Rep. Paul Scott was delivered another setback by the Michigan Supreme Court on Wednesday when the justices ruled that his recall election would take place on Nov. 8 as originally planned.

Scott originally tried to have the entire recall election canceled but the state’s high court rejected that bid. Then he asked them to delay the actual vote until February, which the court has now rejected as well.

State officials have certified that critics of Rep. Paul Scott (R-Grand Blanc) have gathered enough signatures to put him on the ballot for recall, but several legal challenges could still stand in the way of that vote.

The Flint Journal reports:

At least two legal challenges by Scott already are underway to try to stop the recall effort. Still, organizers scored a major victory when election officials on Tuesday verified 11,047 valid signatures from voters in Scott’s district on recall petitions.

They needed just 9,604.

Scott, Republican chairman of the House Education Committee, has been at the heart of a several controversial reform efforts this year — including weakening of teacher tenure protection that makes evaluation of teachers tougher and easier to fire teachers. He’s also supported proposed legislation by Gov. Rick Snyder to tax pensions for retirees.

“The Secretary of State action is another step in the process put in place to make sure the rights of all sides are protected,” Scott said in a statement. “The voters sent me to Lansing to put our state back to work, and I will continue to be focused on improving the economy and education system throughout our state.”

Scott is challenging the language of the recall petition, arguing that it is too vague under state law. He is arguing in another court that the petition signatures should not be certified while the petition language is being challenged.

Benton Harbor City Commissioner Dennis Knowles says he has almost half of the 6,718 signatures needed to put a recall of State Rep. Al Pscholka on the ballot.

Knowles spearheaded the Pscholka recall effort as a symbolic act of opposition to the Emergency Manager law that Pscholka introduced. This spring the law was used to strip power from Benton Harbor’s City Commissioners, reduce access to the city’s lakefront park, and downsize public safety services.

The Herald Palladium reports:

Knowles said he has gotten help gathering signatures from St. Joseph residents, as well as residents of St. Joseph Township and Stevensville. But he has not received enough help from Benton Harbor commissioners and local pastors.

“We went out there for the cameras,” Knowles said, but there has not been enough commitment to the day-to-day work behind the effort.

“People don’t realize the ramifications of these laws,” Knowles said.

Knowles has said that he plans to turn in the petitions on Sept. 15.

The ACLU of Michigan has filed a lawsuit against Genesee County challenging the constitutionality of restrictions on where Michigan residents could distribute petitions to recall Gov. Rick Snyder.

According to the ACLU, the Genesee County Parks department told a petitioner that she could only solicit for signatures in a 3X3 area of a 165 acre park in the county and also has a rule requiring those who distribute petitions in public parks to get a permit to do so.

In a press release the ACLU said:

“In a free society, citizens do not need the government’s permission to simply petition in a public park,” said Michael J. Steinberg, ACLU of Michigan legal director. “Barring petitioning anywhere in a 135-acre park except for a tiny, isolated spot is a particularly egregious violation of the First Amendment.”

In early June, Denise Miller, a volunteer with the Committee to Recall Governor Rick Snyder, was collecting petition signatures at a picnic table at Linden County Park when she was approached by a park ranger who told her to leave. After she left, she called the Genesee County Parks Department to find out why she was not allowed to petition in the park. Eventually, she was told that she would be allowed if she first obtained a permit.

After a delay of more than two weeks, Miller received a permit, but the permit did not allow her to petition near the pathway and stairs to the beach as she had requested. Rather, the parks department had designated a so-called “Freedom of Speech Area” in a grassy area past the far corner of a parking lot where there was virtually no foot traffic.

Park personnel even painted a 3 x 3 foot orange square on the ground indicating the only place Miller could petition. In addition, the permit only allowed her to petition from July 1 to August 1, 2011 between the hours of 9 a.m. and 6 p.m. even though the park is open until 9 p.m. in the summer. Furthermore, she was instructed that her sign was to be placed within 10 feet of the orange square. Other signs in the park, however, are routinely placed more than 100 feet away from specific activities, including signs directing people to birthday parties and family reunions.

