Dana Nessel recall, Attorney General of Michigan (2020-2022)
| Dana Nessel recall, Attorney General of Michigan |
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| Officeholders |
| Recall status |
| Signature requirement |
| See also |
| Recall overview Political recall efforts, 2022 Recalls in Michigan Michigan recall laws State executive recalls Recall reports |
Eleven recall efforts against Michigan Attorney General Dana Nessel (D) were launched in 2021. Two efforts were rejected by the Michigan Board of State Canvassers at the May 14, 2021, meeting. A third effort was rejected at the June 1 meeting.[1] Eight recall efforts were considered at their July 26 meeting. Two petitions were approved for circulation. The signatures for the two recall efforts were due by January 22, 2022. The required signatures were not submitted to recall Nessel.
In 2020, six recall efforts were launched against Nessel. Five efforts were rejected by the Michigan Board of State Canvassers and one was approved for circulation by the board. It was approved at the board's October 15 meeting. Signatures for the recall were due by April 13, 2021. The required signatures were not submitted to recall Nessel.
- Supporters of the approved recall efforts needed to submit 1,062,647 signatures within a 60-day period to force a recall election. The 60-day period begins on the first day that signatures are collected. The recall petition must be submitted to the office of Michigan's secretary of state no later than 180 days after it was approved by the board. According to state recall rules, if a recall is appealed to the court of appeals, the petition is valid 180 days after either the court renders a decision or 40 days after the date of appeal whichever comes sooner.[2] Read more here on how recalls function in Michigan.
Nessel was elected as Michigan's attorney general in 2018 with 49% of the vote. Bill Schuette (R) served as attorney general from 2011 to 2019.
To read about other recall efforts related to the coronavirus and government responses to the pandemic, click here.
Inactive recall campaigns
First recall effort (submitted by Chad Baase; petition rejected)
The first recall petition was filed by Chad Baase in May 2020. The Michigan Board of State Canvassers voted on May 22, 2020, to not approve the recall, citing factual errors with the petition's reasons for recall.[3] The petition listed the following reasons for recall:
| “ |
In June 2019, Attorney General Dana Nessel permitted her prossecution [sic] team to dismiss criminal charges against 8 remaining defendants charged related to the Flint water crisis. Atttorney [sic] General Dana Nessel has failed to bring new charges against anyone responsible for the thousands of children who were exposed to lead from drinking water or the 12 people who died of Legionnaires [sic] Disease in connection with the Flint water crisis and no defendants have been sentenced to prison time for these injuries and deaths.[4] |
” |
| —Dana Nessel Recall Petition Language[5] | ||
Second recall effort (submitted by Chad Baase; petition rejected)
The second recall petition was filed by Chad Baase on May 26, 2020. The petition was rejected on June 8, 2020, by the Michigan Board of State Canvassers by a vote of 4-0.[6] The petition listed the following reasons for recall:
| “ |
For signing and sending a letter with the greeting, "Dear Colleagues," dated May 4, 2020, Re: Executive Orders 2020-69 & 2020-70 with the following paragraph with its text; "The legislature has deemed this to be a "sufficiently broad power of action in the exercise of the police power of the state to provide adequate control over persons and conditions during such periods of impending or actual public crisis or disaster." MCL 10.32. In addition, the provisions of the EPGA are to "be broadly construed to effectuate this purpose." The full contents of the letter signed by DANA NESSEL may be found at https://www.michigan.gov/documents/ag/Ltr_re_EO_69_70.final_689490_7.pdf[4] |
” |
| —Dana Nessel Recall Petition Language[7] | ||
Third recall effort (submitted by Chad Baase; petition rejected)
The third recall petition was filed by Chad Baase on July 28, 2020. The petition was considered on August 11, 2020, by the Michigan Board of State Canvassers. The petition was not approved by the board. The petition listed the following reasons for recall:
| “ |
