John Conyers, III has won the election for the partial term ending January, 3, 2019, and the 2 year term for the U.S. House of Representatives 13th Congressional District of Michigan because he was the only one who filed.
A federal judge has rejected a legal challenge to Republican Gov. Rick Snyder’s decision to wait until November to hold a special election to replace U.S. Rep. John Conyers Jr. of Detroit.
In his Wednesday ruling, U.S. District Judge Mark Goldsmith said the law “accords considerable deference” to a governor in setting the election date to fill vacancies in Congress, dismissing the plaintiffs’ argument that Snyder’s decision to delay the special election by 11 months was discriminatory.
“(T)his court finds no evidence supporting plaintiffs’ theory that Governor Snyder was racially motivated or otherwise violated equal protection guarantees when he established dates that coincide with the regularly scheduled election dates in August and November of this year,” wrote Goldsmith, an appointee of former President Barack Obama.
“Therefore, those dates will remain in effect.”
A lawsuit filed in December by Detroit activist and attorney Michael Gilmore on behalf of five Detroit voters argued that Snyder was denying voters in the 13th Congressional District their constitutional right to vote and be represented in Congress by not holding a special election sooner than November 2018.
“This is textbook voter disenfranchisement. Gov. Snyder continues to treat residents of urban areas across the state as second-class citizens and is violating a laundry list of constitutional laws in doing so,” Gilmore said in a statement after the ruling.
“Here, he is once again balancing the state's budget on the backs of black people, in the name of ‘cost savings.’”
Conyers, 88, resigned his seat Dec. 5, citing health concerns amid a string of sexual harassment allegations by former female staffers. Gilmore is among those running in the Democratic primary to succeed Conyers.
The largely Democratic district includes parts of Detroit and suburban Wayne County.
The plaintiffs argued that the 11-month delay between Conyers’ resignation and the special general election in a district that is predominantly African-American violates the 14th Amendment’s due process and equal protection clauses, as well as relevant provisions of the state constitution.
They contrasted the 11-month delay with the four-month delay before a special election in 2012 when Republican U.S. Rep. Thad McCotter of Livonia resigned his seat in the 11th District, which is mostly white.
Gilmore asked the court to order a special primary election be held within 50 days of when the court issued its ruling, and that the special general election be held Aug. 7.
Lawyers for the governor argued that this proposed schedule would be difficult to accomplish without violating state or federal statutory election deadlines, and would likely result in voter confusion at the polls.
A witness for the state testified that, for example, it would be impossible to meet the 45-day deadline for issuing ballots to overseas voters, as required by the Uniformed and Overseas Civilian Absentee Voting Act.
The witness, Melissa Malerman of the Michigan’s Secretary of State’s Office, estimated that a stand-alone special primary election on a day other than a regular election date in the 13th District would cost $840,000.
Snyder had said he selected the special election dates in part to allow candidates time to raise money and collect signatures, and to minimize the cost to local taxpayers in conducting special elections.
Snyder’s office has said he consulted and listened to the advice from 13th District Chairman Jonathan Kinlock, as well as Detroit and Wayne County officials when he selected the dates.
Goldsmith said the plaintiffs’ argument of circumstantial discrimination based on how Snyder handled the 11th District vacancy in 2012 was “not compelling.”
He noted the 2012 vacancy occurred in July of an election year, while Conyers’ vacancy was in December of a non-election year.
“While plaintiffs note the difference in the time that Governor Snyder allowed each seat to remain vacant, this is by virtue of Governor Snyder’s clear preference to hold special elections in conjunction with previously-scheduled elections,” Goldsmith wrote, citing seven examples.
He also concluded that because the delay serves “legitimate purposes,” Snyder has not burdened the plaintiffs’ fundamental right to vote.
“While Governor Snyder could have theoretically scheduled one or two standalone elections immediately after Congressman Conyers resigned in December, he was entitled to consider, and reject, the burdens that such a decision would impose on the localities and candidates,” Goldsmith wrote.
“His decision to hold the special elections in conjunction with previously-scheduled elections is constitutionally permissible.”
DETROIT — A judge is hearing arguments in a lawsuit that challenges the 11-month gap between U.S. Rep. John Conyers' resignation and a special election to fill the seat.
Critics say going nearly a year without a member of Congress in the 13th District is unconstitutional.
A Democratic candidate, Michael Gilmore, is asking federal Judge Mark Goldsmith to order an election as soon as possible. Arguments are scheduled for Thursday.
