit, there are 18 of them on the two-page ballot. While some of them are not controversial (millage renewals, etc.), many of them are.
The statewide proposals alone will lather up enough lawsuits and frenzy after the vote to make us dizzy all over again.
Proposal 1, the proposal asking voters whether we should keep the State’s emergency manager law, for instance, will bring enough litigation from either side, whether voters say yes or no. If voters approve the emergency manager law, political action groups that gad fought it before will keep on fighting it, calling it undemocratic and trying to find ways to block it or get it tossed in court.
If voters strike down Prop 1, the chaos within cities and school systems will only get worse. People can expect lawsuits of all sorts over wage cuts, political power, officials, lawsuits between the city and the state, you name it.
If we look at the path as to how each of these issues even got to the ballot we will see a trail of tangled litigation. And it won’t end at the polls.
It’s not just litigation that will continue after the vote on proposals, many of the proposals, especially proposal three that would pose a constitutional mandate to have businesses get 25 percent of their energy from renewable sources by 2025, will put the State legislature to work, combing out the details of the proposals and finding the verbiage and structure to fit into the constitution.
The battle over Proposal 6, better known as the bridge proposal, may not stop at the vote, either.
The Detroit Free Press’ John Ghallager writes:
“Canada would be paying the estimated $2.1-billion cost of the new crossing, it's unclear whether the constitutional amendment contained in Proposal 6 against spending state funds without a statewide vote would affect building it.”
But just because certain issues may continue to be debated and litigated after the vote does not mean our votes don’t count. In fact, voters are carrying the weight of the decision; it’s the details that will get hashed out after in the legislature and perhaps through litigation.
So if you haven’t already done so, get to the polls and decide for yourself.
Check out this Voter Guide if you need a last minute refresher on the issues and the candidates.
Tuesday, 09 October 2012 10:02
When Governor Rick Snyder addressed a group of corporate business leaders Monday morning at the Detroit Athletic Club he shared his vision and accomplishments for reinventing Michigan.
One of the reforms Snyder said he plans to push is firmer restriction on ballot petitioners.
“There is a good reform opportunity with respect to paid circulators,” Snyder said at the DHR International corporate leadership breakfast.
Currently, Michigan does not ban pay-per-signature, which allows petition circulators to be paid for every signature collected offering petitioners monetary incentive to get the most signatures. Pay-per-signature something that Snyder said is a concern and suggested said hourly pay for should be mandated.
Between 2008 and 2009, several states—including Colorado, Montana and Nebraska—made it illegal to compensate petition circulators based on how many signatures they are able to collect on petitions.
But in Colorado a federal judge issued a preliminary injunction in June 2010 against the new Colorado law (HB 1326) in a lawsuit that says the law's ban on pay-per-signature violates the U.S. Constitution. The case is still in active litigation according to Balletpedia.org, a non-profit effort to inform the public on political issues and laws.
Snyder’s biggest beef with Michigan’s ballot petitioning rules is the fact Michigan does not require paid petition circulators disclose that they are being paid to collect signatures, or who paid them. In other states petitioners have to wear a badge that ways whether they are a volunteer or paid to collect signatures for a ballot measure.
Many deep-pocketed groups can sponsor a ballot measure and pay petition circulators without disclosing if they are doing this out of their passion for the measure or for a paycheck.
“People don’t get the full scoop before they sign,” Snyder said, adding that he only supports one ballot proposal (Proposal 1) of the six that will appear on the ballot in Nov. He said six proposals seem like too many. “We needed more disclosure of where money was coming from for circulators.”
Another law Snyder said he wants to push for is one that mandates where petition circulators can collect signatures for a given measure. Currently, Michigan does not have a distribution requirement. Any amount of the required signatures for a ballot measure may be collected in anywhere in the state and is not forced to pull from different areas.
“We need to look at where people are getting these signatures,” he said noting that they should not all come from one area known to favor a certain sway of the proposed initiative seeking signatures.
The flood of ballot proposals this year has been unprecedented with six statewide ballot proposals set for the Nov. election. And that’s not counting local municipalities’ proposals.
Why so many proposals? Snyder has an idea.
“It’s a reaction to the reinvention of Michigan,” Snyder said. “People don’t like change.”
Be sure to stay informed about Michigan ballot initiatives and more, check out Mlive’s Michigan voter guide to help prepare for the long ballot that awaits voters on Election Day.
Thursday, 20 September 2012 09:29
Ballot Chameleon: Events Change, Constitutions Don’t
When we go to the polls this fall and we get to the ballot proposal section, we can’t make our decisions solely based on current events.
These constitutional amendments and city charter shifts could hold for decades, through all sorts of conflicts.
In Detroit, there are four ballot proposals for people to decide on in addition to six statewide proposals. These city proposals are mostly clarifications and amendments to the city’s governing document, the charter.
An example of current events affecting city laws came during the charter revision process that started in 2010. People were caught up on the Kilpatrick scandal, they wished, at that time, that the law department had more power over the scandalized mayor.
The decision to give city attorney’s independent power was supposed to provide some sort of insurance to make sure this never happened again.
But that backfired when a new situation arose. The State and the City entered into a consent, or turnaround, agreement and when the city’s top lawyer, using her new found power, tried to stop it, there was nothing the Mayor or the Council could do about it.
Now the question on the ballot is whether the charter says that city lawyers have this power or not. It’s a clarifying question that has been seen through current-event shades.
That goes to show us that the amendments proposed this November can’t be changed on an issue by issue basis. They have to stick through all sorts of police weather and economic shifts. They have to be versatile.
Just because it’s unpopular for a city attorney to have power right now after the Crystal Crittendon consent fiasco, the scene may change next year.
So when we vote on these long-term decisions this on Election Day, we have to keep in mind: things won’t always be like this. These people won’t always be in power. Times change. Are these laws versatile?
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