Michigan Campaign Finance Act: Enforce or Abolish

Michigan Campaign Finance Act: Enforce or Abolish

The right to honest, legal and fair elections is a privilege that most citizens take for granted. Most of us have a belief that this privilege is protected by Federal and State laws. It is true that in Michigan we have both the Election Act 116 of 1954 and the Campaign Finance Act 388 of 1976. Unfortunately, the Citizens of Flint have learned that these laws only give the appearance of protection. In reality, the enforcement system of these laws render the law’s intent—impotent and meaningless.

Here’s how the system works “in theory”: A Citizen can submit complaints about violations to their County Clerk and/or directly to the Secretary of State, Legal and Regulatory Affairs (SOS-LRA). The County Clerk can request that a local or State law enforcement agency (Police Department, County Sheriff or State Police) investigate the allegations and in turn refer the results of their investigations to the local County Prosecutor. If you’ve filed a complaint directly with SOS – Legal and Regulatory, this Division supposedly then investigates the allegations and arrives at some conclusion. If SOS-LRA determines that the complaint has merit they are then allowed a few options which may include some ineffectual mediation-type follow-up with the violator. Or, the SOS-LRA can refer the matter to the State Attorney General with a recommendation for prosecution.

This may sound reasonable but here is the reality for Citizens in Flint who have filed multiple complaints (involving multiple elections) about Flint’s Mayor Don Williamson, his wife Patsy Lou Williamson, as well as their political machine and political administration. Flint’s City Clerk, Inez Brown, has no authority to either investigate complaints of state law violations, nor has she any enforcement powers. Yet she, as well as other local jurisdiction Clerks have a responsibility to report these allegations to the State—which she has done repeatedly, to no avail.

To paraphrase Genesee County’s Clerk, Mike Carr’s, comments in our local media, “.... (The Mayor) is doing a good job; he’s taking care of business.”

The City of Flint Police Chief, Gary Hagler (appointed by and serving at the pleasure of the Mayor), is part of the problem and is, as are some of the Mayor’s special police squad of “Inspectors” -- named in the complaints.
Genesee County’s Sheriff (Robert Pickell) and Prosecutor (David Leyton) have so compromised themselves by accepting substantial campaign contributions over several years from Williamson, and by appearing in the Williamson campaign literature, that they have repeatedly recused themselves from involvement. They have in fact, sent multiple notices and referral letters to Mike Cox, Michigan’s Attorney General who has, seemingly, ignored the problems and “kicked them back” to the local ineffective office holders.


What is occurring here in Flint and Genesee County that has citizens so upset? Well, the majority of these complaints involve: 1) the prohibited use of City Resources (and tax-payer dollars) for campaign purposes, 2) the prohibited use of Corporate Contributions (Patsy Lou Williamson GMC Buick dealership) for campaign purposes and, 3) the deliberate filing of false campaign reports.

Complaints have been filed for the 2005 City Council Elections. The Mayor spent enormous (unreported) sums of money in order to elect his chosen council people. This complaint has never been addressed by SOS-LRA.

Complaints have been filed for the 2006 Michigan District 27 State Senate election. The Mayor wanted his wife Pasty Lou to become a State Senator. It is now almost the end of 2007 and no resolution regarding the Corporate Contributions or filing of false campaign reports have been forthcoming from SOS-LRA. After reviewing video tapes and transcripts of an Investigative Hearing (use of City Resources for campaign purposes) that was held by Flint City Council, SOS-LRA concluded that no City Resources were used. Despite Whistle-Blower testimony by a city employee (under Oath), eye-witness testimony by Flint Citizens (under Oath) and physical evidence submitted (digital photos, etc.) the rationale given by SOS-LRA was that the accused wrong-doers stated under oath that they did not do it. Please note that SOS-LRA did not come to Flint and interview any principles involved nor did they review any city records—because under the current laws and procedures SOS-LRA has no subpoena power to do so. Nor do they have any legal authority to enforce the laws. And apparently they have no prosecutorial experience since they believe that a wrong-doer will tell the truth under oath. Conversely, they must believe that everyone else (whistle-blowers included) lies under oath.

Complaints have been filed for the current 2007 Mayoral election. The Mayor obviously wants to retain his current position. The complaint was filed on September 18, 2007 and so far SOS-LRA has not even sent correspondence acknowledging that a complaint was filed. Not only does this complaint contain allegations of the same nature, but due to the unaddressed and unresolved prior complaints, the prohibited activities have been escalated and become even more blatant. We have Mayoral appointed Police Inspectors (in uniform) handing out campaign literature and City checks. We have letters being sent out on City stationary (paid for by tax-payers) extolling the virtues and accomplishments of Don Williamson. We have Department of Sanitation Workers in City Trucks putting up Don Williamson yard signs. We have City Employees setting up City equipment for Don Williamson campaign press conferences and political rallies. We have fees for Parks equipment being waived by the Mayor, for his political events. We have thousands of taxpayer dollars being sent out weekly to (predominately) African-American churches and Block Clubs—in order to buy support and votes. We have (no one knows the true number) dozens of people being hired as Mayoral “Aides”, with no job descriptions, no job postings and no actual job duties (except to campaign for the Mayor)—all at taxpayer expense. And this is occurring despite State Law and despite our City Charter which only allows the Mayor 21 appointees. All other City-hires are supposed to be according to the Civil Service Merit system. We also have job retaliation (demotions, suspensions, firings, threats) to any City Employee who refuses to go along with these illegal activities.

Why this letter is addressed to SOS-LRA is obvious. Why this letter is also addressed to Mike Cox should be obvious. To ignore Citizen Complaints about the integrity of the election process being violated and to ignore Recusal referrals from the local Sheriff and Prosecutor—is at best negligent and at worst politically motivated. The Attorney General’s office has been copied (with evidence duly spoon-fed and submitted) on every complaint. The AG has also been contacted by other concerned State Elected Officials, and by SOS-LRA, and been apprised of this situation, numerous times. Yet there is no response from Mike Cox and his office.

Federal authorities have also been contacted. In some instances the response is “We don’t have jurisdiction on violations of State Laws, this should be handled by the appropriate State Officials.” OK, well why aren’t these complaints being appropriately addressed by State Officials?

It’s my belief that Michigan’s Campaign laws are intrinsically flawed. If the SOS-LRA Division has no power to subpoena testimony or records—how can they be an effective investigatory force? If they have no power to enforce the laws and if the Attorney General may pick which laws and cases he chooses to enforce—how then is this office an effective enforcement branch? Who now has the responsibility to safe-guard the integrity of the election process for Citizens in Flint and in the State of Michigan?

My recommendation to State Legislators is to either rewrite the Campaign and Election Laws so they’re actually effective, or to abolish them completely. Don’t give false hope to the Citizenry who naively believe that the right to honest, fair and legal elections is protected under State Law. A good place to start would be to support Senator John Gleason’s proposed legislation to prohibit convicted felons from holding Elected Office. If this law had previously been in place, Donald Williamson (as a three time convicted felon) would not currently be the Mayor of Flint. Nor would he have had the opportunity to use our tax dollars to continue to commit additional felonies.