For signing a letter with the greeting, “Dear Colleagues,” dated May 4, 2020, Re: Executive Orders 2020-69 & 2020-70 with the following paragraph; The legislature has deemed this to be a “sufficiently broad power of action in the exercise of the police power of the state to provide adequate control over persons and conditions doing such periods of impending or actual public crisis or disaster.” MCL 10.32. In addition, the provisions of the EPGA are to “be broadly construed to effectuate this purpose.” Id.[4] |
” |
| —Dana Nessel Recall Petition Language[8] | ||
Fourth recall effort (submitted by James Makowski; petition rejected)
The fourth recall petition was filed by James Makowski on August 20, 2020. The petition was considered on September 2, 2020, by the Michigan Board of State Canvassers. The board rejected the petition by a 4-0 vote. The petition listed the following reasons for recall:
| “ |
Dana Nessel (D) is the Attorney General of Michigan[4] |
” |
| —Dana Nessel Recall Petition Language[9] | ||
Fifth recall effort (submitted by Chad Baase; petition rejected)
The fifth recall petition was filed by Chad Baase on September 7, 2020. The petition was considered on September 24, 2020, by the Michigan Board of State Canvassers. The board rejected the petition by a 4-0 vote. The petition listed the following reasons for recall:
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For announcing plans on Thursday, August 06, 2020, to ramp enforcement of Covid-19 related restrictions at long-term care facilities.[4] |
” |
| —Dana Nessel Recall Petition Language[10] | ||
Sixth recall effort (submitted by Chad Baase; petition ended)
The sixth recall petition was filed by Chad Baase on September 25, 2020. The petition language was approved by the Michigan Board of State Canvassers at the October 15 meeting. In an interview with MLive in December 2020, Baase said he did not intend to collect signatures to recall Nessel.[11] The petition listed the following reasons for recall:
| “ |
Dana Nessel, on Thursday, August 06, 2020, Announced plans ramping up efforts to enforce Gov. Gretchen Whitmer’s Executive Order 2020-148.[4] |
” |
| —Dana Nessel Recall Petition Language[12] | ||
Seventh recall effort (submitted by Chad Baase; petition rejected)
The recall petition was filed by Chad Baase on April 29, 2021. This was the seventh recall effort filed against Nessel since she took office in 2019. The state Board of State Canvassers met remotely on May 14, 2021, to hold a clarity and factual hearing to review the recall's petition language. The board did not approve the petition for circulation. The petition listed the following reasons for recall:
| “ |
On May 13, 2020, Attorney General Dana Nessel announced Owosso barber Karl Manke’s professional license as well as the license for his barbershop were summarily suspended. On December 10, 2020, Michigan Attorney General Dana Nessel said her office hasn’t seen credible information about even isolated voter fraud that was successfully carried out in the Nov. 3 election. On March 19, 2021, Michigan Attorney General Dana Nessel announced the arrest of Marlena Pavlos- Hackney, owner of Marlena’s Bistro and Pizzeria in Holland.[4] |
” |
| —Dana Nessel Recall Petition Language[13] | ||
Eighth recall effort (submitted by Chad Baase; petition rejected)
The recall petition was filed by Chad Baase on April 29, 2021. This was the eighth recall effort filed against Nessel since she took office in 2019. The state Board of State Canvassers met remotely on May 14, 2021, to hold a clarity and factual hearing to review the recall's petition language. The board did not approve the petition for circulation. The petition listed the following reasons for recall:
| “ |
On May 13, 2020, Attorney General Dana Nessel announced Owosso barber Karl Manke’s professional license as well as the license for his barbershop were summarily suspended On March 19, 2021, Michigan Attorney General Dana Nessel announced the arrest today of Marlena Pavlos-Hackney, the owner of Marlena’s Bistro and Pizzeria in Holland.[4] |
” |
| —Dana Nessel Recall Petition Language[14] | ||
Ninth recall effort (submitted by Hannah Curley; petition rejected)
The recall petition was filed by Hannah Curley on May 14, 2021. This was the ninth recall effort filed against Nessel since she took office in 2019. The state Board of State Canvassers met on June 1, 2021, to hold a clarity and factual hearing to review the recall's petition language. The board voted 4-0 at the meeting to reject the recall petition.[1][15] The petition listed the following reasons for recall:[16]
