Michigan Eclipse: Will the Sun Ever Shine on the State’s Dark Money?

A tumultuous morning in the Michigan State Capitol revealed a stark divide between Secretary of State Ruth Johnson and the Michigan State Senate on the issue of disclosure of dark money. At stake was was whether the sources of “some of the most negative advertising in political campaigning,” to quote Johnson, should be required to disclose their spending and their donors.

In our recent 2013 scorecard of essential disclosure requirements for independent spending, the National Institute on Money in State Politics gave the state of Michigan an F because it was one of 25 states that do not require any disclosure of electioneering communications, which are those that stop just short of advocating for or against candidates. This lack of transparency has been Michigan’s policy dating back to 2004, when then-Secretary of State Terri Lynn Land ruled that electioneering communications were not covered under Michigan’s campaign finance laws and thus were free from disclosure requirements. This morning, Secretary of State Johnson announced that she planned to use the powers of her office to require reporting of electioneering communications within 30 days of a primary election or 60 days of a general election, and also require groups spending more than $500 on electioneering communications during a single election cycle to form a committee and disclose donors.

Within an hour of Johnson’s announcement, the Senate Committee on Local Government and Elections voted 3-1 to prohibit administrative regulation of electioneering communications. The full bill, passed 20-18 a few hours later by the full senate, also included provisions that would double existing contribution limits for candidates and PACs and require the Secretary of State to adjust the limits every four years to account for inflation. The fate of additional disclosure now rests with the Michigan House of Representatives and Governor Rick Snyder. Will Michigan retain its failing grade for disclosure or will it support transparency?

Reposted from Follow The Money - Nov 14, 2013 by Zach Holden, shared using Creative Commons Attribution

Subverting Detroit's Vote

The Office of the Attorney General in Michigan is aligned with working toward Emergency Management. This was demonstrated in 2012 in statements regarding the referendum to Repeal the Emergency Manager Law. The referendum sought abrogation of the law. The Attorney General's opinion reduced the effect to subrogation by insisting that a replacement law for that being repealed had to be available.

The AG's opinion on Aug 6, 2012 indicated PA 72 was to be revived contradictory to MCL 8.4.1. Some would call this a zombie law because the law says once a law was repealed as PA 72 was to make way for PA 4, then it could not be revived. AG Schuette's opinion was the revivification forumla for the zombie law. The Attorney General opined that MCL § 8.4 prevents the revival of an earlier statute by repealing legislation, but not when the repeal was initiated by voter referendum: The disapproval of an act by referendum does not constitute a “legislative enactment” but rather the “disapproval” of a prior legislative enactment. Accordingly, MCL 8.4, on its face, does not apply to a referendum.

The revived law was brought to trial in April 2013. The following statement from trial records (2:13-cv-11760-GCS-RSW Doc # 19 Filed 05/15/13 Pg 6 of 11 Pg ID 271) demonstrates the intent of the public vote was ill-conceived by the court hearing the case.

The Attorney General opined that MCL § 8.4 prevents the revival of an earlier statute by repealing legislation, but not when the repeal was initiated by voter referendum:

The disapproval of an act by referendum does not constitute a “legislative enactment” but rather the “disapproval” of a prior legislative enactment. Accordingly, MCL 8.4, on its face, does not apply to a referendum.

Under this opinion the voting power of the people under a referendum does not supercede that of our elected representatives and the people thereby have no access to remove a law once enacted. Apparently once a statute has been set it can't be removed unless through our representatives. This is how AG Schuette has interpreted the intent of MCL 8.4.

The injury alleged by plaintiff is the dilution of his voting power due to defendants’ unconstitutional interpretation and application of Michigan’s anti-revival statute. Plaintiff argues that the revival of PA 72 “debased, diluted and weakened [his] vote to repeal Public Act 4 in the November, 2012 general election.” (Complaint ¶ 22). Plaintiff acknowledges that his vote was counted in the November, 2012 election. Plaintiff also acknowledges that he was aware of Schuette’s opinion regarding the permanent revival of PA 72 at the time of the election, so before he voted he knew what the outcome would be if the referendum passed. Finally, plaintiff acknowledges that he is arguing a unique impact on his vote in the form of diminished voter expectations due to the fact that the State does not agree with the position taken by the referendum.

