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    Who are the NERD fund donors Mr Snyder?

    Raise the curtain.

    Secretary of State proposes Constitutional Convention procedures


    By Republican Michigander, Section News
    Posted on Sat Apr 18, 2009 at 02:40:41 PM EST
    Tags: Constitutional Convention, Con-con, 2010 (all tags)

    A major press release came out from the Secretary of State's office regarding the upcoming con-con on the ballot. I'll need to see the exact language before giving final opinions, but this is a good start for discussion purposes and brings this front and center. We do not know if this will be needed or not, but we do know that the con-con WILL be on the ballot in 2010. It may pass or fail, but we need to prepare like it will pass, regardless of our feelings on this one way or the other.

    Legislation being drafted to put process in place

    Secretary of State Terri Lynn Land is proposing legislation to establish procedures for a possible Constitutional Convention, a move that prepares Michigan if next year voters call for one.

    Voters decide every 16 years whether a convention will be convened to revise Michigan's Constitution. The question will be on the Nov. 2, 2010 general election ballot. While minor provisions regarding a convention remain in law, procedures for electing delegates and convening a convention were repealed in 1967. Land's proposal ensures that a process is in place should the ballot question be approved.

    "A recent pattern of attempts to amend sections of the constitution indicates a strong possibility of calling for a convention," Land said. "Establishing a process ahead of time lays the groundwork for an effective, well-run convention if one is needed."

    Under the constitution's provisions, the convention would begin work in 2011. It would consist of 148 delegates -- one from each state Senate and state House district. State legislators currently in office are precluded from serving as delegates.

    There's the background. That means there will be possibly three delegates from Livingston County. One for the Bill Rogers district, one from the Cindy Denby District, and Valde Garcia's district which also covers Shiawassee and part of Ingham County.

    The proposals are as follows.

    Requires convention delegates to be U.S. citizens and qualified electors of the delegate district.

    A no brainer.

    Sets the primary election date for delegate candidates on the regular February election date, and the general election on the regular May date.

    This is needed to comply with existing law. Elections are possible four days a year, and the convention is scheduled for July as given in the State Constitution. The only possible dates for this election are February and May. While this is a relatively uncontroversial proposal, it's a must. Unfortunately, the existing law is also not as specific as I'd like it regarding the primary procedures, and I'd like to see this be a primary election instead of a convention or county party choice system.

    Establishes delegate nominating petition or filing fee procedures similar to those for state senators and representatives. Candidate write-in and withdrawal procedures also are included.

    This is something that isn't covered at all and is how it should be.

    Requires the convention to convene at noon on the second Tuesday in July 2011. The convention continues until its final adjournment.
    Makes the term of office for delegates coincide with the convention, regardless of boundary changes resulting from any potential redistricting.

    Also important, although I'd be careful in how this is drafted. When will redistricting be?

    Requires the Secretary of State to call the convention to order and preside over it until a convention president is elected.

    Not a big deal on controversy, just a simple procedure.

    Specifies that when vacancies occur due to resignation or other reasons, the governor must appoint a resident of the same district and political party as the delegate who is vacating the position.

    I don't like gubenatorial appointments, but that is probably the best that can be done given the current laws in place. This is an improvement (governor appoints all vacancies, period).

    Requires a two-thirds vote by the entire delegation to remove a delegate from office. It also establishes recount and recall provisions similar to those for state senators and representatives.

    I need to check current law on this before I comment. I like 2/3, but I'd restrict it further to misconduct or no-shows.(outside of recall provisions). 2/3 should be a safeguard against that.

    Compensates the president and delegates with mileage reimbursement for one round trip per week when the convention is in session.

    Mixed views.

    Puts delegates and committees under Michigan's Campaign Finance Act. Contribution limits are similar to those for state lawmakers within appropriate timelines. It also puts delegates under the Lobby Act as lobbyable public officials.
    Land will work with lawmakers to have the legislation introduced once drafting is completed.

    This is the major provision. Right now, it is not known whether delegate candidates fall under the campaign finance act. That's an open question depending on a few technicalities.

    Now I want to close out this mentioning one thing. These are proposals, not law, and may not be the provisions passed. The legislature needs to be watched like a hawk on which provisions are being considered. This is the biggest issue on the ballot since 1994 - which was the last time a con-con was on the ballot (Every 16 years). If this passes, there will be a new constitution in Michigan. The State Constitution is the Supreme Law of the land here (second only to the US Constitution). Literally everything is on the line, regarding every issue. This is the Holy Grail of power.
    I posted the other day a small sample of what is in stake with a con-con. Everything is at risk.

    The con-con needs to be defeated, but we need to prepare for its passing so we are not caught offguard in February.

