Second recall attempt against state Sen. Rebekah Warren fails to get approval
The Washtenaw County Election Commission today rejected ballot language for a second recall attempt against state Sen. Rebekah Warren, D-Ann Arbor.
During a clarity review hearing, the commission voted 2-1 deciding the language was unclear, with County Clerk Larry Kestenbaum casting the lone dissenting vote.
The other two members of the commission are County Treasurer Catherine McClary and Judge Donald Shelton.
Ypsilanti resident David H. Raaflaub filed the recall petition language with the county earlier this month following an identical 2-1 vote by the commission in July that rejected Ypsilanti Township resident Steven E. Wallis' previous language seeking a recall of Warren.
Rebekah Warren
Warren has stood behind her decision not to support the GOP-backed legislation that reformed the state's tax structure. She maintains it didn't eliminate the MBT, but rather shifted the tax burden onto Michigan’s working families and seniors — gutting the Michigan Earned Income Tax Credit, eliminating tax incentives for homeless shelters and food banks, and implementing a three-tiered pension tax that many retirees are struggling to adjust to.
In a separate unanimous vote today, the commission rejected recall language submitted against Washtenaw Community College Trustee Pamela Horiszny.
That petition was filed by William Campbell of Ann Arbor, who ran unsuccessfully against Horiszny last year.
Ryan J. Stanton covers government and politics for AnnArbor.com. Reach him at ryanstanton@annarbor.com or 734-623-2529. You also can follow him on Twitter or subscribe to AnnArbor.com's e-mail newsletters.
Comments
Will
Tue, Aug 16, 2011 : 7:25 p.m.
"Both Raaflaub and Wallis cited Warren's vote against the "job killing Michigan Business Tax" as their reason for wanting her out of office." Hmmm...I think Warren's vote was maybe against the repeal of the "job killing Michigan Business Tax." Otherwise it appears that she is against the MBT. (One too many negatives - if you vote no against a proposal that negates a law that makes jaywalking illegal, you actually support the status quo.) Ironically, the petition language is clearer than this article.
Larry Kestenbaum
Tue, Aug 16, 2011 : 3:25 p.m.
The Michigan Constitution sets up the recall process, and provides that the sufficiency of grounds for recall shall be "a political question." In other words, it is up to the voters. The voters decide whether or not to sign the recall petition, and if there are sufficient signatures, to decide whether to vote for or against removing the official from office. Election Commission review is simply to assure that the language is clear enough to appear on petitions and ballots, that it gives the official (and the voters) a clear idea as to what conduct the recall is about. The Election Commission does not have the authority to judge whether the reasons for recall are sufficient, or whether the claims made are true, false, or frivolous. When the Election Commission determines that proposed language is "clear", that does NOT mean we support the recall or agree with the reasons. Our feelings about the recall or the targeted official must be set aside when we make this decision. If the language is approved as "clear," then it is up to the proponents to obtain the signatures (25% of the number of votes for governor in that constituency) to force a recall election. For either of the recalls contemplated at our last meeting, the number of signatures required is over 20,000 -- and they must all be gathered within a 90-day period. Voters' right to recall elected officials has been part of the Michigan election system for more than one hundred years. Whether it is being abused or used inappropriately is a question for the voters.
David Paris
Tue, Aug 16, 2011 : 5:35 p.m.
Thank you Mr Kestenbaum for your thorough clarification of the process, it would have been nice if Mr Stanton had done the same in his article, so as to pre-empt any confusion on the matter.
newsboy
Tue, Aug 16, 2011 : 3:07 p.m.
I want to recall this articul, artickl, artcul, article?
treetowncartel
Tue, Aug 16, 2011 : 2:27 p.m.
I agree, the recall process is being abused and it costs money. Stop it right now, shame on you!!
Townie
Tue, Aug 16, 2011 : 12:51 p.m.
Their petition might get some traction if the proposers could learn to write, spell, follow the requirements. Their petition was pretty pathetic (read it); looks like they spent about 2 min. on it (then again it might have been hours - scary thought!).
David Paris
Tue, Aug 16, 2011 : 12:02 p.m.
Let's hope that this is not the New Normal, throwing people out of office for simply doing what they were elected to do. I applaud Catherine McClary and Donald Shelton for acting responsibly in this frivolous attempt at removing an elected official. And for MS. Rebekah Warren- Keep Up The Good Work, We Love You!
seasons
Tue, Aug 16, 2011 : 11:36 a.m.
Its hardly helpful to throw around labels and slam elected representatives for campaigning and winning their elections on what they said they believed in and have followed up on with their voting actions in Lansing. Unlike a number of our elected officials, R. Warren did not try to pull the wool over her electorate's eyes. This recall effort was a sham regardless of one's political leanings.
Adam Jaskiewicz
Tue, Aug 16, 2011 : 11:15 a.m.
