Category Archives: Michigan Term Limits

Warren Michigan Term Limits, When the Mayor Won’t Let Go

The mayor in Warren Michigan, is trying to do an end run around voter approved term limits.

From Deadline Detroit:

This story begins in December 2014, in the political slumber between the Christmas and New Year holidays, when Warren City Attorney David Griem issued a dubious legal opinion. He claimed claimed a city charter amendment approved by voters in the 1990s, which limits officials to 12 years in an office (three 4-year terms),  is not what the electorate thought it was.

Their logic: At large council seats are different offices than ward council seats and the term limit clock counts separately if you were elected at large or in a ward.

Let’s look at the relevant section of the Warren city charter.

First council and mayor:

Sec. 4.1 – City officers. (a)The elective officers shall be the mayor, the seven council members, the clerk, and treasurer.

Sec. 5.1 – The city council.(a) The council shall consist of seven members, one of whom shall be the mayor pro-tem. There shall be five council districts and one at-large district established in the city. One member shall be elected from each of the five (5) council districts and two members shall be elected at-large. Each candidate for a city council district shall be a resident of the council district he or she seeks to represent. A city council member’s office is vacated if the member moves his or her residence outside of the council district that the member represents.

 

Next term limits:

Sec. 4.3 – Certain persons ineligible for city office. (d) A person shall not be eligible to hold the office of mayor, city council, city clerk or city treasurer for more than the greater of three (3) complete terms or twelve (12) years in that particular office. This provision shall be applied to commence with the term of office that took effect after the election on November 7, 1995.

Area reporter Chad Selwiski has done a great story on this issue, he writes:

Griem, a formerly prominent criminal defense attorney, claims that the city council operates as a bicameral legislature, similar to the distinct House and Senate chambers in Congress.

Yet, the council never meets or votes in separate sessions based on district council members vs. at-large council members.

“The words (bicameral legislature) are just not there,” the suit claims. “(The charter) repeatedly refers to a single office of city council, and there is nothing – nothing — in the charter to indicate the contrary.”

Read more here.

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Filed under Ballot measures, Ballot Question, charter amendment, Michigan Term Limits, politicians, Term limits

Term Limits, Grand Rapids, Michigan

Grand Rapids, Michigan 11/04/2014 voters approved a term limits amendment to the city charter.

Petition TL_GR_2014

Text of the Petition:

To the City Clerk for the City of Grand Rapids, Michigan: A proposal to amend the Grand Rapids City Charter, Title II; by adding a Section 5 (compilers paragraph 9.2) as follows: “No person shall be eligible for election as a City Commissioner of any Ward if that person has served as a City Commissioner of any Ward for two terms. No person shall be eligible for election as Mayor if that person has served as Mayor for two terms. A person is eligible to be a Ward City Commissioner for two terms and an additional two terms as the Mayor. Serving more than two years of a term to which some other person was elected shall be considered a term. This section only applies to the positions of Ward City Commissioner and of Mayor.” We, the undersigned qualified and registered electors, residents in the CITY OF GRAND RAPIDS, in the County of Kent, State of Michigan, respectfully petition for Initiation of charter amendment.

 

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Filed under Ballot measures, Ballot Question, Initiative, Michigan Term Limits, Petition Drive, Support These Campaigns!, Term limits

Top 7 Election Manipulations of 2014

Election manipulation is a problem. It happens when elected government officials manipulate citizens by using their power to trick voters at the ballot box or preventing a ballot question from reaching voters. It happens more often than you would think, bond proposals placed on special low turnout election dates, deceptive ballot language, or undercutting citizens when they attempt to place initiatives on the ballot. Here are the top voter manipulations of 2014.

 

7. California’s AG shut down an initiative with biased ballot language.

California’s Attorney General used political power to stop a petition drive before it started. Mayor Chuck Reed of San Jose proposed a statewide amendment to allow changes to future pensions in California. The AG wrote language naming the most popular state workers (teachers, nurses, peace officers) and suggesting their retirement security would be compromised. Voters never had the chance to decide this issue.

 

6. Election to increase road taxes scheduled for the worst month for potholes.

Michigan voters were justifiably angry last spring when it became obvious the legislators had neglected one of their core duties, funding road repair. All year the legislature avoided the issue, promising to find a resolution after the November election. Late in the session a senate proposal for $1.2 billion in new taxes was pitted against a revenue neutral ($0 new taxes) house proposal. Elected officials then avoided the issue by proposing a constitutional amendment for a $1.7 billion tax increase. They chose to have a special election will be in early May, during Michigan pothole season.