    < The Weekend in the Sphere | Gas tax to increase in Michigan soon? (Side title - we're broke despite revenue increases) >


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    Just for the sake of debate (none / 0) (#1)
    by thejmfc on Sun Apr 19, 2009 at 02:45:51 AM EST
    While I agree that there is a LOT at risk here, isn't there also a chance for constructive changes?

    Obviously the risk/reward ratio would depend greatly on the political climate of that moment in state history.  With all delegates being elected at once, the convention would be a true snapshot of the mood of the state - which does seem a very dangerous thing at first glance.  I much prefer the checks and balances and overlapping terms of the usual system, which serves to minimize the effect of electorate mood-swings.

    Still, I wouldn't be surprised to see a retreat toward conservatism right around '10, based on the over-reaching first four months of this Presidency and Congress, in which case a Con-con could (though still risky) actually lean in the Conservatives' favor.  

    Do correct me if my contrarian optimism is unfounded.  It may well be, since I am no expert on the subject.

    What can we gain, what can we lose? (none / 0) (#2)
    by Republican Michigander on Sun Apr 19, 2009 at 11:31:34 AM EST
    With a Con-Con, we can:

    Gain:
    More tax and spending safeguards
    Get rid of the Embyronic Stem Cell language
    Enact more rights protections (Hunting)
    Revamps governmental structures
    Modify or not modify term limits.
    Change how some offices are nominated.
    Redistricting reform

    Lose:
    Headlee. Prop A. Ballot requirements for some taxes.
    Checks and balances on some governmental offices
    Gas tax only goes to roads
    Affirmative Action ban
    Right to keep and bear arms on the state level
    Right to vote on judges
    Redistricting reform
    Ballot initiative process
    Ability to amend the constitution.
    Referendum
    Recall elections

    But in the end, literally everything is on the line. I don't want to risk Headlee, the amendment process, ballot initiatives, recalls, and the ability to vote for/against some taxes.

    Everyone is asking me, "What is next".. (none / 0) (#4)
    by apackof2 on Sun Apr 19, 2009 at 04:07:02 PM EST
    after the tea party.

    What is next is in our own backyard

    1. NO CON-CON

    OKLAHOMA PASSED SJR 11

    rescinding applications for a Federal Constitutional Convention. A Federal Constitutional Convention would potentially allow the entire U.S. Constitution to be opened to amendment, including the first ten amendments, known as the Bill of Rights.

    AND

    2. OKLAHOMA ALSO PASSED SJR10, a bill affirming Oklahoma's Tenth Amendment sovereignty powers,

    In Michigan, Rep. Opsommer offered the following concurrent resolution:

    House Concurrent Resolution No. 4.A concurrent resolution to affirm Michigan's sovereignty under the Tenth Amendment to the Constitution of the United States and to urge the federal government to halt its practice of imposing mandates upon the states for purposes not enumerated by the Constitution of the United State.

    Its stuck in Committee on Government Operations.

    We need to get it "unstuck"

    3. Additionally, we need to stop Michigan from entering into a federal agreement to put unencrypted, long range RFID computer chips into our driver's licenses presenting a huge privacy risk with very little benefit.

    "Rep. Opsommer is calling for Michigan Governor Jennifer Granholm to use her power to review Michigan's agreement with the federal government:
    The Governor can get us out of this agreement with thirty days notice before a single one of these licenses is issued"

    Michigan CAN apply for a waiver to extend the date for their compliance with the law for as long as 18 months.

     Btw, once again Oklahoma has received a waiver and has passed a law stating that it will not comply with the federal Real ID

    While there is a lot of things that... (none / 0) (#5)
    by KG One on Mon Apr 20, 2009 at 11:35:37 AM EST
    ...I disagree with the SoS about, this isn't one of them.

    In this instance, she's merely doing her job.

    Now, as for actually having a con-con, this is something that needs to have a mud-hole stomped into it, bludgeoned, shot, nuked and buried as soon as possible in an unmarked grave.

    With Lansing about to implode budget-wise due to its reckless spending practices, this can open a literal can of worms (to say nothing about our wallets) in the coming years.

    Scoop leads to reform! (none / 0) (#9)
    by chetly on Mon Apr 20, 2009 at 02:47:10 PM EST
    I'll have to say, OutsideLansing was the first to point out the lack of rules or thought given to Con-Con procedures when we noted that there was no campaign finance provision for Con-Con delegates.

    In 2008 that lead to legislation proposed by Marty Knollenberg (before I worked for him) equalizing delegates to state reps. or senators depending on their district.  And Marty's way ahead of this issue again - he'll have a bill number in the next few days (the process takes weeks so it was in the hopper before Land announced her package) on that issue again.  Kudos to Land though for a broader review of necessary changes.

    It's cool how little stuff can cause bigger movement over time.


    Chetly Zarko
    Outside Lansing & Oakland Politics

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