Here's the text of the recall petition, for anyone who hasn't clicked through to the other article, downloaded the PDF, and deciphered the abysmal penmanship: We, the undersigned, registered, and qualified voters of the City/Township of (strike one) ___________, in the county of _______ and State of Michigan, petition for the calling of an election to recall (officer)_Rebekah Warren_ from the office of (Title of Office)_18th Senate District_, (District, if Any) ______________ for the following reason(s): _Michigan House Bill 4362 eliminates the job killing Michigan Business Tax; however, on May 12, 2011, State Senator Rebekah Warren, voted no on finel (sic) passage of Michigan House bill 4362._ The "We, the undersigned... for the following reason(s)" section is boilerplate; it's full of blanks that are meant to be filled in with the office, district, etc. It isn't filled out completely or properly. The handwriting, as I mentioned, is barely readable in places. Would it killed to have used neat block printing, or filled out the form with a typewriter? It looks like someone grabbed a form from the clerk, hastily filled it out on the spot with the pen that's chained to the desk, and submitted it for approval.
Roadman
Wed, Aug 17, 2011 : 11:20 p.m.
Yet Larry Kestenbaum, an Ivy Leaguer who is a licensed attorney, felt it did pass the "clarity test" and has cogently explained on this thread the applicable test to be followed. Shelton and McClary have not explained their positions publically so I cannot gauge what their reasoning was. Maybe the boilerplate language and blanks are mandatory. I understand the reasoning behind the effort even if it could be drated better.
Heardoc
Tue, Aug 16, 2011 : 3:18 a.m.
Too bad... maybe third time will work-- not a very good rep......
Bob Krzewinski
Tue, Aug 16, 2011 : 3:42 a.m.
Hey Heardoc (why don't you use your real name by the way?). This must mean you are running for her seat, right?
tim
Tue, Aug 16, 2011 : 1:20 a.m.
Even if they get the petition I doubt they would find enough people to sign it in Washtenaw co .
shepard145
Tue, Aug 16, 2011 : 1:10 a.m.
Why would anyone sign this ridiculous recall petition? Becky is a left wing nut and campaigned as such. Any claim that there was some surprise after her election is nonsense. As usual, the only voter with worse political judgment then Ann Arbor has been Detroit. …and even they broke their decades long losing streak by electing Archer and Bing as Ann Arbor's fortunes continue to decline.
Gloria
Tue, Aug 16, 2011 : 12:50 a.m.
Is this the way of the future? We now try to recall anyone who has different political views than we do? No wonder the state if falling apart. I applaud Warren for standing up for what she believes. I say, right on Rebekah!!!
Brian Kuehn
Mon, Aug 15, 2011 : 11:35 p.m.
The process of recalling Michigan politicians is being abused. Whether it is Governor Snyder or Senator Warren, attempts to recall properly elected officials, in the absence of significant misdeeds, serves only to undermine the electoral process. As it is now, after someone wins an election barely any time passes before the losers seek a "do over" via a recall. That is not the way it is supposed to work. The losing side gets to try a "do over" in 2 or 4 years and if enough people agree with them, there will be a change.
Adam Jaskiewicz
Tue, Aug 16, 2011 : 10:48 a.m.
I wouldn't say it "undermines the electoral process"; it's perfectly valid. However, it's a waste of our tax money, and our time, our legislators' time, and it hurts the image of the party running the recalls by looking petty and immature.
bobr
Mon, Aug 15, 2011 : 11:30 p.m.
Recall elections cost money. I didn't sign the Snyder recall petitions even though I don't approve of him. You win or lose elections, you don't waste taxpayer's money gumming up the process after it's over and whining.
nekm1
Tue, Aug 16, 2011 : 7:11 p.m.
I can't believe I actually agree with a Dem!
Ed Kimball
Tue, Aug 16, 2011 : 12:34 p.m.
Terrin Bell, Warren IS living up to what she promised. Just because you and Raaflaub don't like her votes on bills does not qualify as reason to recall her. You'll have a chance to recall her when she comes up for re-election.
Terrin Bell
Tue, Aug 16, 2011 : 1:36 a.m.
Recall is part of the process. If you think a party isn't living up to what they promised, recall is a valid means of expression.
Ron Granger
Mon, Aug 15, 2011 : 11:20 p.m.
Deja Vu! One wonders whether McClary and Shelton would ever approve *any* language to recall Warren. I guess us little people won't be allowed to vote, using the legal recall process. It'd be nice to know the specifics of their objection, and the text. Are there transcripts or recordings of those meetings? As I've stated before, I wouldn't recall her for this, but I would recall her for voting to impose a service tax on us little people. You remember that one a few years ago - it put a tax on bowling alleys but not golf courses, technology consultants but not real estate agents. That's because the golf courses had good lawyers to negotiate their exclusion, etc. They were privy to what was coming. Us little people weren't allowed any input, and were kept in the dark. It was all done largely in secret. How's the cliche go? She never met a tax she didn't like. We haven't forgotten your vote on that one, Rebekah!
Roadman
Mon, Aug 15, 2011 : 10:50 p.m.
This is partisan favortism of Sheldon and McClary that is blocking this recall effort. Larry Kestenbaum has put integrity above partisanship in casting the correct vote.
Monica R-W
Mon, Aug 15, 2011 : 10:33 p.m.
So, does this end the Clarity Language approval attempts against state Senator Rebekah Warren? If these individuals (i.e.-group of individuals) can't manage to have clarity language approved TWICE in a district that Sen. Warren won handily, I believe they just need to move on. Considering the second time attempt at Clarity Language, a lawyer couldn't get his (their) language approved either. Just saying....