The problem with plaintiff’s standing to bring this action is that his asserted protected interest is not “concrete and particularized.” Rather than being individually targeted, his alleged injury is shared with over two million members of the statewide electorate. It is speculative for plaintiff to argue that all of the voters expected MCL §8.4 to be applied such that the repeal of PA 4 would not revive PA 72. In light of all of political and legal maneuvering leading up to the election, which was widely covered by the press, the more likely accurate speculation is that the educated voter knew that if PA 4 was repealed PA 72 would be revived. It is reasonable to speculate that the class of voters who voted for the repeal of PA 4 knew PA 72 would be revived if they were successful, and they wanted this less intrusive statute which had been on the books since 1990, as opposed to the available alternatives included bankruptcy or PA 4.

For a host of reasons, including the ones discussed above, the court finds it unlikely plaintiff has standing to bring this case.

November 6, 2012 over 60% of Michigan voters voted NO on Proposal 1 and successfully repealed PA 4 of 2011. Michigan legislators got to work on revising a skeletal new Emergency Manager Law bill and pushed it through during the lame-duck session in December 2012, giving Michigan PA 436 signed into law by Lt Gov Calley on December 30, 2012. This new law would replace the propped up "zombie law" PA 72 on March 28, 2013. Detroit, you must understand your right to vote and to petition grievances is seriously undermined by the State of Michigan and its court system. Appealing cases up to the Federal level takes a lot of labour and manoeuvring with allies.  It takes escalating information outside the local and state viewing to national and international viewers. It takes finding allies in "unlikely places".

Get Out And Vote Detroit!

The Detroit Free Press Editorial Board published a story "Editorial: Dark money invades Detroit politics", about the Michigan Community Education Fund. The article brings forward the position that "Detroit Forward isn’t the problem. It’s just a symptom of a broken campaign finance system that abets special interests who seek to manipulate the political process without leaving fingerprints." Yes money in politics is a nuisance, but if you fail to fight back on the same ground that you're being targeted then the battle is conceded without a fight. Its a matter of equality in the system.

Section 501(c)4 of the U.S. tax code — including the provision that allows nondisclosure of donors — has been around for about a century. But in 2010, the U.S. Supreme Court’s ruling in the Citizens United case changed the ways in which corporations and unions can spend money in political campaigns, giving them the ability to spend directly to influence campaigns. Pair the ability to spend directly in political campaigns with the nondisclosure provision of the 501(c)4, and suddenly, that kind of nonprofit became an attractive vehicle for donors who didn’t want to be publicly associated with an issue or campaign. And in the last three years, 501(c)4s have roared into action. Gov. Rick Snyder’s New Energy to Reinvent and Diversify Fund (NERD Fund) took in $1.3 million during its first year in operation. Attorney General Bill Schuette is supported by a 501(c)4, On Duty for Michigan. --- Free Press Editorial article

Deadline Detroit also offered a story "Mike Duggan, SuperPACs And The Dawning Of The Age Of Plutocracy" about the Super PACs and their alignment with the candidates for Mayor of Detroit. The article also offers links to the campaign finance reports for Turnaround Detroit (Duggan) and Detroit Forward (Napoleon).

The era of SuperPACS in Detroit is just dawning; there is no indication that it will go away. The U.S. Supreme Court spoke forcefully in 2010 that many types of donations to political campaigns are protected by the First Amendment's free speech guarantees. As recently as Thursday, a federal appeals court struck down a law in New York state that limited contributions to independent political committees, and SuperPACs suddenly can get involved in the waning days of New York City's mayoral campaign. Similar laws in other states have been overturned. Wealthy people in metro Detroit have always had much more influence on political candidates than regular citizens, like they do everywhere. And many of the rich people and their organizations that gave to Mike Duggan stand out for being public spirited, giving generously to a variety of causes that make life better in the city and region -- even buying much-needed police cars and ambulances. --- Deadline Detroit article

Education Conversation in Michigan Focuses on Family

Opinion by Stephen Boyle

The following comment was offered to the Free Press opinion article "Editorial: How Lansing can get in step with the people's agenda for public education". An additional story well worth reading is "Low-income Americans languish in jail because they can’t afford bail" at RawStory.com.

