December 16, 2010
It’s been a seesaw year for Dave Leyton, the Genesee County prosecutor. On the upside, his rivals for the Democratic nomination for attorney general — Sen. Gretchen Whitmer of East Lansing and lawyer Richard Bernstein — dropped out well before the nominating convention. That gave him time to raise money and crisscross the state while three, then two, Republican wannabes battled it out. Ultimately, former Appeals Judge Bill Schuette secured the GOP designation.
Also on the upside during the summer: national media attention, including heavy press in Michigan, for Leyton’s prosecution of accused serial killer Elias Abuelazam, who is suspected of stabbings in Michigan, Ohio and Virginia and was arrested while trying to flee the country.
The downsides? First, Schuette beat Leyton in November. And then a disgruntled relative of a crime victim launched a move to recall Leyton from the prosecutor’s job he won in 2004.
Although Genesee County officials rejected the anti-Leyton petition language in late November, the effort highlights how recalls have become the wild cards in Michigan’s political deck.
And like one-eyed jacks in a poker game, they carry the potential for major upheaval, as history shows.
Flip the calendar back to 1983 when suburban Detroit voters recalled Democratic senators Phil Mastin of Pontiac and David Serotkin of Mt. Clemens for supporting newbie-Gov. James Blanchard’s $675 million income tax hike. The ripple effects were quick — Republicans won both vacant seats, creating a GOP majority in the Senate. “It’s not democracy,” Serotkin said at the time about the resulting turnover in party control.
The ripple effects also proved long-lasting. First, Republicans kept uninterrupted control of the Senate for the next 27 years and counting. Second, the lingering fear of recall still scares away some elected officials from supporting tax increases despite the dire need of the state, local governments and school districts for more revenue to support basic services and essential programs. And third, the threat of recall encourages timidity among officeholders, deterring them from making other decisions that may rile small but organized groups of activists in their districts and communities.
Talk about dramatic changes. On November 2, Marine City voters recalled Mayor Bob Lepley and four commissioners in a controversy about the city budget, water and sewer rates and termination of the police chief. When the polls closed, only one recall target, Commissioner James Turner, remained standing, and one other commissioner wasn’t targeted. Afterwards, the city’s website dryly noted: “Due to a lack of quorum, Commission meetings for November 4th and 18th have been cancelled.” And as of December 8, the mayor’s home page tersely said, “Information coming soon.”
St. Clair County elections officials interviewed applicants and appointed two interim commissioners so there would be a quorum, and a special election is set for February 22 to pick four commissioners and a mayor. Meanwhile, Marine City clerk Diana Kade notes that business continues “as usual” and the city “is paying all the bills that need to be paid,” adding, “There’s no disruption of services.”
The Michigan Constitution doesn’t specify — or even explain — valid or invalid rationales for a recall. Article 8 simply provides: “Laws shall be enacted to provide for the recall of all elective officers except judges of courts of record upon petition of electors equal in number to 25 percent of the number of persons voting in the last preceding election for the office of governor in the electoral district of the officer sought to be recalled. The sufficiency of any statement of reasons or grounds procedurally required shall be a political rather than a judicial question.”
The reasons that anti-incumbents offer to justify a recall can range from the trivial to the severe. On one end of this year’s spectrum was a move to recall three Salem Township, Washtenaw County, officials for voting to require a privately run post office to move from township property and for voting to dissolve the township’s Fire Administration Board. All survived the recall election.
At the other end of the severity spectrum were drives against a Grand Haven school board member convicted of stealing money from a school fundraiser and the Republic Township clerk in Marquette County, whom the township board had censured for “gross negligence and her inability to carry out her duties and her failure to complete her legal statutory and non-statutory duties.” Both resigned before the recall process had played its course.
Critics of the process argue that it’s a disruptive backdoor mechanism to overturn election results. Sometimes that’s true, especially when leaders of the anti-officeholder drive are allied with losers of previous elections or are long-time critics of the targets’ policy stands.
“These recalls are frequently a personal vendetta at public expense,” says Terry Jungel, executive director of the Michigan Sheriffs Association.
The only recalled sheriff was Kalamazoo County’s Ronald Keim, who lost his job in 1977 after refusing to reappoint 11 deputies. But this year, Saginaw County Sheriff William Federspiel faced a recall campaign over his driving a Ford Mustang GT seized in a drug case. A sign on the car reads “Taken From A Local Drug Dealer.” Federspeil said the latest organizer of the drive, who’d been arrested in a marijuana case, didn’t file petition signatures by the deadline.