“This case is not just about our clients in Genesee County,” said Steinberg. “All throughout the state we’ve heard from recall volunteers who have hit roadblocks when attempting to exercise their fundamental right to petition in traditional public forums such as public parks and sidewalks. Not everyone will agree with this political campaign, but we can all agree that public officials should not be in the business of silencing citizens.”

The courts will sometimes allow what are called “reasonable time, place and manner” restrictions on First Amendment activity, but it seems unlikely that a court will find those particular rules reasonable. You can read the legal complaint here.

Michigan’s largest teachers union is formally supporting efforts to recall the governor and members of the state House following last week’s passage of bills that reduce job security and limit collective bargaining rights.

In a message to members on Friday the Michigan Education Association said that it will support existing recall efforts and will also consider backing some efforts to recall state senators.

“Our elected leaders need to know that we will not sit idly by as they try to dismantle public education, destroy the middle class, and defeat MEA and other public sector unions!” the group said as it urged teachers to use their summer break to become politically active.

The package of bills that cleared the Legislature on Friday creates a new system for evaluating educators and makes it easier for them to be fired. It also prohibits teachers from collective bargaining over placement and personnel policies, the evaluation system, discipline/discharge policies, classroom observation decisions, merit pay, and decisions about how schools will communicate with parents about teachers.

A House Fiscal Agency analysis of the package is here.

The reason? The Marquette Mining Journal reports that recall organizers have been angry with members who failed to support a water plan which would develop new wells in the Upper Peninsula township, instead relying on water provided by the city of Marquette, which is drawn from Lake Superior.

The Lake Superior plan requires the township to invest in a $5.3 million water system upgrade, and voters are being asked to approve the bond funding for such upgrades in August.

But those on both sides of the issue are targeting elected officials for recall to protest the decisions.

A hearing is scheduled next week to approve or reject recall petitions, and one recall petition’s language which was rejected is on the way to circuit court for an appeal. That recall language would target water plan supporters, including the township supervisor, clerk and two trustees. A hearing on the appeal is slated for Sept. 11, and if the petitioners win, the recall election happen in February 2010.

Meanwhile, a second set of petitions is being circulated to target the remaining board members, who happened to oppose the water system, including the treasurer and two trustees Language seeking to recall Johnson, Truscott and Durant has twice been rejected by the Marquette County Election Commission, the Mining Journal reports.

Party leaders are calling on the Secretary of State to launch a criminal investigation against recall organizer Leon Drolet and the entire campaign.

“Leon Drolet’s failed campaign to recall Speaker Dillon used widespread forgery, fraud and deception to collect signatures to attempt to qualify for the ballot,” Brewer said. “Fortunately, it appears that our democratic process will be protected as these illegal tactics continue to be exposed – and they are being exposed by the hundreds, if not thousands.”

The complaint included what it said were 499 documented forgeries and nearly 2,000 additional suspected forgeries, indicating a widespread campaign to commit fraud, forgery and deceit. A few of the examples Brewer showed the media included a claim by Redford Township Fire Chief Leslie Wedge that his name was forged on a recall petition. The Detroit News reports Wedge has filed a complaint with Redford Township police.

Brewer said another petition carried the forged address and signature of a couple who lived about a mile north of Wedge. The man died in 1975, while his wife passed away in January.

Continued -
  At least four petition circulators are from outside the Redford Township/Dearborn Heights/Livonia district and are in fact registered as Detroit residents, a violation of election law.

Brewer also charges that signature gatherers cruised Detroit homeless shelters and paid homeless people $1 each to forge signatures right out of the phone book.

“This isn’t a case of a few bad apples – the whole bushel is rotten,” said Mark Fisk, partner of Byrum & Fisk Advocacy Communications, the lead consultant in the effort to beat back the recall. “Fraud, deception and forgery have no place in our democratic process. No one should have to go to sleep at night wondering if their good name will wind up being forged or misused by criminals. We urge law enforcement agencies to prosecute violators and those like Drolet who unleashed this crime wave to the fullest extent of the law.”

Mary Ellen Gurewitz, of Sachs Waldman, attorneys for the recall opponents, said: “Our complaint shows a pattern of fraud, forgery and deception. There is compelling and abundant evidence that the entire recall campaign was permeated by illegal acts. We urge the authorities to undertake a thorough investigation to prosecute those responsible for this travesty.”