 

5. Change the law to undermine petition gatherers.

Petitioners in Michigan gathered hundreds of thousands of signatures to change the state minimum wage law. However, as they neared the deadline to submit the signatures politicians passed a lesser minimum wage increase. When the legislators passed their increase they changed the law and negated all the petition signatures that had been gathered. This was not an example of legislators passing a law to compromise. The legislature went out of its way to prevent a vote on increasing the minimum wage, most likely to avoid higher democrat voter turn-out in November.

 

4. Lie on the ballot.

Phoenix voters voted against something that was never proposed. The issue? The city council wrote ballot language that lied to voters, the section of interest “prohibit City contributions to any other retirement plan, including deferred compensation plans, post-employment benefit plans and the police officer and firefighter retirement system.” The initiative did not affect police or fire employees (the pension programs for police and fire are covered under state law not touchable by city initiative).  At the ballot box voters were mislead to believe they were protecting public safety employees but they were instead protecting the city council’s ability to continue promising benefits without paying.

 

3. Cheat voters through legal loopholes.

After legislators passed a law allowing wolf hunting the HSUS (Human Society of the United States) petitioned to call a vote using the Michigan’s referendum process. Rather than back down, legislators passed another law to allowing wolf hunting, again the HSUS stepped in and gathered signatures using Michigan’s referendum process. Yet a third time the legislature passed yet another law to allow wolf hunting, but this time they included a spending provision to preclude another referendum petition. In November Michigan voted against wolf hunting (twice) but wolf hunting goes forward due to this voter deception.

 

2. Politicized courts block initiative.

Illinois courts stopped voters from voting on term limits. In 1994 petitioners in Illinois gathered signatures to place term limits on the ballot. Courts at that time decided the proposed law was only structural and must be structural and procedural due to this clause in the state constitution “Amendments shall be limited to structural and procedural subjects contained in Article IV.” This year an amendment was proposed that included structural and procedural changes. The courts this year changed their justification and simply shot down the measure as “unconstitutional.”

 

1. Trojan Horse, hide something people don’t want in something they like.

Arkansas legislators tricked voters on term limits and pay increase. Arkansas legislators are allowed to put three legislative referrals on the ballot every 2 years. Historically this has worked to limit legislative attempts to push through too many constitutional changes each election cycle. However, in a move to trick voters in to passing an unpopular term limit extension and avoid asking voters for a pay increase politicians rolled thirteen amendments to the state constitution into one ballot question. This twenty-two page proposal labeled “ethics reform” gave lip service to popular issues like banning gifts from lobbyists, stopping legislators becoming lobbyists, and a commission to set pay for elected officials. The last phrase of a long ballot title (written by the politicians) “establishing term limits for members of the General Assembly” was obviously intended to deceive voters. Arkansas had 6 and 8 year term limits, this amendment more than doubled those limits to 16 years. Pay raises will now be approved by a commission appointed by the people getting the raises. Voters were duped and approved this measure 52%-48%.

 

 

 

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Filed under Arkansas Term Limits, Ballot measures, Michigan Term Limits, Uncategorized

Leading the Charge for Term Limits

Michigan native and Liberty Initiative Fund Field Director Scott Tillman and his father Jeff are leading a grassroots effort in the Wolverine State to keep legislative term limits as they currently exist.  He has created an organization called Citizen Cavalry to bring attention to the efforts of outgoing State Senate majority leader Randy -486c9a655825d994Richardville, who is making the weakening of term limits one of his priorities of the lame duck session.

Tillman is touring the state with a 10-foot wooden horse, adorned with banners bringing attention to Richardville’s efforts.  The legislative term limits were approved by voters on a 1992 ballot measure, which amended the state’s constitution.

“It takes a big horse to scare away lame ducks.” Scott Tillman said of the horse. “We don’t want professional politicians, we want citizen legislators.”

Tillman has already found support in a Lansing area lawyer, Gregory Schmid.

“Long-term power breeds corruption,” Schmid said. “We want smart people to be in the legislature and to be experienced in government, but not entrenched. We’re trying to stamp out longtime fiefdoms.”

Read more from: Michigan Live

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by | November 21, 2014 · 9:05 pm