| “ |
On May 13, 2020, Attorney General Dana Nessel announced in coordination with the Michigan Deptartment of Licensing and Regluatory affairs, Barber Karl Manke’s Professional License as well as the License for his Barbershop were summarily suspended. Michigan Attorney General Dana Nessel announced the arrest of Marlena Pavlos-Hackney, owner of Marlena’s Bistro and Pizzeria in Holland, made by the Michigan State Police on March 19, 2021.[4] |
” |
Tenth and eleventh recall efforts (submitted by David Blair; petitions ended)
The recall petitions were filed by David Blair on July 7, 2021. The state Board of State Canvassers met on July 26, 2021, to hold a clarity and factual hearing to review the recall's petition language. The board approved the petitions for circulation. The signatures for the two recall efforts were due by January 22, 2022. The required signatures were not submitted to recall Nessel.
The petitions listed the following reasons for recall:[17]
| “ |
Dana Nessel, on Thursday, August 06, 2020, announced plans ramping up efforts to enforce Gov. Gretchen Whitmer’s Executive Order 2020-148.[4] |
” |
Twelfth and thirteenth recall efforts (submitted by David Blair; petitions rejected)
The recall petitions were filed by David Blair on July 7, 2021. The state Board of State Canvassers met on July 26, 2021, to hold a clarity and factual hearing to review the recall's petition language. The board did not approve the petitions for circulation. The petitions listed the following reasons for recall:[18]
| “ |
On at least one occasion regarding last year’s handling of COVID-19 by the state’s executive offices, Dana Nessel did not exhibit public favor or prioritize her oath to support the constitutions. Nessel’s negligence to influence and observe or carryout actions that were entirely aligned with upholding the constitutional rights of all state residents attributed to mass frustration coupled with avoidable harm to the state and its people. This lack of moral obligation and distorted sense of duty and/or gross incompetence brings to question her motives, loyalties, and ability to faithfully discharge the duties of this office.[4] |
” |
Fourteenth and fifteenth recall efforts (submitted by David Blair; petitions rejected)
The recall petitions were filed by David Blair on July 7, 2021. The state Board of State Canvassers met on July 26, 2021, to hold a clarity and factual hearing to review the recall's petition language. The board did not approve the petitions for circulation. The petitions listed the following reasons for recall:[19]
| “ |
Attorney General Dana Nessel declined Senator Jim Runestads request to open investigation on COVID-19 related deaths in nursing homes.[4] |
” |
Sixteenth and seventeenth recall efforts (submitted by David Blair; petitions rejected)
The recall petitions were filed by David Blair on July 7, 2021. The state Board of State Canvassers met on July 26, 2021, to hold a clarity and factual hearing to review the recall's petition language. The board did not approve the petitions for circulation. The petitions listed the following reasons for recall:[20]
| “ |
Dana Nessel declined a request from Senate Republicans to commence an investigation related to COVID-19 deaths in Michigan nursing homes, and how Governor Gretchen Whitmer’s administration handled its COVID-19 response in nursing homes.[4] |
” |
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.[21] 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.[22] 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.[22][23]
- 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."[24]
- 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.[25] 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.[22]
- 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.[22]
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.[22] 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.
Ballotpedia covered 35 coronavirus-related recall efforts against 94 officials in 2022, accounting for 13% of recalls that year. This is a decrease from both 2020 and 2021. COVID-related recalls accounted for 37% of all recall efforts in both 2020 and 2021. In 2020, there were 87 COVID-related recalls against 89 officials, and in 2021, there were 131 against 214 officials.
