Michigan senators draft new EM law if voters approve repeal

• BY JEFF KAROUB/AP

Lansing — The leader of the Michigan Senate said he and fellow Republican colleagues are armed with a proposal to replace the state law that lets emergency managers take over local governments in the event voters strike it down in November.

The behind-the-scenes effort, which doesn't appear to involve Republican House leaders or GOP Gov. Rick Snyder, aims to keep a form of the contentious law on the books while acknowledging some of the critics' concerns, which include that it takes too much power from local leaders struggling with budget deficits.

Senate Majority Leader Randy Richardville of Monroe told the Associated Press on Thursday the move is not an admission the current law is flawed, but the new draft takes those concerns into account. He said he couldn't provide details about the alternative bill because the draft is under legal review.

"If something happened like that bill was overturned, I think the Legislature would have to be ready to respond and to still deal with the emergency," Richardville said. "You can eliminate the financial manager from the emergency financial manager legislation, but you can't remove the emergency."

The legislative tinkering is the latest twist in the battle over the law that went all the way to the Michigan Supreme Court last month. The state's highest court ruled a union-backed referendum to repeal the law can go on the ballot in November.

The law passed last year by the Legislature and signed by Snyder allows the governor to appoint people to run cities and school districts that are broke. Managers have sweeping authority to cut spending, sell assets and tear up contracts without the approval of elected officials.

The city of Detroit, struggling with record deficits for years, narrowly avoided such a takeover earlier this year.

The law has since been suspended until the election and replaced by the previous public act that gives emergency managers fewer powers. But that's also being contested — a lawsuit was filed this week by civil rights lawyers that claim the "old law is dead" because there is no legal framework to support it.

Emergency managers are operating in Benton Harbor, Flint, Pontiac and Ecorse, as well as in school districts in Detroit, Highland Park and Muskegon Heights.

Richardville said a replacement will be needed if the law is struck down.

"It's certainly a priority to make sure we help these communities out," he said. "We've had some real concerns that people in these communities could go without crucial services unless somebody was in there and given authority to fix things."

In Pontiac, emergency manager Lou Schimmel said his city and others will be "runaway fiscal nightmares" if the law is overturned and there is no substitute.

"There isn't anyone in this city who could run this city. ... We're not there yet," said Schimmel, who was appointed a year ago.

A spokesman for Republican House Speaker Jase Bolger of Marshall said that chamber's Republican leadership isn't working on a replacement bill and declined to speculate on whether it would also become a priority for the House if the law is repealed. Still, spokesman Ari Adler said Bolger is concerned about what happens to communities with financial emergencies if the law is repealed.

"Speaker Bolger supports Proposal 1, but ballot proposals are a time when voters have their chance to speak directly and it's important for legislators to listen to what they say with their votes," Adler said.

Likewise, Snyder is instead focusing on "making the strong case for why Public Act 4 is a critical and necessary tool," his spokeswoman Sara Wurfel said.

"We have an obligation to ensure continuity, prevent chaos and ensure health, safety and welfare of citizens, but can't work in hypotheticals and will have to cross that bridge if and when we come to it," she said.

Robert McCann, spokesman for Senate Democratic Leader Gretchen Whitmer of East Lansing, said Democrats would prefer a bipartisan approach "rather than an end-around" by Republicans.

"They haven't shown great concern for community input up to this point," McCann said. "If this one is different, I think it would be a step in the right direction."

The Michigan Legislature has one session scheduled in October then doesn't reconvene until after the Nov. 6 election.

Michigan Supreme Court: Put emergency manager law on the ballot

From Rachel Maddow Blog

The voters of Michigan will get a say on the state's emergency financial manager law. In a 4-3 decision, the state supreme court ruled today that the petition drive met the requirements and should be certified for the November election. That petition had been challenged by agroup based in the office of a member of the elections board that rejected it. The challenge alleged that the type on one line of the petition was not 14 point. The court ruling isremarkably technical (pdf) -- font nerds, skip to page 18 for the time of your lives -- and the most exciting part might be this:

In the present case, plaintiff used 14-point Calibri font for its petition heading, as attested to by plaintiff's printer.

Today's ruling means that the emergency manager law will go on ice, after it's officially certified, until the referendum this fall. That has large and potentially confusing implications for the towns and school districts the state has taken over under the law.

What happens to the Muskegon Heights school district, which a new emergency manager just converted to a charter system run by a private company? Who's in charge in Benton Harbor, where elected officials have been stripped of all power and a blizzard of recall attempts is underway? Do Detroit schools have to keep their new ceiling of 61 kids in a class, as ordered by the emergency manager? For that matter, does Detroit still have to slash its city workforce under the consent agreement they signed to avoid getting an emergency manager?

However the answers turn out, the campaign to repeal the emergency manager law can now begin. By dragging the matter out this long – the petition could have been certified back in April -- supporters of the law have taken away weeks that the repeal effort could scarcely afford to lose. The repeal side is trails by 10 points in the polls, but there are twice that many undecided voters for their campaign to try to reach.

Planned Detroit-to-Lansing protest march opposes Michigan emergency manager, voting laws

By Kathleen Gray/Detroit Free Press

The Michigan chapter of the National Action Network, the community organization founded by Rev. Al Sharpton, will march from Detroit to Lansing later this month to protest voting laws that are awaiting Gov. Rick Snyder’s signature.

