APRIL 16, 2009

Legislation being drafted to put process in place

Secretary of State Terri Lynn Land is proposing legislation to establish procedures for a possible Constitutional Convention, a move that prepares Michigan if next year voters call for one.

Voters decide every 16 years whether a convention will be convened to revise Michigan's Constitution. The question will be on the Nov. 2, 2010 general election ballot. While minor provisions regarding a convention remain in law, procedures for electing delegates and convening a convention were repealed in 1967. Land's proposal ensures that a process is in place should the ballot question be approved.

"A recent pattern of attempts to amend sections of the constitution indicates a strong possibility of calling for a convention," Land said. "Establishing a process ahead of time lays the groundwork for an effective, well-run convention if one is needed."

Under the constitution's provisions, the convention would begin work in 2011. It would consist of 148 delegates -- one from each state Senate and state House district. State legislators currently in office are precluded from serving as delegates.

In general, Land's legislation:

• Requires convention delegates to be U.S. citizens and qualified electors of the delegate district.
• Sets the primary election date for delegate candidates on the regular February election date, and the general election on the regular May date.
• Establishes delegate nominating petition or filing fee procedures similar to those for state senators and representatives. Candidate write-in and withdrawal procedures also are included.
• Requires the convention to convene at noon on the second Tuesday in July 2011. The convention continues until its final adjournment.
• Makes the term of office for delegates coincide with the convention, regardless of boundary changes resulting from any potential redistricting.
• Requires the Secretary of State to call the convention to order and preside over it until a convention president is elected.
• Specifies that when vacancies occur due to resignation or other reasons, the governor must appoint a resident of the same district and political party as the delegate who is vacating the position.
• Requires a two-thirds vote by the entire delegation to remove a delegate from office. It also establishes recount and recall provisions similar to those for state senators and representatives.
• Compensates the president and delegates with mileage reimbursement for one round trip per week when the convention is in session.
• Puts delegates and committees under Michigan's Campaign Finance Act. Contribution limits are similar to those for state lawmakers within appropriate timelines. It also puts delegates under the Lobby Act as lobbyable public officials.

Land will work with lawmakers to have the legislation introduced once drafting is completed.

Michigan has adopted four constitutions, the last being in 1963. The requirement for a Constitutional Convention ballot question every 16 years is part of the 1963 constitution. The question was on the 1978 and 1994 ballots. It was rejected both times.