Detroit Greens a local of the Green Party of Michigan

For Immediate Release:

For more information, contact:
John Anthony La Pietra
Elections Co-ordinator, GPMI
(269) 781-9478
jalp@triton.net

Michigan Conservatives Again Thwart Emergency Manager Law Repeal

In a unique conclusion, a three-judge panel of the Michigan Court of
Appeals agreed that there was a precedent which would place the
Emergency Manager Repeal on the November ballot, but the panel stayed
the ruling citing disagreement with the previous judgment. The Green
Party of Michigan calls on judges in this case to act now to let the
people express their will and political power this fall.

Last month, the Board of State Canvassers decided to rule against the
group Stand Up for Democracy who recognized that Governor Snyder's
Emergency Manager Law was undemocratic; the citizens of Michigan never
had a say in its enactment, and it took away their right to empower
their elected representatives. The petition had far more signatures than
was required to get the question on the ballot, but a false technicality
may thwart the will of the people.

A conservative group, Citizens for Fiscal Responsibility, argued that
the requirement for a 14-point font size for the header was not met. A
partisan vote on the Board of State Canvassers let this challenge block
the referendum. Not deterred by this decision, Stand Up for Democracy
appealed and hoped to have the matter decided in time for the people to
vote on the law in November.

The three-judge appeals court panel included Kurtis Wilder, Kirsten
Frank Kelly, and Michael Riordan. Even though it is a non-partisan
appointment, these are three judges with distinctively conservative
backgrounds: Judge Riordan was appointed by Snyder, Judge Wilder is a
member of the Federalist Society, and Judge Kelly is a Republican Party
member and a vocal opponent of “judicial activism”. This may serve to
explain why they voted unanimously to maintain this law which broadens
the power of a Republican governor despite clear legal precedent. It
should come as no surprise, given that the Republicans in the Board of
State Canvassers voted likewise.

The 2002 precedent the appeals judges have to overcome states that a
petition only needs to be in substantial compliance with guidelines. In
other words, if the petition is readable and the wording is clearly
visible, the petition should be deemed valid and the people should get
to vote on it, even if the size or style of some type may be slightly off.

While judges must follow precedent set in earlier rulings, the judges in
this case stayed their decision pending a possible review panel who will
look over the previous judgment and decide whether to overturn the
precedent. If it is overturned, the petition may again be rejected; if
it is not, the petition will be approved.

Still, this may all be a moot point, as MSU professor Chris Corneal, a
graphic design expert, attested recently. “I determined that [the
disputed petition text] was Calibri bold set at 14 point. Simply
measuring the heighth of the capital letter will not give an accurate
point size. It should include the cap heighth, plus the depth of the
descender [the lower part of, say, a g], plus a little buffer area that
is different for different cap heighths.” Using this expert's means of
measurement, the stated standard was indeed met, negating the need for
the special panel sought by the appeals court.

As there is a strong contingent of Green Party members in the Detroit
area, arguably the region most affected yet by the law, the party has
taken a great interest in its repeal. In an earlier release, the Green
Party called on the powers-that-be to consider Article I, Section 1 of
the Michigan Constitution: “All political power is inherent in the
people. Government is instituted for their equal benefit, security and
protection.” The citizens of Michigan spoke through the signing of the
petition, following a clearly democratic process in order to overturn a
clearly undemocratic law.

John Anthony La Pietra, GPMI's Elections Co-ordinator, points out: “The
precedent these three judges don't like is founded on the bedrock of the
Michigan constitution, which says power belongs to the people – and adds
that the people reserve for themselves the power of initiative and
referendum.

“Of course that should trump any minor technical difficulties with these
petitions -- if there were any. But the facts and the record are clear
that the petitions are not only in /_substantial_/ compliance with the
statutory requirements -- they are in /_*actual*_/ compliance.

“GPMI has urged prompt action before. Now we insist that Michigan's
elected and appointed judiciary act immediately to declare the petitions
valid, suspend PA 4, and put the referendum on the ballot. Any more
delay will deny justice and block the people from exercising their power
by voting.”

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References:

Expert on graphic design:
http://www.wilx.com/home/headlines/Expert_Font_Size_on_Emergency_Manager...

Biographies of Appeal Judges:
http://coa.courts.mi.gov/court/judges/district/d1judges.htm

Appeals Court Decision:
http://eclectablog.com/2012/05/michigan-elections-officials-had-proof-em...