The War on the Poor being waged through cutting services, redlining, and preying on youth to drive felony charges upon them has to stop. Hope for bringing poor families together is being destroyed by several things. Taking care of these will change the opportunity for conversation about family involvement with our children's education.

The Belle Isle Giveaway

Today, Tuesday January 24 at 1pm Neighborhood Community Services committee of Detroit City Council meets and on the agenda is the amended Belle Isle Lease proposal. You may have only seen the January 17 version of the lease proposal. You can find the amended version of the lease from January 22 through our public documents. And you may not have seen the confidential analysis done by Research And Development (RAD). These were declassified and released to the public Tuesday during the City Council session.

A lengthy conversation regarding closed versus open meeting was held and security measures appeared to be the stumbling point for opening the 2pm planned closed session. It is anticipated all council members will be at the 2pm meeting and likely the 1pm committee session (click for agenda). Public comments usually take place at the end of committee meetings, whereas on Tuesdays public comments are held first.

PUBLIC HEARING UPDATE
MONDAY JANUARY 28 at 1:00PM

Banner at rally on Belle Isle held September 22, 2012

There is significant public opinion that Belle Isle should remain with the City of Detroit and claims that it is poorly maintained are false allocations. Off season employment is under 5 people taking care of the island, which rises seasonally. This has been presented to council this fall at the time that Free Detroit, Occupy Detroit, We The People of Detroit, and other organizations gathered for an informational rally on Belle Isle.

Citizens are concerned and the Bing administration doesn't seem to be listening. We are asking what is Detroit getting from this lease arrangement? The owner of property should be in the favored position in negotiations. Voice of Detroit created a chart showing the score and it certainly doesn't seem to be favoring the city. The people opposed state this is a land-grab, or giveaway and hundreds of people have appeared when these issues are brought forward. Perhaps the delay of working on the Belle Isle lease agreement until the weather is bitter cold is a plot to keep the public from showing in force.

From Voice Of Detroit article

Please read over the analysis document and the lease agreement as it is evolving through amendments. If you are unable to attend prepare a statement and email it ASAP to the members of the Neighborhood Community Services committee before the meeting, requesting it is read onto the records and discussed during public comments. Email addresses are: councilmembertate@detroitmi.gov, WatsonJ@detroitmi.gov, K-Kenyatta_MB@detroitmi.gov, CouncilPresidentPugh@detroitmi.gov

Points of information to consider:

• The greenhouses on Belle Isle remain operating under the City of Detroit. They have been in disrepair for a number of years. Nearby are the Aquarium (oldest municipally ran aquarium in the world), and Conservatory - both of which would be transferred to Michigan Department of Natural Resources (MDNR). The Aquarium has received corporate and foundation grants allowing the roof to be repaired and it has been staffed by volunteers to open it on weekends to the public. It was closed April 3, 2005 until August 18, 2012.
• Roads servicing the park would be transferred to Michigan Department of Transportation (MDOT). Funds to service them would come from the trunkline roads budget. Does this mean these roads will be improved beyond being park service roads?
• Does the State of Michigan have any restrictions on development through the lease agreement? Will we see skyscrapers, condominiums, or other dwellings erected on the island?
• All funds will be paid to State of Michigan with nothing to the City of Detroit. There is a current deal on the table with the City of Detroit for the Orion Music and More Festival scheduled for June 8-9 being arranged through internally know headlining act Metallica. This festival is scheduled to return in 2014 and 2015. Proceeds from that festival are $100,000 in 2013, $100,000 in 2014, and $250,000 in 2015. Park hours are stated to be normal hours 11am-10pm both days of the event. Given the contract is coming through the city, will it remain city revenues or be usurped by the State of Michigan?

Upcoming City Council meetings where a quorum of the whole may be present include: Friday 9:00am (PUBLIC HEARING regarding Reduction in hours), Monday 10:00am (Public Health & Safety), and Tuesday 10:00am (Council Of Whole). We encourage those attending to be onsite waiting at least a half hour in advance.