The chart below compares coronavirus-related recalls to recalls for all other reasons in 2020, 2021, and 2022.
Election history
2018
- See also: Michigan Attorney General election, 2018
General election
General election for Attorney General of Michigan
Dana Nessel defeated Tom Leonard, Lisa Lane Gioia, Chris Graveline, and Gerald T. Van Sickle in the general election for Attorney General of Michigan on November 6, 2018.
Candidate | % | Votes | ||
| ✔ |  | Dana Nessel (D) | 49.0 | 2,031,117 |
 | Tom Leonard (R) | 46.3 | 1,916,117 | |
 | Lisa Lane Gioia (L) | 2.1 | 86,807 | |
 | Chris Graveline (Independent) | 1.7 | 69,889 | |
 | Gerald T. Van Sickle (U.S. Taxpayers Party) | 0.9 | 38,114 | |
| Total votes: 4,142,044 | |||
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See also
- Recall campaigns in Michigan
- Political recall efforts, 2020
- Political recall efforts, 2021
- Political recall efforts, 2022
External links
Footnotes
- ↑ 1.0 1.1 Wwmt.com, "Board of State Canvassers reject petition to recall Gov. Whitmer, AG Nessel," June 1, 2021
- ↑ Michigan.gov, "Recall Elections: The Role of the Board of State Canvassers," accessed April 1, 2021
- ↑ MLive, "Michigan panel rejects petitions to recall Gov. Gretchen Whitmer, Attorney General Dana Nessel," May 22, 2020
- ↑ 4.00 4.01 4.02 4.03 4.04 4.05 4.06 4.07 4.08 4.09 4.10 4.11 4.12 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ Michigan Board of State Canvassers, "Supplemental Meeting Materials, May 22 Meeting, Nessel Recall Petition," accessed May 18, 2020
- ↑ Governing, "Language to Recall Michigan Gov Approved, Needs Signatures," June 8, 2020
- ↑ Michigan Board of State Canvassers, "Meeting of the Board of State Canvassers - June 8, 2020," accessed June 11, 2020
- ↑ Michigan Board of State Canvassers, "Meeting of the Board of State Canvassers - August 11, 2020," accessed August 7, 2020
- ↑ Michigan Board of State Canvassers, "Meeting of the Board of State Canvassers - September 2, 2020," accessed August 31, 2020
- ↑ Michigan Board of State Canvassers, "Meeting of the Board of State Canvassers - September 24, 2020," accessed September 24, 2020
- ↑ MLive, "Man behind Whitmer recall abandons effort, despite court ruling in his favor," December 3, 2020
- ↑ Michigan Board of State Canvassers, "Meeting of the Board of State Canvassers - October 15, 2020," accessed October 15, 2020
- ↑ Board of State Canvassers, "May 14, 2021 Meeting Notice," accessed May 14, 2021
- ↑ Board of State Canvassers, "May 14, 2021 Meeting Notice," accessed May 14, 2021
- ↑ Patch.com, "Whitmer, Nessel Recall Efforts Denied By MI Board Of Canvassers," June 1, 2021
- ↑ Michigan.gov, "June 1, 2021 Meeting Notice," accessed June 1, 2021
- ↑ Michigan.gov, "Meeting of the Board of State Canvassers July 26, 2021," accessed July 30, 2021
- ↑ Michigan.gov, "Meeting of the Board of State Canvassers July 26, 2021," accessed July 30, 2021
- ↑ Michigan.gov, "Meeting of the Board of State Canvassers July 26, 2021," accessed July 30, 2021
- ↑ Michigan.gov, "Meeting of the Board of State Canvassers July 26, 2021," accessed July 30, 2021
- ↑ Big Government, "The Right of Recall," February 9, 2010
- ↑ 22.0 22.1 22.2 22.3 22.4 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.