Not surprisingly, things can get nasty. In Kent County, three Plainfield Township officials facing recall hired a retired FBI supervisor to investigate allegations of intimidation and threats. And this month, the ousted Hamburg Township clerk in Livingston County sued the organizer of the recall campaign against him for defamation and emotional distress.
Conflicts need not be partisan to be political — thus, talk this year by some AFSCME leaders of recalling Wayne County Executive Bob Ficano for furloughing county workers represented by the union.
Although municipal and school board members are most likely to find themselves in the crossfire, outgoing House Speaker Andy Dillon (D-Redford Township) understands the heat as well.
In the November 2008 election, he simultaneously won a third term and beat back a recall vote — the first such assault on a legislator to make it to the polls since the Serotkin-Mastin rout of 1983. The Michigan Taxpayers Alliance led by former Rep. Leon Drolet of Macomb Township launched the recall drive in retaliation for Dillon’s support of a 2007 tax hike.
This year’s flood of recall petition drives — some of which won’t be resolved until elections in 2011 — are spread across the state.
Voters dumped three Standish-Sterling Community Schools Board members but rejected recall demands in the village of Bloomingdale (Van Buren County), Seneca Township (Lenawee County) and Grosse Pointe Shores. In Allegan County, Dorr Township voters retained all seven board members amid accusations of Open Meetings Act violations from a group calling itself Restoring Ethics and Democracy.
Voters in Calhoun County’s Emmett Township go to the polls February 22 to decide whether to recall their supervisor, treasurer and a trustee. What was the officeholders’ alleged sin, one that pro-recallers deem too serious to wait for the next regular election? Backing a special assessment millage to avert the layoff of seven public safety officers. The Augusta Township clerk in Washtenaw County faces a recall election the same day because she “refuses to honor verbal requests” to inspect board minutes.
Some recent recall drives fell short. In Ottawa County, petitioners unhappy about the handling of a drain project didn’t get enough signatures to force a vote on the fate of five Park Township officials. The same was true in Ogemaw County, where the clerk and a commissioner were targeted, and in Berrien County, where the drain commissioner was in the cross-hairs.
In Genesee County, Leyton’s foe was Robert Johnson, who sought to oust the prosecutor for the way his office handled the murder of Johnson’s brother. Leyton concluded that the case was a matter of self-defense, but the recall documents asserted that he violated his oath of office for failing to charge the alleged murderer. Incidentally, the Prosecuting Attorneys Association of Michigan notes there have been no recall elections against county prosecutors, at least not in the past 30 years.
Genesee County is particularly ripe territory for recall mania. In 2009 the Westwood Heights School Board lost three members that way. This year’s activity includes petitions filed by Flint Board of Education member David Davenport — who’s been twice censured by his school board colleagues — against a fellow board member, the Flint City Council president and the county clerk, among others. Is it any surprise that Davenport himself became the target of a recall effort? And an unsuccessful Goodrich Village Council candidate wants to can the council president.
When the effort began to recall Federspiel, the Saginaw County sheriff, a Saginaw News editorial criticizing the movement noted that 141 recall petitions were filed in the county from 1990 through 2009 — 29 of them made it onto the ballot. “Recall filers don’t need truth on their side,” the newspaper accurately opined. “Truth and triviality don’t matter.”
True, a recall can be a badge of honor that reflects an officeholder’s adherence to principle in the face of the slings and arrows of outrageous political fortune. When Hortense Canady, the first African American on the Lansing Board of Education, died this fall, she was lauded for her commitment to school desegregation. That commitment cost her and four other board members their seats when city voters recalled them in 1972.
But Canady’s was a rare occasion, and was considered insufficient justification for the state’s virtually open-ended recall process to remain unchanged.
When Michigan debated term limits on state officials, Attorney General Frank Kelley heatedly challenged the need for such a constitutional amendment. “We already have term limits,” Kelley declaimed. “They’re called elections.”
Based on the number of legislative incumbents who lost their seats or failed to win new positions this year, I’d argue that Michigan already has a system that works without the rubric of “recall.” To paraphrase Kelley, it’s called elections.
ric Freedman, a Pulitzer Prize-winning reporter, is professor of Journalism and director of Capital News Service and the Knight Center for Environmental Journalism at Michigan State University. He is a former Lansing Bureau reporter for the Detroit News and has been a Fulbright journalism instructor in Uzbekistan, Lithuania and the Republic of Georgia.