Rosa Parks Arrest Vigil and DDOT update

Cross posted from Occupy Detroit Transit

Saturday, December 1 at 3 pm a candle light vigil will be held at the Rosa Parks Transit Center. The event commemorates 57 years since Rosa Parks was arrested for failing to sacrifice her seat on a Birmingham Alabama bus to a white passenger. We need to bring awareness up of the history to present of the fight for Human Rights.

The 2nd floor lobby will have the vigil and recognition, awareness on the street at the transit center needs to be increased. This isn't a time for peaceful recognition of a key moment in the struggle. It is time to show there is still progress to be made.

DDOT Update

Detroit Department of Transportation (DDOT) has been routinely discussed as a public service that Mayor Bing's administration believes should be privatized. The people spoke up at the November 19 and 20 City Council sessions. We questioned the wisdom of entering into five contracts to provide "engineering services" which morphed into management services last year through closed door meetings of the Mayor's administration and a turnaround team.

The vote on November 20 turned down the contracts and requested an emergency interim contract be drawn not to exceed nine months for critical engineering services. This leaves DDOT without a senior management team as the Envisurage/TransPro contract fizzles out today, November 30. An audit of service provided by the contracting firm needs to be conducted by the Auditor General prior to payment of bonuses that are part of the contract.

"Reform Agenda" To Remove Detroit Department of Transportation

Can we shake free of the "Reform Agenda" put forth through the Financial Stability Agreement. Since Public Act 4 and 72 were repealed November 6 this agreement and operations under its guise need to be halted. In the plans according to the September 2012 Financial Advisory Board meeting:

• Create a new governance model by January 2013 to overcome challenges such as:
  • Collective bargaining agreements
  • Civil service bumping rights
  • Financial information systems
  • Divided responsibility and authority
• Timeline of outsourcing operations and management
  • Feb 2013 - Release of RFP
  • Mar 2013 - Formation of new authority
  • Jul 2013 - Outsource management vendor selected
  • Sep 2013 - New authority board approves selected vendor
  • Jan 2014 - New vendor begins management of DDOT

These plans would remove public transportation and replace it with privatized public service. Do you believe the public will be better served by a private entity? What manner of public discourse will they be required to have?

The next Financial Advisory Board meeting is scheduled for December 10, 2012 starting 2:00 pm at McGregor Conference Center on Wayne State University Ferry Mall, across from the Law Library. The State of Michigan needs to stop holding meetings and advancing an agenda that is not supported by law. Likewise City of Detroit administration (Mayor Bing, et al) need to step forward and assume responsibility to provide service to protect the people as their oath of office requires.

State & Region Transportation Update

November 27 the State Senate passed legislation (SB909, SB911, SB967) to create a regional transportation authority for South East Michigan. Additionally SB912 was passed regarding zoning of land for use by the regional transportation authority. The pressure was on from the Federal Transportation Authority as US Transportation Secretary Ray LaHood has promised $25 million for construction of the M-1 Light Rail project provided a regional transportation authority was created.

These bills are to be discussed at the State Transportation Committee meeting on December 5, 2012 at 10:30 am in Room 307 of the House Office Building in Lansing. Once approved through the House the bills would go to Governor Snyder for approval into law.

Troy Transit Center Underway

The Troy Transit Center (partially in Birmingham as well) began ground breaking on Tuesday November 28. Opposition was from the now-recalled former Mayor Janice Daniels. 

The 28,000 sq-ft center replaces an old Amtrak station on a 2.4-acre site at Maple Road and Coolidge Highway.

Belle Isle Lease & Aquarium Now Open

A special session for City Council will be held Monday to review the lease as proposed by the Mayor's administration and State of Michigan. You can find a copy of the proposed lease through this link. We would like the encourage the public read the lease proposal, to attend the council session, and take advantage of public comments. You will need to make sure to get a card filled out at the onset of the meeting requesting time for your comment. That period of time offered for card submission will be limited, so make sure you are early to the meeting.

Update: The meeting regarding the lease was originally planned for Monday, September 17 @ 1:00 pm. The State of Michigan has indicated they want more time to prepare.