The group, which will walk along Grand River from Detroit to the state Capitol on July 23-27, also wants a repeal of the state’s controversial emergency manager law immediately placed on the Nov. 6 general election ballot.

“Voting rights are very personal to us,” said Rev. Charles Williams II, president of the local chapter of the network. “We can see very clearly what’s behind the Republican party’s tactics.”

The laws, which were passed by the legislature last month, would require voters to present identification to get an absentee ballot and declare that they are U.S. citizens both in registering to vote and when applying for a ballot on election day.

Republicans in the legislature believe the bills will prevent voter fraud while Democrats contend that it will discourage some people, especially minorities, from voting.

Snyder hasn’t said if he will sign the bills.

A petition drive to repeal the emergency manager law got enough signatures to qualify for the November ballot. But the state Board of Canvassers voted 2-2 on a challenge to the petition on the grounds that the font size on the actual petitions was not the right size. The tie vote kicked the issue off the November ballot.

The state Court of Appeals ruled that it should be on the ballot, but the supporters of the emergency manager law have appealed that ruling to the Michigan Supreme Court.

Williams said that if Snyder vetoes the voter laws and gets the emergency manager repeal on the ballot, the group will back off its protest march.

“Thirty-nine other states have these exact same voter suppression laws and they are always sponsored by Republicans,” Williams said, adding he hopes Snyder vetoes the legislation today (Monday), on the anniversary of the day that former President Lyndon Baines Johnson signed the Voting Rights Act.

Repeal of Michigan emergency manager law could go to ballot after 200K signatures gathered

By Suzette Hackney andMatt Helms/Detroit Free Press

A citizens group fighting to overturn the state’s emergency manager law announced this afternoon that they have enough signatures to have the question placed on the November general election ballot.

The group collected 203,238 valid voter signatures – more than 40,000 more than the 161,305 that were required, leaders of Stand Up for Democracy say a state official has reported. The group has been working to repeal Public Act 4, which gives Gov. Rick Snyder sweeping authority to appoint emergency managers to oversee troubled cities or school districts.

“This is an important step in the effort to stand up for democracy in Michigan,” Herb Sanders, director of the coalition, said in a press release today. “This report clearly shows that people across the state want the opportunity to vote to repeal the emergency manager dictator law. Now it is up to the State Board of Canvassers to honor the democratic process and let the people vote.”  Fred Woodhams, spokesman for Secretary of State Ruth Johnson, said today that the Bureau of Elections staff reviewed the signatures, selecting random signatures for verification, and will notify the Board of Canvassers that the petition group raised enough signatures to proceed.

“It's not an official determination,” Woodhams said, but the elections staff examination “found that there’s a sufficient number of valid signatures filed” for the issue to appear on the ballot.

While the number of signatures hasn’t been questioned, Woodhams said, the size of the type used on the petition forms was challenged as improper.

On Thursday the Michigan Board of Canvassers is expected to meet in Lansing to decide whether the petition will be placed on the November ballot.

“It’s entirely up to the Board of Canvassers” whether the font size issue is enough to stop the petition, Woodhams said.

On April 4, Detroit and the state entered into a consent agreement that gave state officials significant power to dictate the city’s financial future. Snyder and city officials said the agreement was put in place to avoid the appointment of an emergency manager. Detroit officials opted to call the pact a financial stability agreement in an effort to avoid any connection with, or adoption of, Public Act 4 language.

Terry Stanton, spokesman for state Treasurer Andy Dillon, said the governor and other state officials believe that even if Public Act 4 of 2011 is ultimately overturned, previous laws on the books would provide enough legal groundwork for much of the consent agreement to stand.

“The administration’s position has been and continues to be that if P.A. 4 is suspended then pending a statewide vote, Public Act 72 of 1990 would be revived,” Stanton said today, and that law gives the state and city many of the same powers to create a consent deal.

Detroit Mayor Dave Bing's office said: “We understand there are outstanding issues in the certification of the petitions, but if Public Act 4 is successfully challenged, we'll simply follow the law as we have all along."

Stanton said Snyder’s staff also believes emergency managers appointed for cities including Pontiac and Flint and school districts in Detroit, Highland Park and Muskegon Heights also would stay in place without Public Act 4.

Greg Bowens, a spokesman for Stand Up for Democracy, the group that coordinated the signature gathering, said that, even before a formal decision is made on challenges to the petition, the group’s success at gathering more than 40,000 signatures above the minimum needed was a significant win.

“There were people who didn’t believe we would get enough signatures to begin with,” Bowens said. “It was an all-volunteer effort.”

Bowens said the group believes challenges to the petition, including wording and font size, will not lead to it being rejected Thursday. He said the group believes it is in substantial compliance with state requirements for petitions to be considered valid.

Bowens said Stand Up for Democracy, backed by groups including Michigan Forward, the NAACP, the Sugar Law Center for Economic and Social Justice and labor unions, disagrees with the Snyder administration on what should happen if the issue wins approval by the state Board of Canvassers on Thursday.

“Once they vote to certify, the law is suspended, and emergency managers can no longer operate,” Bowens said. “For all intents and purpose they should cease and desist until the people have the right to vote on the law” in November.