Mitchell Forms Ballot Committee To Cap Whitmer’s Powers

By Laina G. Stebbins, Michigan Advance

As tensions — and lawsuits — continue to mount between Democratic Gov. Gretchen Whitmer and the state’s GOP-controlled state Legislature over Whitmer’s COVID-19 response, one Michigan congressman is taking another shot at dealing with the matter on his own terms.

U.S. Rep Paul Mitchell (R-Dryden) first filed a federal lawsuit against Whitmer on May 4 over her use of emergency powers to curb COVID-19. Then, on Monday, Mitchell launched a ballot campaign aimed at limiting Whitmer’s powers permanently.

Mitchell was elected in 2016 and is not running for re-election.

Mitchell’s “Say Yes to MI Constitution” ballot committee seeks to establish a law that would limit and clarify the governor’s emergency powers. If the committee collects the required number of signatures, the ballot proposal could get approved by the state Legislature and become law without input from Whitmer.

Mitchell’s individual actions against Whitmer now mirror those of GOP leadership.

On May 4, Senate Majority Leader Mike Shirkey (R-Clarklake) said in a radio interview that a ballot initiative to curb Whitmer’s emergency powers is “the number one priority right now,” but did not give specifics on when that process would begin. Two days later, Shirkey and House Speaker Lee Chatfield (R-Levering) filed a Court of Claims lawsuit against the governor that will likely end up in the Michigan Supreme Court.

For the initiative petition process in either Shirkey’s or Mitchell’s case, more than 340,000 signatures would need to be collected. Usually, the deadline for reaching that number of signatures in time for the measure to be placed on the 2020 ballot would be the end of May.

It generally takes several months to collect that number of signatures.

“Michiganders elect members of the Legislature to represent them in our government,” Mitchell said in a statement Monday. “Unfortunately, Gov. Whitmer is misusing her powers to rewrite laws, court decisions and insists she can dial up these powers whenever she sees fit.

“That is not the way our Michigan Constitution works and I am forming this ballot committee to make that crystal clear.”

Mitchell said he will soon announce names of individuals who will be in charge of leading the petition effort and determining the ballot language.

In Mitchell’s federal lawsuit against Whitmer earlier this month, Mitchell argued that her emergency actions have violated his constitutional rights and the separation of powers in state government.

Despite lawsuits lodged by Mitchell, GOP leadership and others against Whitmer that claim she is violating state laws with her COVID-19 emergency response, many legal experts in Michigan have asserted that the two emergency laws from 1945 and 1976 give Whitmer all the power she needs.

Another conservative protest against Whitmer’s orders is scheduled for Thursday in Lansing. The state House and Senate will both meet that day, but it is so far unclear whether votes and attendance will be taken.