Thursday, September 3, 2020

Petitions: Read before you sign - statements by petition supporters and the collectors of signatures are sometimes misleading

Here is the short version of this post: A Michigan petition drive is underway to repeal the law that gives the Michigan governor the ability to protect public health and safety during the covid-19 pandemic. Some voters asked to sign the petition have been told that repealing the law will help the governor and small businesses or help hire more police and firefighters. None of this is true. One of the people involved in circulating petitions has a sketchy past involving voter and election fraud.

Read on for the details and political intrigue:

A petition drive is underway in Michigan to repeal a 1945 law granting emergency powers to the Michigan governor. Governor Gretchen Whitmer is using these emergency powers during the Covid-19 pandemic to protect public health and safety, including requiring face masks in enclosed public spaces, and regulating activities that can spread the Covid-19 virus and make it harder to control.

There is fierce opposition to the Governor’s actions, although, in general, governors who have taken strict measure on coronavirus have seen better political outcomes than those who have not. (According to a Washington Post article from 7/31/20 by Amber Phillips, Governor Whitmer has an approval rating of about 64%). Furthermore, the Michigan Court of Appeals upheld a lower court ruling that said that Whitmer had not exceeded her authority under the Emergency Powers Act. The Michigan Supreme Court was scheduled to hear oral arguments on September 2, 2020 on a case challenging her use of executive powers.

According to an article in the on-line magazine Bridge Michigan, “The Michigan Constitution sets signature thresholds for petition drives at 8 percent of the total turnout in the most recent gubernatorial election. While there are 7.7 million registered voters in Michigan, about 4.25 million cast ballots in the 2018 election that Whitmer won by nearly 10 percentage points over Republican Bill Schuette.”

The organization collecting signatures is called Unlock Michigan . It needs to collect to collect at least 340,047 valid signatures within 180 days (by early January 2021), according to Michigan law. “…organizers hope to get the initiative to the Legislature this year while they are still guaranteed a GOP majority in the state House. Passage by the legislature under these circumstances does not allow a veto by the governor.”

If the legislature repeals the 1945 law that gives the governor emergency powers to control the Covid-19 pandemic without legislative approval, is the legislature willing to step up to its responsibility to protect public safety by agreeing to approve emergency measures under a 1976 law that requires legislative approval of the governor’s actions? Who do they fear more? Their supporters who aggressively oppose controls or the pandemic that has ravaged the country for 6 months with over 100,000 cases in Michigan and close to 7,000 deaths?

Petition drives to place an issue on a ballot for a vote are not unusual. The controversy here is about the bait-and-switch tactics of the people hired to collect signatures and questions about the sketchy reputation of the company they work for.

Funding for the “Unlock Michigan” campaign comes mostly from a group with ties to Michigan Senate Republicans

An article in the Detroit News, “Mystery money fuels campaign to limit Whitmer's emergency powers” by Craig Mauger, 7/27/20, looks into funding for "Unlock Michigan".

“The group collecting petitions to limit Gov. Gretchen Whitmer's emergency powers is primarily being funded by a nonprofit that doesn't have to disclose its donors."

…“Michigan Citizens for Fiscal Responsibility, a Lansing-based organization with ties to Senate Republicans, gave $660,200 to Unlock Michigan from June 9 through July 20, according to a new campaign finance report.”

…“Under Michigan law, ballot proposal committees, like Unlock Michigan, can receive money from corporate donors and unions, including nonprofits that raise their funds from elsewhere. The chain of giving effectively conceals the original source of the money.” [Emphasis added 

…“Unlock Michigan released its first campaign finance disclosure on Monday. Of the $765,024 the group raised through July 20, 86% of the money came from Michigan Citizens for Fiscal Responsibility, which spent about $1.1 million backing GOP Michigan Senate candidates in 2018, according to the Michigan Campaign Finance Network.”


Unlock Michigan hires a firm to circulate petitions that subcontracts to a circulator with a criminal record
 

This is according to an article in the Detroit Free Press, “Unlock Michigan petition circulator has criminal record, history of 'bait and switch' by Paul Egan, 8/28/20:

“The owner of a firm collecting signatures to repeal a law granting emergency powers to Michigan's governor has a criminal record for falsifying his voter registration and a history of alleged ‘bait and switch’ tactics in paid petition drives around the U.S.”

The individual in question is Mark Jacobi, a subcontractor to National Petition Management, the firm Unlock Michigan hired to head up its drive to collect about 500,000 signatures.

“Mark A. Jacoby, 37, whose company, Let the Voters Decide, is publicizing that it will pay petition circulators $3.50 for each valid signature to repeal the Emergency Powers of Governor Act of 1945, was arrested for suspected voter registration fraud and perjury in California and pleaded guilty in 2009 to a lesser charge of registering to vote at an address where he did not live.”

Unlock Michigan disputes the involvement of Jacoby in the collection of signatures, but Jacoby said he is a subcontractor to National Petition Management, the firm Unlock Michigan hired to head up its drive to collect about 500,000 signatures. 


According to the Detroit News [from "Mystery Money"], “As of July 20, Unlock Michigan had paid National Petition Management $300,000 in the relatively early stages of the petition drive, records show." , The Detroit News]

So, think before you sign and make sure you understand what you are signing.

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For more political intrigue from The DD News Blog, read about the 2012 Proposition 4 campaign involving state advocacy groups and fines for campaign finance violations.

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