Posted on 08/08/2007 10:15:59 AM PDT by madison10
Tuesday, August 7, 2007 9:45 AM EDT
The county elections board approves the language on a petition calling for the recall of U.S. Rep. Tim Walberg.
By Dennis Pelham
Daily Telegram Staff Writer
ADRIAN The path was cleared Monday for a retired teacher in Jackson to begin collecting signatures on petitions for the recall of 7th District Rep. Timothy Walberg, R-Tipton.
After a two-week delay, the Lenawee County Election Commission voted Monday afternoon to give petition language a passing grade on clarity. The language proposed by James R. Carr faults Walberg for voting in favor of continuing U.S. military involvement in the Iraq war and adding to the national debt.
Basically, this is a vote against the war as much as anything, said Carr. A successful petition will give district voters a chance to register their opinion on the war issue, he said, instead of listening to pollsters say what they think.
This poll is going to be as accurate as you can make it in the 7th District, Carr said.
Eric Doster, an attorney for Walberg, said he was disappointed the three-member county election commission did not put an end to the recall effort on the constitutional grounds he raised at a hearing two weeks ago.
You cant recall a member of Congress, said Doster of the Lansing law firm Foster, Swift, Collins & Smith. At some point someones going to have to say you cant do this.
Lenawee County Probate Judge Margaret M.S. Noe, a member of the election commission, adjourned the commission hearing two weeks ago and asked Carr and Doster to submit written briefs on the constitutional issue Doster raised.
Noe said Monday the commission members agreed that body does not have authority to decide if the U.S. Constitution prohibits the recall of congressmen.
Michigan Secretary of State spokeswoman Kelly Chesny said two weeks ago the recall effort is considered legal by that agency absent any court decisions to the contrary. Signed petitions would be submitted to Lansing. The Lenawee County Election Commission handled the language review because Walberg is a resident of the county.
Doster said he believes there are a number of court rulings that support his position, as well as the language of the U.S. Constitution. One of the decisions he cited is a U.S. Supreme Court ruling that says states cannot limit the terms of members of Congress.
This is a cut and dried case, Doster said. This is as clear as day, yet they are continuing with it.
Doster said he expects a decision within one or two weeks on whether to seek a court ruling to stop the recall effort.
Carr said he will not hire a lawyer to fight Walberg in court.
Im just a poor peasant. I dont have millions of dollars behind me like Mr. Walberg, said Carr. I would just hope that the judges where its placed will follow the law.
With Mondays ruling that his petition language is clear enough to proceed, Carr said he is planning to have volunteers quickly begin collecting signatures. State officials have not yet calculated exactly how many valid signatures are needed to force an election, but Carr said he estimates it will be more than 50,000.
He said he will need lots of help.
People have been calling his home since his proposed petition received publicity three weeks ago, he said.
Oh, yes, Carr laughed. Im not counting, he said, but he believes enough volunteers are ready that he can begin collecting signatures this week.
This is a people movement, he said. I dont want any party backing this. Carr said he also hopes the effort will get the attention of state lawmakers and inspire them to resolve school funding and other budget disputes that are harming Michigan.
Carr has 180 days to circulate petitions, but the signatures have to be collected within 90 days of each other to be valid.
Im optimistic, and yet Im not making any predictions, Carr said.
His plans for a recall drive began the day Walberg was elected in November, he said. The effort could not begin until July, however, because state law requires a targeted official be in office at least six months before a recall can be attempted.
If enough signatures are collected the earliest election date would be in February, said Lenawee County Clerk Lou Ann Bluntschly, unless Michigan schedules a presidential primary vote before then.
"Show me just what Mohammed brought that was new, and there you will find things only evil and inhuman, such as his command to spread by the sword the faith he preached." - Manuel II Palelologus
This will likely end up in the SCOTUS.
"Show me just what Mohammed brought that was new, and there you will find things only evil and inhuman, such as his command to spread by the sword the faith he preached." - Manuel II Palelologus
Does that mean NY can send petitions to remove Hillary because she is actually a man?
His plans for a recall drive began the day Walberg was elected in November, he said. The effort could not begin until July, however, because state law requires a targeted official be in office at least six months before a recall can be attempted.
Another election that didn’t go the liberals way...
"Show me just what Mohammed brought that was new, and there you will find things only evil and inhuman, such as his command to spread by the sword the faith he preached." - Manuel II Palelologus
Can we say, Sore Loser.
what scares me more than the petition and the loony left is the Sec. of State ain’t got the brains to tell these fools that they cant do it.
So lets reelect him. That will show them. I live in Eaton County.
“LIBERAL Jackson County”
BWAHAHAHAHHAAAAA! Oh my, my sides are hurting! WWWHOOOWAAAAA!
For a second there are I though you were serious! Wow... almost had me going there!
Well, come to think of it, we do have a few token liberals, but Adrian, they mostly stick to the college campus....
Liberal... jeez... wow, that’s sooooo funny!!!
“Except that when there is no provision in the Constitution, such as a recall, the 10th Amendment clearly delegates those powers to the State.”
So, the courts err’d when they ruled that term limits could not be imposed by states on their US reps / senators?
In my opinion, yes.
BWAHAHAHAHHAAAAA! Oh my, my sides are hurting! WWWHOOOWAAAAA!
For a second there are I though you were serious! Wow... almost had me going there!
Well, come to think of it, we do have a few token liberals, but Adrian, they mostly stick to the college campus....
Liberal... jeez... wow, thats sooooo funny!!!
LOL Apparently I was mistaken...was going by the relatives I have living there. I was reading the editorials from the Jackson paper and probably got the wrong impression. ;)
Grass Lake, in very western Jackson County, has Ann Arbor overflow.
However, with few exceptions, this place is the counterbalance to San Francisco. I live near Spring Arbor, and coffee gatherings here make Rush Limbaugh look like a moderate.
queenkathy: ...Carr's outrage also is selective. He did not seek a recall of former Rep. Joe Schwarz, who also voted to support Iraq military operations. Furthermore, Carr said he'd planned his action as soon as Walberg was elected in November. Since Walberg did not take office until January, Carr's filing was not based on the congressman's actions but on anti-Walberg feelings... [Carr] filed a similar petition a decade ago against then-Rep. Nick Smith...Thanks queenkathy.
Lenawee County/Anyway County...That’s what I always heard..and I believe it more everyday.
Still 50,000 votes in 90 days sounds like a lot. The fact that he started this on the DAY Walberg was elected should be a BIG sign that it isn’t how Tim VOTED, but just a sour-grapes act.
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