Darwin Booher recall, Michigan State Senate (2016)
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An effort to recall Darwin Booher, a member of the Republican Party, from his elected position representing District 35 in the Michigan State Senate was launched on January 28, 2016. Supporters of the recall needed to collect 21,542 valid signatures within a 60-day period to move the recall forward. Booher was targeted for recall over his support for fuel tax and vehicle registration fee increases as part of a road-funding plan.[1]
This recall failed after supporters of the recall did not submit any signatures to move the recall forward.
Timeline
- January 28, 2016: Michigan Board of State Canvassers approved the language for the recall petition.[1]
- July 26, 2016: Deadline to submit at least 21,542 signatures. No signatures were submitted.
Background
Booher, Sen. Wayne Schmidt (R), Sen. Arlan Meekhof (R), and Sen. Jim Stamas (R) were targeted for recall because of their support for raising taxes and fees as part of a road-funding plan. On May 5, 2015, Michigan voters defeated a measure that would have caused one constitutional amendment and 10 statutes to go into effect.[1]
Supporters of the recall were angry at the four senators because they voted in favor of legislation months after voters rejected a ballot measure that would have raised those same taxes and fees.[1][2]
Path to the ballot
- See also: Laws governing recall in Michigan
Recall process
Recall is a process whereby an elected official can be removed from office prior to the end of his or her term. All elected officials in Michigan are subject to recall except judges of courts of record.[3] The process for recalling a state official in Michigan is outlined below:
- A recall petition must first be filed with the Board of State Canvassers. The board holds a hearing to determine whether the reason for the petition is factual and clear; that is the only criteria considered by the board to approve or reject the petition. Click here to learn more about these hearings.
- Once approved by the board, the petitioner must amass a number of signatures equal to 25 percent of the number of votes cast in the last general election in the electoral district of the officer sought to be recalled.[4] The petitioner has 60 days to collect these signatures beginning on the date the first signature is collected; however, the petition must be submitted to the Michigan Secretary of State no later than 180 days after it was approved by the board.[4][5]
- If an approved petition is appealed to the state Court of Appeals, then "the recall petition cannot be circulated until the Court of Appeals renders a decision or until 40 days following the date of appeal, whichever is sooner."[6]
- The Secretary of State then has 35 days to determine the validity of the signatures on the petition by verifying the voter registration status of those who signed.[7] If the petition is approved, a special recall election will be scheduled on the next general election date wherein other candidates may challenge the incumbent for the governor's seat.[4]
- If an election is forced, the incumbent may submit a justification statement for the conduct that triggered the recall which is printed on the special election ballot for voters to consider.
Clarity and factual hearing
A clarity and factual hearing is the first step in the recall process. Michigan laws state that the reason for petition must be deemed factual and clear by the Board of State Canvassers before the recall petition can be placed in circulation. The board does not document a rationale for their determination, only the judgment of rejected or approved.[4]
The board also does not have the authority to make a determination on the legitimacy of the reason for recall, nor do Michigan laws explicitly state the criteria for judging a petition as factual and clear.[4] This means that any reason for the recall can be placed on a petition and approved for circulation, so long as the reason is clearly stated and does not contain falsehoods.
Deadline
Supporters of the Darwin Booher recall needed to submit 21,542 valid signatures within a 60-day period to force a recall election.[1] Supporters had 180 days after the board approved the language or until July 26, 2016, to turn in the recall petition with signatures before the petition became invalid. No signatures were submitted before the deadline.
Recent news
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See also
External links
Footnotes
- ↑ 1.0 1.1 1.2 1.3 1.4 michigan.gov, "Recall Petitions Approved for Circulation by the Board of State Canvassers 2015 – 2016," accessed March 23, 2016
- ↑ The Detroit News, "Campaigns to recall 2 senators for tax hikes progress," accessed January 19, 2016
- ↑ Big Government, "The Right of Recall," February 9, 2010
- ↑ 4.0 4.1 4.2 4.3 4.4 Michigan Secretary of State, "Michigan Election Law, Chapter XXXVI," accessed March 15, 2016
- ↑ In the event the Secretary of State is the subject of a recall petition, the petition must then be filed with the governor.
- ↑ Michigan.gov, "Recall Elections: The Role of the Board of State Canvassers," accessed February 12, 2021
- ↑ The petition signatures are cross-referenced with the state's qualified voter file.