Speaker Dillon has released no public statement about the recall effort, but his spokesperson says the information from Brewer shows there was no support for a recall in the speaker’s home district. Greg Bird said it was unfortunate that there was deceptive action in the district. Bird said he expects authorities to look into any possible violations of the law and that civil action is being explored.

The Secretary of State’s office has not commented on this case except to say the office will do what is required by law and investigate the allegations made by Brewer and the Democrats.

Leon Drolet denies the charges by Brewer. The former House member who is now chair of the Michigan Taxpayers Alliance told Michigan Messenger even though the Secretary of State has released a preliminary report saying there are not enough signatures, the final report won’t come out until June 5. He says his organization has checked and some of the signatures are valid and he believes when that report comes out, there will be enough valid signatures. Drolet says he personally went to several addresses listed on some petitions where people’s signatures had been ruled invalid. He says they told him they did sign the petitions and claims several were indignant that their intentions were questioned.

Drolet admits there may have been forged or improper signatures, but says that happens all the time in petition drives. He also claims some of the invalid signatures were made by Dillon supporters who wanted to see the recall fail, and charges that Gurewitz hired people to sign petitions.

[Editor's note: Byrum & Fisk provides public relations services to Michigan Messenger]
]]> http://michiganmessenger.com/1354/dems-say-there-was-fraud-and-forgery-in-dillon-recall-drive/feed 0 http://michiganmessenger.com/1298/it-looks-like-a-no-to-dillon-recall http://michiganmessenger.com/1298/it-looks-like-a-no-to-dillon-recall#comments Fri, 23 May 2008 20:46:01 +0000 James J. Fordyce http://www.michiganmessenger.com.php5-9.websitetestlink.com/?p=1298 The Michigan Secretary of State’s Office has released its preliminary findings and it looks like there are not enough signatures to force a recall election against House Speaker Andy Dillon.

The Redford Township Democrat came under fire with nine other lawmakers last October after votes to raise taxes. The recall efforts against the other nine fizzled out, leaving the only active recall campaign the one against Dillon. In recent days there have been reports of signatures from voters who had passed away and people who were not eligible to do so circulating petitions.

According to the secretary of state, the petitioners filed 15,739 signatures with the Bureau of Elections on May 1. While 8,724 signatures are needed to put the recall question on the Aug. 5 primary ballot, only 8,224 were found to be valid and those of registered voters under the Bureau of Elections’ review.

These are the numbers released by the secretary of state in the preliminary report:
]]> http://michiganmessenger.com/1298/it-looks-like-a-no-to-dillon-recall/feed 0 http://michiganmessenger.com/1191/michigan-democratic-party-complaints-filed-against-drolet-with-sec-of-state-and-irs http://michiganmessenger.com/1191/michigan-democratic-party-complaints-filed-against-drolet-with-sec-of-state-and-irs#comments Fri, 02 May 2008 14:45:06 +0000 Todd A. Heywood http://www.michiganmessenger.com.php5-9.websitetestlink.com/?p=1191 UPDATE — 11:01 a.m. – According to a press release from the Michigan Democratic Party, complaints against Leon Drolet and his three entities — Michigan Taxpayers Alliance Foundation, Michigan Liberty Club and Michigan Recalls Organization– have been filed with both the Michigan Secretary of State and the IRS.

Liz Kerr, spokesperson for the MDP, said the Democratic Party filed the complaints.

10:45 a.m. – As reported by Michigan Messenger yesterday, Drolet is accused of moving $11,000 from a Michigan corporation, the Michigan Taxpayers Alliance, to a political action committee, Michigan Liberty Club. Rich Robinson, executive director of the Michigan Campaign Finance Network said in an interview with Messenger yesterday that the donations violate state law.

“These are flagrant violations of Michigan campaign finance and federal tax laws, and we intend to pursue these complaints aggressively to ensure these lawbreakers are held accountable,” said Michigan Democratic Party Chair Mark Brewer.

“Throughout this campaign, recall advocates have repeatedly broken election laws and campaign finance laws, proving they will literally say or do anything to achieve their goals,” Brewer said.

