(Detroit. 5/3/2012) Following an approximately 45 minute hearing May 1, the Wayne County Election Commission found the proposed petition language submitted by petitioner and US Senate Candidate Scotty Boman to be “unclear”. The vote was 2-0 against approval, with Commission member and Wayne County Clerk Cathy Marie Garrett not present for the meeting.
The language proposed by Boman reads
He [Levin] co-authored and introduced S.1867 (the National Defense Authorization Act for Fiscal Year 2012) which provides for the military arrest, and indefinite detention, of U.S. citizens without Constitutional due process (Subtitle D). He voted in favor of the final version (H.R. 1540). In so doing, he violated his oath or affirmation.
The meeting opened with discussion by an attorney representing Carl Levin who argued that Michigan’s recall statute MCL168.121 was not constitutional because he claimed that it conflicted with the US Constitution. Boman objected that the issue being raised was outside the scope of the hearing which was solely for the purpose of review the language clarity of the proposed petition.
Following this objection, discussion moved on to the clarity issue. An attorney advising the Commission stated that she found the last sentence of the proposed wording to be vague and unclear, and similar to language which was rejected in the case Molitor v Miller, 102 MichApp 144. Following her presentation and after hearing no public comment, the Commission voted to reject the petition language.
Attending in support of Boman’s petition was Warren Raftshol of Suttons Bay and 2 individuals that learned of the hearing from the internet identified as Ken from the Detroit area and Bill from Livingston County. The Committee to Recall Carl Levin wishes to commend Ken and Bill for putting on their patriot pants and showing up.
After the hearing, Scotty Boman indicated his intention to resubmit the petition in an altered form.