Canvassers advance another Michigan House recall, reject five others

Lansing — The Board of State Canvassers on Monday approved one recall petition against a sitting House Democrat, rejected another five and a seventh was withdrawn.

Canvassers determined in a 3-0 vote that a petition submitted against Rep. Sharon MacDonell of Troy was sufficiently clear about the reason for the recall: Her vote in support of the red flag law passed by lawmakers earlier this year that would let individuals ask a judge to confiscate firearms from people believed to be a risk to themselves or others.

But the panel voted 2-1 to reject recalls submitted against Reps. Betsy Coffia of Traverse City, Jennifer Conlin of Ann Arbor, Noah Arbit of West Bloomfield, Kelly Breen of Novi and Denise Mentzer of Mount Clemens because the petitions submitted against them were determined to lack clarity in their reasons for recall.

A seventh recall petition submitted against Rep. Reggie Miller of Van Buren Township was withdrawn.

Mark Brewer, an attorney representing the House Democrats facing recall, argued the language used for the recall against the lawmakers did not provide enough detail on the content of the bills that prompted the recall efforts. Without a brief description of the content, voters could be misled on what they are signing, he said.

"Signers are entitled to more than that," Brewer said. "... It's there in the statute. It's there in the case law. And it's there in the guidance for this board.”

Ann Howard, an attorney who spoke at the meeting, argued the petitions being considered were clear enough and in compliance with the form required by the state Bureau of Elections.

"I ask the board to allow the citizen initiatives ... to move forward without any delay," Howard said.

MacDonell defended her vote in a Monday statement and urged voters to "consider the broader context and strong support for (Extreme Risk Protection Order) laws when evaluating the recall petition."

“I am proud of my vote and am confident that the vast majority of my constituents support that vote. My job is to serve them and keep them safe," MacDonell said.

Canvassers Mary Ellen Gurewitz, a Democrat, and Richard Houskamp, a Republican, voted to reject the five petitions, while Canvasser Tony Daunt, a Republican, voted against rejection. Canvasser Jeannette Bradshaw, a Democrat, was absent from the meeting.

Daunt noted the petitioners were in a difficult position because an expanded description of the bill prompting a recall would likely be flyspecked by attorneys, while those aiming for brevity were also targeted for having too little information.

Coffia and MacDonell were targeted based on their votes in favor of the so-called "red flag law," but the petition submitted against Coffia indicated the bill would create an Extreme Risk Protection Order when it largely set up the process for obtaining such an order.

The recalls submitted against Conlin, Arbit, Breen and Mentzer cited their votes in favor of the creation of the Hate Crime Act, but only referred to it as an amendment to the existing ethnic intimidation law, which canvassers felt didn't pass muster in describing the content of the bill.

The legislation was passed by the House in June, but has yet to come before the Senate. The Michigan Hate Crime Act, which passed 59-50 in the Democratic-controlled House, is a package of bills that would replace Michigan's 1988 ethnic intimidation law so that more categories of people fall under the law's protections. The package also would heighten penalties for the desecration of an institution such as a church, synagogue, mosque or community center.

The recall against MacDonell is the second House recall in less than a month that the board has approved. A recall effort against Rep. Cam Cavitt, R-Cheboygan, was approved Aug. 1. At the time canvassers approved Cavitt's recall, they rejected seven others, largely because of a lack of clarity in their reasons for recall.

The approvals of those petitions mean those seeking to recall MacDonell and Cavitt can begin gathering signatures to hold a recall election.

Organizers have to collect resident signatures equal to 25% of the votes cast in the district in the last gubernatorial election within a 60-day window to get the recall question on the ballot.

If an organizer has collected the requisite number of valid signatures, a recall election will be scheduled at the next regularly scheduled election in May or November, where the recalled individual will run against nominees of opposing political parties.

The winner of the election will fill the remaining time left of the recalled individual's term.

eleblanc@detroitnews.com