Gov. Rick Snyder set a special election for Nov. 6. The winner would serve until January.
There will be a separate race on the fall ballot for a regular two-year term.
Conyers, a Detroit Democrat, suddenly quit on Dec. 5. He cited health reasons, but the 88-year-old was also accused of sexual harassment.
The 2017 Special Election results for U.S. Senate reminded me of what was supposed to happen in the 2016 U.S. Congressional election in Detroit because both elections had land banks.
Land Banks are unique creatures as they control ownership of real estate and its occupancy information, which is not crossed checked with voter registrations.
Land Banks are tools in redrawing election districts for what is known as gerrymandering.
Land Banks also control census data, used to determine appropriation of federal funds and significance of development projects.
Land Banks are not financial banks, and, as such, have not regulatory oversight authorities.
The resignation of Michigan U.S. Representative Thaddeus McCotter has unsurfaced a residual artifact of redistricting and that is the special election.
When an elected seat becomes vacant, for whatever reason, the Governor has the power to call special election. In the McCotter example we witness unexpected costs when an elected seat becomes vacant.
There is another scenario of a potential vacant seat and the need for special election which may manifest August 7, 2012 and this is in the Michigan 13th Congressional District race.
In this race are two sitting State Senators, Bert Johnson and Glenn Anderson. If one of these candidates is successful in the Primary election, it means the Democratic Congressional candidate will face off with the Republican candidate and the special election would be held sometime in the beginning of next Spring.
Offering another plausible scenario, even if one of the current sitting State Senators won the August Primary, the Republican candidate, Harry Sawicki could win the General Election, leaving both sitting State Senators in their offices.
Assuming the former scenario, this leaves many cities with the unexpected incurred costs of a special election and questions of how these cities are going to pay for it.
For Anderson's Senate District there are: Garden City, Livonia, Redford Township and Westland.
For Johnson's Senate District there are: Detroit, Highland Park, Hamtramck, Harper Woods and all five of the Grosse Pointe communities.
The next State Senate race is 2014.
Hamtramck City Clerk
Ed Norris
To give a snapshot to the overall costs, the Hamtramck City Clerk, Ed Norris, informed me that the cost for a special election is $15,000. This total is based on the February Presidential Primary election where the State of Michigan has yet to reimburse. Mr. Norris stated that the State does not reimburse for state elected office vacancies.
Speaking with a representative from Governor Snyder's office, Mr. Norris' statement that the state does not reimburse special state elections was verified.
Daniel Baxter Director of Detroit Clerk's office gave an estimated cost for State Senate 2 District special election to be in the range of $100,000 to $150,000 for Detroit. The last special election for Detroit was 2009 where the citywide election cost was $1,000,000.
Garden City Clerk's office provided its special election cost range between $15,000 to $17,000. The city just announced that it would be holding a special election September 5th.
State Representative Shanelle Jackson is exempt from these scenarios as a viable candidate.
In the event John Conyers, Jr. is successful in his re-election bid, the cities will not face unexpected incurred costs of a special election.
168.634 Vacancy in office of state senator or representative; special or general election;selection and certification of candidate; separate ballot; notice.Sec. 634.
(1) Except as otherwise provided in this section, when a vacancy occurs in the office of senatoror representative in the state legislature, the governor may call a special election in that senatorial orrepresentative district or direct that the vacancy be filled at the next general election.
(2) If the vacancy occurs after the primary election and before the following general election the governormay direct that the vacancy be filled at that election. If the governor directs that the vacancy be filled at thefollowing general election, the executive committee of the county committee of each political party, if thecounty comprises 1 or more representative districts, or, if the district is comprised of more than 1 county, thenthe executive committee of the county committee of the respective political parties of each county in the district, may select, by a majority vote, a candidate for that office, and shall certify the name of the candidateto the county board of election commissioners of the county or counties comprising that representative districtwithin 21 days after the vacancy occurs and at least 10 days before the general election. Upon certification,the candidate certified shall be the nominee of that party at that general election to fill the vacancy for theunexpired term with the same force and effect as if the person was nominated at a primary election asotherwise provided in this act. If the ballots for that election have already been printed before the certification,then the board of election commissioners shall cause the names of the candidates to be printed on a separateballot, which ballot shall be counted, canvassed, and returned as other ballots cast at that election.
(3) If the governor directs that the vacancy be filled at the next general election, the secretary of state shallgive notice of that decision similar to the notice provided for in section 651.
