For Immediate Release:
For more information, contact:
John Anthony La Pietra
Elections Co-ordinator, GPMI
(269) 781-9478
Michigan
Conservatives Again Thwart Emergency Manager Law Repeal
In a unique conclusion, a three-judge panel of
the Michigan Court of Appeals
agreed that there was a precedent which would place the Emergency Manager Repeal
on the November ballot, but the panel stayed the ruling citing disagreement with
the previous judgment. The Green Party of Michigan calls on judges in this case
to act now to let the people express their will and political power this
fall.
Last month, the Board of State Canvassers
decided to rule against the group Stand Up for Democracy who recognized that
Governor Snyder's Emergency Manager Law was undemocratic; the citizens of
Michigan never had a say in its enactment, and it took away their right to
empower their elected representatives. The petition had far more signatures than
was required to get the question on the ballot, but a false technicality may
thwart the will of the people.
A conservative group, Citizens for Fiscal
Responsibility, argued that the requirement for a 14-point font size for the
header was not met. A partisan vote on the Board of State Canvassers let this
challenge block the referendum. Not deterred by this decision, Stand Up for
Democracy appealed and hoped to have the matter decided in time for the people
to vote on the law in November.
The
three-judge appeals court panel included Kurtis Wilder,
Kirsten Frank Kelly, and Michael Riordan. Even though it is a non-partisan
appointment, these are three judges with distinctively conservative backgrounds:
Judge Riordan was appointed by Snyder, Judge Wilder is a member of the
Federalist Society, and Judge Kelly is a Republican Party member and a vocal
opponent of “judicial activism”. This may serve to explain why they voted
unanimously to maintain this law which broadens the power of a Republican
governor despite clear legal precedent. It should come as no surprise, given
that the Republicans in the Board of State Canvassers voted likewise.
The 2002 precedent the appeals judges have to
overcome states that a petition only needs to be in substantial compliance with
guidelines. In other words, if the petition is readable and the wording is
clearly visible, the petition should be deemed valid and the people
should get to vote on it, even if the size or style of some type may be slightly
off.
While judges must
follow precedent set in earlier rulings, the judges in this case stayed their
decision pending a possible review panel who will look over the previous
judgment and decide whether to overturn the precedent. If it is overturned, the
petition may again be rejected; if it is not, the petition will be approved.
Still, this may all
be a moot point, as MSU professor Chris Corneal, a graphic design expert,
attested recently. “I determined that [the disputed petition text] was Calibri
bold set at 14 point. Simply measuring
the heighth of the capital letter will not give an accurate point size. It
should include the cap heighth, plus the depth of the descender [the lower part
of, say, a g], plus a little buffer area that is different for different cap
heighths.” Using this
expert's means of measurement, the stated standard was indeed met, negating the
need for the special panel sought by the appeals court.
As there is a strong contingent of Green Party members in the Detroit
area, arguably the region most affected yet by the law, the party has taken a
great interest in its repeal. In an earlier release, the Green Party called on
the powers-that-be to consider Article I, Section 1 of the Michigan
Constitution: “All political power is inherent in the people. Government is
instituted for their equal benefit, security and protection.” The citizens of
Michigan spoke through the signing of the petition, following a clearly
democratic process in order to overturn a clearly undemocratic law.
John Anthony La Pietra, GPMI's Elections Co-ordinator, points out:
“The precedent these three judges don't like is founded on the
bedrock of the Michigan constitution, which says power belongs to the people –
and adds that the people reserve for themselves the power of initiative and
referendum.
“Of course that should trump any minor technical difficulties
with these petitions -- if there were any. But the facts and the record are
clear that the petitions are not only in substantial compliance
with the statutory requirements -- they are in actual
compliance.
“GPMI has urged prompt action before. Now we insist that Michigan's elected and appointed judiciary act immediately to declare the petitions valid, suspend PA 4, and put the referendum on the ballot. Any more delay will deny justice and block the people from exercising their power by voting.”
“GPMI has urged prompt action before. Now we insist that Michigan's elected and appointed judiciary act immediately to declare the petitions valid, suspend PA 4, and put the referendum on the ballot. Any more delay will deny justice and block the people from exercising their power by voting.”
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References:
Expert on graphic
design:
Biographies of Appeal
Judges:
Appeals Court
Decision: