Recall Carl Levin – Round 2

May 23, 2012

Dear Wayne County Election Commission :

This letter is a demand for a clarity review hearing as required by Michigan election law (168.952 of MCL Act 116 of 1954). This letter contains the petition language and shall also serve as said submission in the event that you fail to meet in the time period required by the law (168.952 (3)).

Section 168.952 states, “(3) The board of county election commissioners, not less than 10 days or more than 20 days after submission to it of a petition for the recall of an officer, shall meet and shall determine whether each reason for the recall stated in the petition is of sufficient clarity to enable the officer whose recall is sought and the electors to identify the course of conduct that is the basis for the recall. Failure of the board of county election commissioners to comply with this subsection shall constitute a determination that each reason for the recall stated in the petition is of sufficient clarity to enable the officer whose recall is being sought and the electors to identify the course of conduct that is the basis for the recall.”

Background

On May 1st Warren Raftshol and I met with the commission to discuss the following wording for clarity review:
The reason given for the recall (to be printed on the petition) is, “He 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.”

This wording is was rejected by the commission based on the assertion that a portion of it was in some respect similar to language rejected in the case of MOLITOR v. MILLER. Rather than appealing the Commissions ruling, we have chosen to resubmit alternative wording that removes language that may have been viewed by the Commission as overly conclusory.

The last sentence of 168.952 (6) reads: “This subsection does not prohibit a person from resubmitting a recall petition for a determination of sufficient clarity under this section.”

    New proposed wording:

“He co-authored and introduced an amendment regarding detention provisions (Subtitle D Section 1031) to S.1867 (the National Defense Authorization Act for Fiscal Year 2012). He voted in favor of the final version (H.R. 1540) which contained the detention provisions in section 1021.”

A co-sponsor for this petition is:
Warren Raftshol
(231) 271-5650
raftshol@gmail.com

Sincerely,

Scott Avery Boman
4877 Balfour Rd.
Detroit, MI 48224

Witnessed: ________________________________________________________________________________

CC: The Honorable Milton L. Mack, Jr., Chair. The Honorable Cathy M. Garrett, Secretary to the Commission.
The Honorable Raymond J. Wojtowicz, Member

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