Drolet has failed to return numerous calls and email messages for comment.
]]> http://michiganmessenger.com/1191/michigan-democratic-party-complaints-filed-against-drolet-with-sec-of-state-and-irs/feed 0 http://michiganmessenger.com/1188/dillon-recall-campaign-donations-violate-state-law-expert-says http://michiganmessenger.com/1188/dillon-recall-campaign-donations-violate-state-law-expert-says#comments Thu, 01 May 2008 21:33:12 +0000 Todd A. Heywood http://www.michiganmessenger.com.php5-9.websitetestlink.com/?p=1188 As representatives of the Recall Andy Dillon Committee delivered recall petitions to the state today, the financing of the effort may have violated campaign finance laws.

House Speaker Dillon, a Democrat, has been targeted by anti-tax activists for his leading role in last year’s budget deal and tax increase. Leading the charge against Dillon is Leon Drolet, a former Republican state representative who is now a Macomb County Commissioner.

Drolet and his supporters say they will turn in 11,000 valid signatures from Dillon’s districts, more than the 9,000 needed to force a special recall election in August. Mark Brewer, chairman of the Michigan Democratic party, charged earlier this week that petitioners have been lied to while soliciting signatures.

The questions about the financing of the recall campaign arise from documents filed last week with the Michigan Department of State that reveal a series of donations involving contributions from three organizations, all of which are headquartered at Drolet’s home address in Macomb County.

According to the documents, the Michigan Taxpayers Alliance Foundation gave $11,000 to the Michigan Liberty Club, a political action committee (PAC) controlled by Drolet, on Nov. 20, 2007.

Between Nov. 26, 2007 and Jan. 11, 2008, the Michigan Liberty Club made different donations totaling $11,000 to the Michigan Recalls Organization. How much of that went to the Recall Andy Dillon campaign is unknown. But the campaign finance records show that about two-thirds of the $90,000 raised by the Michigan Recalls Organization and given to three recall efforts went to the effort to unseat the speaker.

Continued -The Michigan Taxpayers Alliance Foundation, as well as the Michigan Taxpayers Alliance and the Michigan Recalls Organization and Michigan Liberty Club, share the common address of 46116 Lookout Drive in Macomb. This is also the address listed with the Michigan Recalls Organization as Drolet’s home residence.

The problem, says Rich Robinson, executive director of the Michigan Campaign Finance Network, is that the Michigan Taxpayers Alliance Foundation is listed as a corporation in Michigan, and “that makes its contribution to a PAC illegal.”

Michigan law forbids PACs from accepting donations from a corporation.

The Michigan Taxpayers Alliance Foundation is indeed listed in state records as a Michigan corporation. The listing says the group is a nonprofit, but a search on Guidestar.org brings up Americans for Prosperity as the listing for the group. The group is listed as a 501(c)3, which is a tax-exempt charitable organization, meaning donations to it are tax deductible. The organization’s IRS filings show a parallel 501(c)4, which is a nonprofit charitable organization that is exempt from paying income tax on its fundraising efforts; however, donations are not deductible.

Whether the organization is a (c)3 or a (c)4 designated organization, Robinson says, it is still a corporation and Michigan law is clear in banning corporate donations.

Under Michigan law it is a felony to knowingly accept corporate money donations in a political campaign, according to Robinson. The law says it is a felony punishable by up to three years in prison and a fine of $5,000 for an individual to knowingly accept corporate campaign donations, and a fine of up to $10,000 for a group to knowingly accept such a donation.

In addition to the donation from the Michigan Liberty Club, the Michigan Recalls Organization shows a $25 donation from Breckenridge Insurance, 126 Eaton St., Breckridge, Mich. The filings also show a $25 donation from Kim Kinnie Eastside RV, Inc., 26288 Groesbeck Highway, Warren, Mich. Robinson said both are clearly violations of the law.

“You have to assume they reported this faithfully and they have essentially fingered themselves on it,” said Robinson. “One must admire their transparency but not particularly their smarts.”

“I suspect once you bring this up there will be some rapid back pedaling,” Robinson said. The back pedaling will be, he said, “something along the lines of ‘oops, wrong bank account.’ I think for most people that is a serious amount of money.”

Drolet declined to respond to phone calls and e-mails requesting comment.
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