-FOR IMMEDIATE RELEASE-
Recall Sponsors Revel in Levin Retirement, Forgo Do-Over
March, 20th, 2013
Suttons Bay, MI – Sponsors of an unsuccessful 2012 effort to recall United States Senator Carl Levin were excited to learn of his imminent retirement, and have decided to forgo a renewed petition drive.
“On this first day of spring, we had to make a decision.” Said recall co-organizer Scotty Boman. “We would first need to re-visit the clarity review process, and then circulate the petitions in the summer months. If the petitions survived challenges there would be the scheduling of a special election and court challenges. Even if we were successful at each step, we wouldn’t cut his term short by much more than a year. Fortunately, it looks like the Senator has taken the hint and done the job for us.” Boman said.
The other co-organizer, Warren Raftshol commented, “Levin, in the end, capitulated to our gentle but resolute pressure, and that we should congratulate him for his wise decision to leave quietly.”
Boman also commented, “Even though our effort was a long-shot, Carl Levin’s voting history on indefinite detentions, could have been used against him in the 2014 election; this is a hot-button issue among liberal civil libertarians whom Levin has counted on as part of his support base. By keeping this issue alive, our recall effort may have played a roll. We will continue to look at ways to undo or nullify law.”
Raftshol, has hinted at putting similar pressure on Senator Debbie Stabenow.
The first recall attempt was concluded when Michigan residents seeking to recall United States Senator Carl Levin failed to collect the 468,709 valid signatures needed Before the December 31st 2012 filing Deadline. The petitioners had until 180 days after the language was validated to file the petitions with the Secretary of State. Since that day fell during a holiday break, the petitions were due by December 28th.
In a December 29th press release recall co-organizer, Scotty Boman commented, “This is disappointing, but I knew it was a long shot. We tried our best to get the word out, but most politically active people were busy supporting candidates and initiatives that were being put up to a vote in the November 6th election.” The Committee to Recall Carl Levin made the petitions available online and encouraged signers to send the forms to the committee’s address.
The effort to recall Levin was in response to a controversial Amendment to the National Defense Authorization Act (NDAA) for fiscal year 2012 which was drafted by Senators Carl Levin and John McCain. The amendment allowed for the military arrest and indefinite detention of persons on United States soil without trial or Habeas Corpus.
The Committee To Recall Carl Levin is winding up its first petition drive with a call for submission of outstanding signatures. The drive started in early July and the 180 day period for gathering signatures expires near the end of December.
(I-Newswire) Suttons Bay, Michigan, December 3, 2012 – The Committee To Recall Carl Levin is winding up its first petition drive with a call for submission of outstanding signatures. The drive started in early July and the 180 day period for gathering signatures expires near the end of December.
Spokesperson Warren Raftshol said: “While this drive has fallen well short of the 500,000 signatures required to demand a recall election, supporters should not be discouraged. A second recall petition will be filed in January 2013. The most important thing is to remind the people, including Senator Levin, that the people do have the power to recall federal legislators who vote in defiance of the popular will.”
The specific conduct complained of in the first petition is that Senator Levin co-authored, and voted for, provisions in the National Defense Authorization Act of 2012 (NDAA 2012) which allow the detention without trial or due process of anyone, including American citizens, accused of vaguely defined “terrorist activities” which is an invitation for abuse of power by the executive and military branches of the federal government.
Under Michigan law 168.121 “Persons holding the office of United States senator are subject to recall by the qualified and registered electors of the state as provided in chapter 36 of this act.”
A similar New Jersey law was ruled unconstitutional by the New Jersey Supreme Court in 2010. No Michigan court has yet ruled upon the Michigan statute, however, which dates back to the 1908 Michigan Constitution.
The effort to have Carl Levin removed has been led by Libertarian Senate candidate Scotty Boman of Detroit who ran for office in 2012.
Anyone interested in signing the current petition can print out and sign an official petition at http://committeetorecalcarllevin.com and instructions for submitting the petition are available at that site. Additional information on the petition drive is also available at facebook.com/CommitteeToRecallCarlLevin
Q:Why recall Levin?
A: He was one of two authors of an amendment that transformed a routine piece of legislation into a law that has transformed our country into a police state: At the Presidents whim, our military may be turned against us and detain people indefinitely without any due process.
Q: Isn’t it illegal to recall a United States Senator?
A: No. The law differs from state to state. In Michigan,
Section 168.121 (United States senator; recall) reads: “Persons holding the office of United States senator are subject to recall by the qualified and registered electors of the state as provided in chapter 36 of this act.” [MICHIGAN ELECTION LAW (EXCERPT) Act 116 of 1954].
There is a misconception, promoted by the political class themselves, which uses a bunch of sophistry to claim that the United States Constitution prohibits Senatorial recalls. Next time you hear someone chant this mantra, hand them a Constitution and say, “Show me.”
Q: The Constitution doesn’t prohibit recalls, but doesn’t it need to authorize them?
A: No. The Tenth Amendment reads, “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” The petition process is specifically protected by the first amendment, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”
Q: If the Wayne County Commission didn’t accept your wording, how can you say it is approved.
A: Failure to hold a hearing is pocket approval: Section 168.952 of Michigan Election law states: “(3) The board of county election commissioners, not less than 10 days or more than 20 days after submission to it of a petition for the recall of an officer, shall meet and shall determine whether each reason for the recall stated in the petition is of sufficient clarity to enable the officer whose recall is sought and the electors to identify the course of conduct that is the basis for the recall. Failure of the board of county election commissioners to comply with this subsection shall constitute a determination that each reason for the recall stated in the petition is of sufficient clarity to enable the officer whose recall is being sought and the electors to identify the course of conduct that is the basis for the recall.”
