Honorable Milton Mack, Jr. exposes himself. . . to public ridicule

The hard evidence indicates that Cathy M. Garrett and Milton L. Mack both received Scotty Boman’s certified letter on May 25, 2012 and not on May 29, 2012 as Mack’s letter above states.

And as far as the State Bureau of Elections goes, Milty, go ahead and refuse the petition. MCL 168.952 says that the petition is presumed clear 20 days after it is submitted to you, whether you like it or not!

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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Scotty Boman prepares to submit second recall petition

The first hearing on May 1, 2012, before the Wayne County Election Commission, although it did not result in approval of the petition language, was a partial success because it

  • isolated the language that needed clarification;
  • avoided the distraction which Levin’s attorney improperly tried to introduce by way of constitutional challenges which the Election Commission lacks jurisdiction to hear;
  • bought some time for the internet campaign to grow.
  • This last point is important because around 500,000 signatures of registered Michigan voters need to be collected within a 180 day time frame in order to hold a special recall election. The basic strategy at this point (unless large money donations start to pour in) will be to scan the petition and post the scan online at this site so that those wishing to can sign as both petitioner and circulator and possibly at the same time gather signatures from friends and relatives.

    Undismayed after the first hearing, Scotty Boman said

    “The properly conducted hearing was an important first step in the recall process. Now that the officials recognize the application of Michigan law to a Federal officer, we may move forward and submit alternative wording that is undeniably clear to all concerned.”

    Wayne County election commission finds Boman petition “unclear”


    Warren Raftshol, Scotty Boman, and the Spirit of Detroit after hearing (thanks to Bill from Livingston County both for the photo and for showing up)

    (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.

    DIY recall Carl Levin form letter

    If you would like to recall Carl Levin on your own, you can use the letter below for some basic information. Of course, you’ll have to fill in your own reason(s) in the space provided.

    A clearer version is at this link: recall levin letter

    Get it witnessed by a notary. Make a copy for yourself, and then send it registered with return receipt requested.

    You should get a clarity hearing in about 20 days.

    Levin will send a lawyer to the hearing. This lawyer will try to divert the discussion to questioning the constitutionality of the recall law, even though the statute, MCL168.952, is clear that the hearing is solely for the purpose of reviewing the clarity of your petition wording. Don’t get sucked into an argument with this bozo. Instead say “Objection-this hearing is to review the petition language only!” He will shut up and sit down at that point.

    Scotty Boman’s petition to recall is set for hearing

    Notice of Hearing

    This letter is in response to Scotty’s letter of 4/6/2012.

    Scotty Boman letter

    Scotty Boman press release April 24, 2012

    -FOR IMMEDIATE RELEASE-

    Contacts:
    Scotty Boman
    (313) 247-2052
    scottyboman@hotmail.com

    and

    Warren Raftshol
    (231) 271-5650
    raftshol@gmail.com

    http://committeetorecallcarllevin.com/2012/04/02/19/

    Wayne County Election Commission agrees to review Carl Levin recall language

    April, 24th, 2012

    Detroit, MI – The Wayne County Election Commission will meet on Tuesday, May 1st at 2:00 PM to determine the clarity of reasons cited in petition language for Carl Levin. The meeting will be held in Room 705 of the Coleman A. Young Municipal Center in Detroit, MI 48226. The proposed petition language reads:

    “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.”

    One of the sponsors, Scotty Boman of Detroit (who is a candidate for United States Senate), originally attempted to deliver the petition language in person on March 29th and was turned away by Director of Elections, Delphine Oden. On April 9th Boman sent a certified letter requesting compliance with MCL168.952 which requires recall petitions to be reviewed for clarity by the “board of county election commissioners.” Boman received notification of the hearing on April 24th. Boman summarized the exchange saying, “They were served and now it’s on.” The other sponsor of the effort is Warren Raftshol of Suttons Bay.

    Both sponsors cite Levin’s pivotal roll in provisions they describe as “de facto martial law,” as there reason to initiate the recall effort. The recall would require 468,709 signatures. Boman said, “Warren and I can’t do this on our own. We can get this started with a build-it-and-they-will-come approach. In 2008 1,810,234 people voted against Carl Levin. We need to have about a quarter of these people sign the petition, and a much smaller portion to step up and be activists.

    Recall advocate Barbara Willing encouraged public participation saying, “Mr. Levin has been “belligerent” to the people by allowing offensive language to pass as law in the form of NDAA. So offensive is this language that it is designed to disturb and destroy the sovereignty of the People. I invite you to attend as a first step in restoration of your God given rights.”

    -END-

    Scotty Boman Launches Campaign to Recall Carl Levin

    anti-NDAA protest in Traverse City

    -FOR IMMEDIATE RELEASE-

    Contacts:

    Scotty Boman

    (313) 247-2052

    scottyboman@hotmail.com

    and

    Warren Raftshol

    (231) 271-5650

    raftshol@gmail.com

     

    County Official Refuses to Accept Recall Petition from Scotty Boman

     

    March 29th, 2012

     

    Detroit, MI – At 10:55 AM on Thursday, March 29th, 2012 Delphine Oden (a staff member of the Wayne County Clerk’s Office) refused to accept a petition for clarity review in defiance of Michigan election law.  The petition targeted United States Senator Carl Milton Levin.  Michigan election law provides for the recall of United States Senators, “MCL168.121 United States senator; recall. Sec. 121. Persons holding the office of United States senator are subject to recall by the qualified and registered electors of the state as provided in chapter 36 of this act. (MCL Act 116 of 1954) ”  Republican United States Senate candidate Scotty Boman said, “I am required to submit the petition to the board of county election commissioners for clarity review before circulating it.  I was doing so in compliance with 168.952 of MCL, Act 116 of 1954.  The county clerk’s office is the place to do that according to Chapter 18 of The Election Officials’ Accreditation Study Guide published June of 2011.”

     

    According to Boman, “When I arrived at the office (around 10:45 AM) I informed Ms. Oden that I wished to submit a recall petition for clarity review.  First she produced a printed statement directing me to file recall petitions with the state.  The statement listed offices from which official may be recalled including United States Senator.  I informed her that I was submitting the language for clarity review and not filing the signed petitions.  She then left the counter for about 10 minutes and returned with an article entitled, “Recall of Legislators and the Removal of Members of Congress from Office.”  I explained to her that she was rejecting a petition based on an opinion regarding content and that the Clarity Review process was only to establish clarity, not judge content.  She still refused to accept the petition.”  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.”

     

    What is especially egregious here” says Boman “…is that she didn’t even give the review board a chance to look at the wording.   All she did is hand me an article.  The article is not an injunction, and it is not a law. In fact, this article doesn’t even address the notion of county staff members refusing paperwork submitted in compliance with state law.  She has abused her position (under color of law) to deny the rights of Michigan voters guaranteed by Michigan law.  Wayne County Clerk Cathy M. Garrett needs to instruct her to do her job.  Otherwise, the clause about, Failure of the board of county election commissioners to comply… takes effect.”

     

    The reason given for the recall was, “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.

     

    Co-sponsor, Warren Raftshol, commented, “It’s time to recall Carl Levin. Now.”

     

    recall_petition_front

    recall petition back
    Registered Letter to Wayne County Clerk
    Proof of Service of Letter to WC Clerk

    Watch live video from scottyboman on www.justin.tv