Thaddeus McCotter's resignation from Congress will cost taxpayers about $650,000 in special election costs, Lt. Gov. Brian Calley said Tuesday in announcing the "unfortunate" conclusion the state must hold an election to fill the rest of his term.
With six months left in his decade in Congress, McCotter's abrupt exit last Friday followed a petition signature fraud investigation and revelation Thursday in The News that he had pitched a tawdry TV pilot written after his failed presidential bid. Absentee ballots for the Aug. 7 primary election have gone out, forcing the state to call a Sept. 5 special primary and Nov. 6 general election for the remainder of the Livonia Republican's term.
"We find it unfortunate that the resignation came so late that it's not possible to hold the special primary election on the same day as our normal primary," Calley said Tuesday, acting on behalf of Gov. Rick Snyder, who is out of the state.
The state will not reimburse municipalities in Wayne and Oakland counties for the election, nor will McCotter be expected to pitch in, Calley said.
The burden is particularly perplexing for local communities that will no longer be in the 11th Congressional District after this year. Redford Township, for example, would hold the Sept. 5 special election. But its Aug. 7 and Nov. 6 elections are for a choosing a representative in the redrawn 13th District, which includes Redford Township under the once-a-decade redistricting process.
The cost for the special election would be about $30,000 for just a few weeks of representation, Redford Township Clerk Garth Christie said.
"That's a foolhardy way to spend our money," Christie said after learning of the new election he must pull off. "We are not getting value for our tax dollar."
Oakland County officials estimate their costs alone would be about $100,000 to print new ballots and for election supplies. Local officials would be on the hook to pay for election inspectors, overtime, publication costs and postage for absentee ballots.
Confounding the problem is the special election would apply to constituents in the current 11th District congressional seat, though the voter databases and ID cards have been adjusted to reflect the new redistricting boundaries in place for the upcoming Aug. 7 primary elections.
"That will absolutely create a logistical nightmare for us," said Joe Rozell, Oakland County director of elections.
In Waterford Township, three of the 29 precincts are in the current 11th District, whereas the entire township is in the new 11th District boundaries in place for the term starting in 2013.
An election typically costs the township about $40,000 and a special primary election for three precincts is something the township hasn't budgeted for and would be a logistical "nightmare," said Kari Vlaeminck, township clerk.
Candidates on the Aug. 7 ballot are running for the term that begins in 2013. Dr. Syed Taj, a Canton Township trustee, and Bill Roberts, a Lyndon LaRouche activist, are vying for the Democratic nomination.
Kerry Bentivolio, a former teacher, veteran and reindeer farmer, is the only candidate on the GOP primary ballot. Former state Sen. Nancy Cassis, R-Novi, and the Rev. Drexel Morton, a Lutheran pastor from Canton, have launched write-in GOP campaigns.
Bentivolio said he'll run for the special election. Morton also has said he'll try to make the July 20 deadline to file 1,000 petition signatures.
No Democrat immediately stepped forward. Roberts said he wasn't sure. And Taj is focused on his current Aug. 7 primary, according to his campaign.
"Thaddeus McCotter is costing the taxpayers of this state a lot money," said Natalie Mosher, Taj's campaign manager. "Shame on him. What a quitter." Mosher lost to McCotter in 2010.
A McCotter spokesman did not return a call for comment.
With the November ballot including an election for the remainder of the 2012 term in addition to election for term that begins in 2013, it's possible voters will have an option of different candidates. That means the winner could potentially serve less than two months in Congress before being replaced in January by the other winner.
Betsy McRae, deputy clerk for Redford Township, said she wonders why McCotter couldn't have fulfilled his term and avoided the headaches for his constituents.
"I don't get why he did it," she said. "Why couldn't he stick it out? Why couldn't he continue representing?
July 20: Deadline for candidates running for the special election to fill the remainder of Thad McCotter’s term to turn in 1,000 petition signatures needed to get on the Sept. 5 special primary ballot. Aug. 7: Primary for the 11th District term beginning in January 2013. Candidates on the ballot are Republican Kerry Bentivolio and Democrats Syed Taj and Bill Roberts. Former state Sen. Nancy Cassis and the Rev. Drexel Morton are running as Republican write-in candidates. Sept. 5: Special primary for candidates to complete the 2012 term. Nov. 6: General election for 11th District term starting in 2013. Special general election for remaining weeks of 2012 term. November 2012: Special election winner takes office for the remainder of the 2012 congressional term, provided no immediate challenges to the results. January 2013: General election winner takes office for a two-year term.