-FOR IMMEDIATE RELEASE-
Carl Levin recall language passes clarity review. Signature collection to start on July 4th
July, 3rd, 2012
Detroit, MI – Activist are free to begin circulating petitions to recall Senator Carl Milton Levin starting this Independence
Day; their petition language has been deemed clear in the manner described by Section 168.952 of Michigan Election law
“(3) The board of county election commissioners, not less than 10 days or more than 20 days after submission to it of a
petition for the recall of an officer, shall meet and shall determine whether each reason for the recall stated in the petition
is of sufficient clarity to enable the officer whose recall is sought and the electors to identify the course of conduct that is
the basis for the recall. Failure of the board of county election commissioners to comply with this subsection shall
constitute a determination that each reason for the recall stated in the petition is of sufficient clarity to enable the officer
whose recall is being sought and the electors to identify the course of conduct that is the basis for the recall.”
Notarized certified letters containing the most recent language were signed for on June 11th, and Wayne County Election
Chairman Milton L. Mack acknowledged receiving the language on June 14th in a letter written to the petitions sponsor,
Scott Avery Boman. In the letter Mack wrote that, “…the Wayne County Election Commission will not accept petition
language directed to a United State Senator.” According to Boman, Director of Elections Delphine Oden told him (by
phone on June 22nd) this meant they would not be holding a clarity review hearing. Section 168.121 (United States
senator; recall) reads: “Persons holding the office of United States senator are subject to recall by the qualified and
registered electors of the state as provided in chapter 36 of this act.”
On May 1st the commission held a hearing to review the clarity of previous language and found the prior language to be
unclear. The new approved (by default) petition language reads,
“He co-authored and introduced an amendment regarding detention provisions (Subtitle D Section 1031) to S.1867
(the National Defense Authorization Act for Fiscal Year 2012). He voted in favor of the final version (H.R. 1540)
which contained the detention provisions in section 1021.”
Sponsors cite Levin’s pivotal roll in provisions they describe as “de facto martial law,” as their reason to initiate the recall
effort. The recall will require 468,709 signatures. Boman said, “Warren and I can’t do this on our own. We can get this
started with a build-it-and-they-will-come approach. In 2008 1,810,234 people voted against Carl Levin. We need to
have about a quarter of these people sign the petition, and a much smaller portion to step up and be activists.”
Petitions can be downloaded from http://committeetorecallcarllevin.com/2012/06/25/three-easy-steps-to-recall-carl-levin/
County officials also have standard recall petition forms that may be filled out by hand. Co-sponsor Warren Raftshol said,
“We are building an internet campaign via Facebook, and these petitions are legal and official. I invite people to forward
the link to Carl Levin’s Facebook page and tell him they object to NDAA detention.”
Boman said, “Independence Day is the perfect day to launch this effort. The tyranny Levin has brought us with this law
rivals the oppression imposed on the colonists by the British in 1776.”
If you are a registered voter in the state of Michigan, you may do the following:
1. Print the petition.
You need 8.5 x 14 legal size paper (use ‘Landscape’ setting). The first page is the front, the second is the instructions on the back. You can make xerox copies of your original copy or else just print more when you want them.
2. Read the instructions, especially if you are not an experienced petition circulator. Most important is that all signers on a sheet should be registered voters (ask them) of the same particular township or city. Also, do not fill in the circulator signature and date until you have gathered all the signatures you care to get. A signature gathered after the circulator signature will invalidate the entire sheet.
3. If you are only casually interested in recalling Carl Levin, you may just want to sign the petition and then sign as circulator. Of course, you could also gather a few signatures of friends and relatives so long as it is correct about location of where the signer is registered to vote. You can then mail your petition to us for forwarding to the Secretary of State at the address below.
If you want to gather signatures from the public at large, we recommend you watch the video below.
Petitions should be mailed to:
Committee To Recall Carl Levin
1865 N West Bay Shore Drive
Suttons Bay, MI 49682
If you would like to be more involved in recalling Carl Levin, visit Committee To Recall Carl Levin on facebook and ‘like’ and share with your friends.
The new target date to begin circulating the new petition is July 1.
The petition is 8.5 x 14 legal paper. When printing, you’ll want to “print 1 of 1 ” and then flip the page over and “print 2 of 2″ for the back. But I’ll bet you knew that.
You’ll need to find a typewriter to fill in the info, unless you have an application like PDFpen. Here is Scotty Boman’s current petition ready to submit. (Again, sigh)
We have the right to petition. Currently, the Committee To Recall Carl Levin is locked in a war of attrition with the transparent cronyism of the Wayne County Election Commission. Scotty Boman submits perfectly clear petition language which the WCEC rejects on a pretext that it is unclear. Of course, we have the right to appeal, but attorneys cost money, and why should we have to pay? From our point of view, it would be very helpful if other parties would start submitting similar petitions so the WCEC would get tired of holding hearings. Of course, if they failed to hold a hearing within 20 days, the petition would get through and be “live” to circulate.
Another consideration is that the WCEC is required to notify Carl Levin within 24 hours of the language contained in each petition submitted, so if just you’d like to contact Carl “live and direct”, by all means submit a petition to the address on the letterhead here. Send it certified if you are serious, or if you are just airing a grievance then don’t bother. You are more than welcome to borrow this petition, if you like.
The hard evidence indicates that Cathy M. Garrett and Milton L. Mack both received Scotty Boman’s certified letter on May 25, 2012 and not on May 29, 2012 as Mack’s letter above states.
And as far as the State Bureau of Elections goes, Milty, go ahead and refuse the petition. MCL 168.952 says that the petition is presumed clear 20 days after it is submitted to you, whether you like it or not!