What: Special City Council Session - Topic: Belle Isle Lease
When: Tuesday, September 25, 2012 (likely to be at 1:00 pm)
Where: Coleman A Young Municipal Center, 2 Woodward Ave, 13th floor, Detroit MI 48226

Belle Isle Aquarium 

The aquarium is re-opening with a volunteer staff keeping hours on Saturdays from 10:00 am - 3:00 pm. The aquarium is a historic landmark as the first municipally ran aquarium, and was open August 18, 1904 and closed April 3, 2005. The volunteers working through the Belle Isle Conservancy (formerly Friends of Belle Isle Aquarium) have dedicated innumerable hours of effort working and organizing to bring the aquarium back for public access.

STATE of EMERGENCY

Photo: Stephen Boyle

Solidarity across the state is being requested - MICHIGAN IS IN A STATE OF EMERGENCY. Protest state-wide on 7-11 at 3pm. 

• Protest at the Michigan Court of Appeals, Cadillac Building, 3020 W Grand Blvd, Detroit - room 14-300. Pickets outside the building, sit down in the halls, use the elevators and stairs to 14th floor.
• Protest at Secretary of State offices ACROSS MICHIGAN at 3pm. Bring pickets.

JUSTICE DELAYED IS JUSTICE DENIED

LET THE PEOPLE VOTE NOW

Updates on the Repeal of Public Act 4 

Cadillac Building
Photo: Stephen Boyle

June 14 the justices of the Court of Appeals denied convening a special panel to resolve conflict on the case that became known as "fontgate". Stand Up For Democracy had filed a writ of mandamus on May 3 to place the Repeal of PA4 on the ballot to be voted on by the people.

A motion was filed by Stand Up For Democracy on June 20 for the court order made by the Court of Appeals to be made with IMMEDIACY. This will suspend Emergency Managers across the state. The "scheduled" timeline for a court order is 42 days, however most court orders state they take place immediately. If we continue to wait for July 20 we remain in tyranny and perhaps worse. Citizens for Fiscal Responsibility and specifically the Chairperson of the Michigan Board of Ethics is working to escalate the case to the Michigan Supreme Court.

June 29 John Pirich on behalf of Citizens for Fiscal Responsibility filed with the State Supreme Court for immediate proceeding, seeking to be completed by September 7. July 5 a brief was filed by John Bursch for the Attorney General and Governor. July 6 a brief in opposition to the filing was made by Herb Sanders of Stand Up For Democracy.

War On The Poor

There is a state-wide land-grab underway lead predominantly by Republican interests as a WAR ON THE POOR with a racist agenda as those communities targeted have a majority population of African Americans. Without immediacy the clock is ticking, and the games being played by the current administration could make the the victory of the order to place the referendum on the ballot a shallow victory that could dry up. The referendum could sit in the court system so long that it fails to meet the August 27 deadline with the Secretary of State. Please note the requested completion date offered by John Pirich in the filing is September 7. This requested delay of justice is a clear statement of intent, such that taking this case to the federal courts is required.

How Deep is the Dirt in Michigan?

State of Michigan Seal
Photo: Stephen Boyle

April 12 Governor Rick Snyder appointed Judge Lawrence Glazer, of Okemos, Albert Nelson Jr., of Troy, and Joseph Walker, of Bingham Farms, to the State Board of Ethics. John Pirich, already serving on the board, will serve as chair for a term ending at the pleasure of the governor.

John D. Pirich, ESQ. is chairman of the State of Michigan Board of Ethics, and is one of the lawyers representing Citizens for Fiscal Responsibility and opposed to the Repeal of PA4 going onto the ballot (as noted above). An ethics complaint against John D Pirich, esq was filed with the state board on May 5, 2012. This complaint was dismissed by the secretary and not taken in by the board. Read more on the Democracy Tree blog [May 6] [June 21]

“Complaint:  John D. Pirich, Michigan State Board of Ethics Chair, knowingly and willfully violated Section 2, Subsection 4 of Act 196 of 1973, commonly the “State Ethics Act”.

Pirich accepted compensation for services that benefited Citizens for Fiscal Responsibility, a political action committee, which upon Pirich’s counsel provided flawed evidence of dubious origins (see attachments) that was used to unduly and unethically create bias among members of the Michigan Board of State Canvassers in their April 26, 2012 decision as to the certification of the petition signatures gathered by the ballot question committee Stand Up for Democracy.”

The people have to rise up and SPEAK. Without speaking, without reaching out, and without marching you are allowing your rights to be taken away.