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Bert Johnson recall, Michigan State Senate (2017)
| Michigan State Senate recall |
|---|
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| Officeholders |
| Recall status |
| See also |
| Recall overview Political recall efforts, 2017 Recalls in Michigan Michigan recall laws State legislative recalls Recall reports |
An effort to recall Bert Johnson, a member of the Democratic Party, from his elected position representing District 2 in the Michigan State Senate was launched on April 13, 2017.[1]
This recall failed after supporters of the recall did not submit any signatures to move the recall forward.[2]
Timeline
- April 13, 2017: Robert Davis filed paperwork with the Michigan Secretary of State's office.
- April 26, 2017: Michigan Board of Canvassers approved petition language for the recall.[3]
Background
On April 11, 2017, Johnson was indicted by a federal grand jury on conspiracy and theft charges. According to the indictment, Johnson hired a ghost employee, who did not work, to his Senate payroll to repay a loan. He borrowed over $10,000 in October 2013 from an unnamed individual and later hired that person to his payroll to repay the debt. The ghost employee was paid $23,134 and worked from March 2014 to January 2015 as a community organizer.[4] If convicted, Johnson could serve up to five years on the conspiracy charge and up to 10 years on the theft charge.[5]
The initiator of the recall, Robert Davis, said that Johnson's indictment was what led him to file recall paperwork with the Michigan Secretary of State's office. "I think that at this critical time, while he’s undergoing this process, the citizens of his senatorial district should have an option to decide what they want to do," said Davis.[1]
Following the November 2014 general election, Republicans held a 27 to 11 member majority in the state Senate. Republican Gov. Rick Snyder won re-election in November 2014. Republicans in the Michigan House of Representatives held a 63 to 47 majority following the November 2016 general election. Michigan is one of 25 states with a Republican trifecta at the beginning of 2017.
Path to the ballot
- See also: Laws governing recall in Michigan
Recall process
Recall is a process whereby an elected official can be removed from office prior to the end of his or her term. All elected officials in Michigan are subject to recall except judges of courts of record.[6] The process for recalling a state official in Michigan is outlined below:
- A recall petition must first be filed with the Board of State Canvassers. The board holds a hearing to determine whether the reason for the petition is factual and clear; that is the only criteria considered by the board to approve or reject the petition. Click here to learn more about these hearings.
- Once approved by the board, the petitioner must amass a number of signatures equal to 25 percent of the number of votes cast in the last general election in the electoral district of the officer sought to be recalled.[7] The petitioner has 60 days to collect these signatures beginning on the date the first signature is collected; however, the petition must be submitted to the Michigan Secretary of State no later than 180 days after it was approved by the board.[7][8]
- If an approved petition is appealed to the state Court of Appeals, then "the recall petition cannot be circulated until the Court of Appeals renders a decision or until 40 days following the date of appeal, whichever is sooner."[9]
- The Secretary of State then has 35 days to determine the validity of the signatures on the petition by verifying the voter registration status of those who signed.[10] If the petition is approved, a special recall election will be scheduled on the next general election date wherein other candidates may challenge the incumbent for the governor's seat.[7]
- If an election is forced, the incumbent may submit a justification statement for the conduct that triggered the recall which is printed on the special election ballot for voters to consider.
Clarity and factual hearing
A clarity and factual hearing is the first step in the recall process. Michigan laws state that the reason for petition must be deemed factual and clear by the Board of State Canvassers before the recall petition can be placed in circulation. The board does not document a rationale for their determination, only the judgment of rejected or approved.[7]
The board also does not have the authority to make a determination on the legitimacy of the reason for recall, nor do Michigan laws explicitly state the criteria for judging a petition as factual and clear.[7] This means that any reason for the recall can be placed on a petition and approved for circulation, so long as the reason is clearly stated and does not contain falsehoods.
For the recall of Johnson to be placed on the ballot, supporters of the recall needed to gather 14,474 signatures within a 60-day period.[1] Recall supporters had until October 23, 2017, or 180 days to turn in signatures for the recall to go forward.[3]
Recent news
The link below is to the most recent stories in a Google news search for the terms Bert Johnson recall Michigan. These results are automatically generated from Google. Ballotpedia does not curate or endorse these articles.
See also
External links
Footnotes
- ↑ 1.0 1.1 1.2 Detroit News, "Sen. Bert Johnson faces recall petition over indictment," accessed April 17, 2017
- ↑ According to a phone call with the Michigan Department of Elections on October 24, 2017, no signatures were submitted for the recall against Bert Johnson.
- ↑ 3.0 3.1 Mlive.com, "State Canvassers approve recall language for Sen. Bert Johnson," accessed April 27, 2017
- ↑ Detroit News, "Sen. Bert Johnson indicted by federal grand jury," accessed April 12, 2017
- ↑ Detroit Free Press, "Michigan Sen. Bert Johnson indicted by grand jury," accessed April 12, 2017
- ↑ Big Government, "The Right of Recall," February 9, 2010
- ↑ 7.0 7.1 7.2 7.3 7.4 Michigan Secretary of State, "Michigan Election Law, Chapter XXXVI," accessed March 15, 2016
- ↑ In the event the Secretary of State is the subject of a recall petition, the petition must then be filed with the governor.
- ↑ Michigan.gov, "Recall Elections: The Role of the Board of State Canvassers," accessed February 12, 2021
- ↑ The petition signatures are cross-referenced with the state's qualified voter file.
