That means that unless the board’s decision is appealed, the recall attempt will not move forward. Warren, a Democrat, was the subject of the recall effort for voting against legislation proposed by Republican Gov. Rick Snyder – and ultimately passed by the state House and Senate – that eliminated the Michigan Business Tax. [Snyder is also the subject of a recall – see Chronicle coverage on the April 29, 2011 clarity hearing for that recall effort.]

The language that the board determined was not sufficiently clear was as follows: “Michigan House Bill 4361 eliminates the job-killing Michigan Business Tax; however, on May 12, 2011, State Sen. Rebekah Warren voted ‘No’ on final passage of Michigan House Bill 4361.” [.pdf of proposed recall ballot language]

The board of election commissioners consists of Donald E. Shelton (chair), chief judge of the Washtenaw County Trial Court; Larry Kestenbaum (secretary), county clerk; and Catherine McClary (member), county treasurer. Kestenbaum and McClary ran for their offices as Democrats. The judicial races are non-partisan, but Shelton in the past has run for office as a Democrat.

The vote rejecting the petition language was 2-1, with Kestenbaum dissenting. Shelton and McClary noted that HB 4361 does not, in fact, eliminate the Michigan Business Tax – nor does the bill reference that tax. The MBT was addressed in a companion piece of legislation – House Bill 4362.

The petition language for Warren’s recall was submitted on July 7, 2011 by Steven E. Wallis of Ypsilanti Township, who last year was listed as a member of the Willow Run Tea Party Caucus. Wallis did not attend the clarity hearing, and no one appeared at the hearing on his behalf. Warren and nearly a dozen of her staff and supporters attended. Warren addressed the board in defense of her vote, and was formally represented by Jack Dolan, an attorney who argued that the petition language was unclear.

Under Michigan’s state election law, the finding at a clarity hearing can be appealed to the Circuit Court within 10 days of the finding by the petitioner or the officer. New recall ballot language can also be submitted.

The brief was filed from the Washtenaw County board of commissioners boardroom, 220 N. Main St., Ann Arbor, where the clarity hearing was conducted.

The board of election commissioners consists of (chair) Donald E. Shelton, chief judge of the Washtenaw County Trial Court; (secretary) Larry Kestenbaum, county clerk; and (member) Catherine McClary, county treasurer.

The vote on the clarity of the language was 2-1. McClary’s was the dissenting vote.

The language that the board found to be sufficiently clear was as follows: “Richard D. Snyder has requested from the legislature, approved and signed various laws that take authority and funds from local governments and school districts and vest them with the state. He has obtained for himself, through his appointed Emergency Financial Managers, the power to invalidate legal and binding contracts entered into by properly elected local authorities. He has sought tax increases upon retirees and lower income families, but instead of addressing the deficit, he has sought large new tax cuts for corporations and businesses.” [.pdf of proposed recall ballot language]

Under Michigan’s state election law, the finding at a clarity hearing can be appealed to the Circuit Court within 10 days of the finding by the petitioner or the officer. New recall ballot language can also be submitted.

The petition language was submitted on April 18, 2011 by Gerald D. Rozner from the city of Monroe. The effort is being organized by a group called Michigan Citizens United. By state election law, the board had a window between 10 and 20 days after the petition during which to complete the clarity hearing. If no hearing had been held, the default finding is that the language is sufficiently clear.

If there is no appeal or if the petition language survives any appeal, the recall effort would need to collect signatures equal to 25% of the number of votes cast for the office of governor in the general election – about 800,000 signatures would be required. By law, the petition itself can’t be submitted until six months after the recall subject takes office – that means the recall petition could be filed no earlier than July 1, 2011.

The brief was filed from the Washtenaw County board of commissioners boardroom, 220 N. Main St., Ann Arbor, where the clarity hearing was conducted. A more detailed report will follow: [link]