GOP stripping power of incumbents in lame-duck sessions

[Brubear]

So we saw the North Carolina GOP stage a blatant power-grab in North Carolina after losing the governorship to the Democrats. Now we have the GOP in both Michigan and Wisconsin using the lame-duck session to strip power from the incoming Democrats that just beat out the GOP for the positions they previously held. I keep hearing people saying things like "both parties are just as corrupt", yet we haven't really seen anything this bad pulled by the Dems when losing positions to the GOP.

Michigan:
https://www.detroitnews.com/story/ne...te/2150818002/

With Democrats set to take over top statewide offices next year, Michigan Republicans are considering proposals that would allow the Legislature to intervene in legal battles and shift oversight of the state’s campaign finance law to a new commission.

The lame-duck power plays would limit the power of Gov.-elect Gretchen Whitmer, Attorney General Dana Nessel and Secretary of State Jocelyn Benson. Democrats have not held all three posts since 1990.

A House bill introduced Thursday by state Rep. Rob VerHeulen, R-Walker, and quickly praised by Republican leaders seeks to guarantee the GOP-led Legislature could intervene in legal battles involving state laws that Democrats may be hesitant to defend.

A separate proposal from Sen. Dave Robertson, R-Grand Blanc, would shift oversight of the Michigan Campaign Finance Act from the Secretary of State’s Office to a newly proposed “fair political practices commission.”

Verheulen denied his bill would supplant the authority of the attorney general, though it likely would give the Legislature a voice in ensuring the rationales for laws the House and Senate passed get defended in court.

"More and more public policy arguments are being made in the courts rather than in the legislative chambers, and I think there may be occasions where the House or the Senate or both want to simply express their view before the court," said VerHeulen.

Nessel, in her winning campaign for attorney general, said she may not defend state laws she views as unconstitutional, including a 2015 law that allows faith-based adoption agencies to decline working with gay residents. Same-sex couples have sued the state over the law, and the litigation remains in court.

First reported by Gongwer News Service, the bill would let the Legislature intervene in any court case to protect the rights and interests of the state or Legislature. It would give the state House and state Senate the right to take any action that other parties to the litigation have, including prosecuting an appeal and applying for a re-hearing.

The courts currently can allow the Legislature to weigh in on cases, but judges are not required to do so, VerHeulen said. Utah recently passed a similar bill, he said.

The expected legislation drew an immediate rebuke from Nessel's camp.

The attorney general-elect opposes and is "deeply concerned and troubled" by the legislation, which apparently aims to "undermine the role of the state's attorney general," said Kelly Rossman-McKinney, communications director for Nessel's transition team, in a statement.

"Those legislators pushing this law should be reminded that the people elect their attorneys general and their governors and such a proposal — should it pass — would have a dramatic and disastrous impact on the state of Michigan and its residents for years to come," Rossman-McKinney said.

Benson will be the state’s first Democratic secretary of state since 1994, but Robertson’s proposal would strip her office of a key responsibility by creating a new commission to oversee campaign finance laws.

Similar to the Federal Election Commission, the new state panel would include three members from each major political party, as appointed by the governor after recommendations from the Michigan Republican Party and Michigan Democratic Party.

A message seeking comment on the proposal was left with Robertson’s office. Amber McCann, a spokeswoman for GOP Senate Majority Leader Arlan Meekhof, said Republicans will likely discuss the measure in caucus next week.

Benson is a "national-known election and campaign finance law expert" who was elected by voters looking for a fair and transparent democracy, said Liz Boyd, Benson's transition team director.

"Legislative Republicans are now trying to thwart the will of the voters with bills that ignore their voices, (defy) history and will make Michigan a national punch line by effectively ending enforcement of the campaign finance laws they are required to abide by," Boyd said in a statement. "It's shameful."

A longstanding Michigan law gives the attorney general the authority to intervene in any civil or criminal case “when in his own judgment the interests of the state require it” but does not give special privileges to legislators, who can ask judges to intervene in cases but are not guaranteed the right.

But the Legislature can compel the attorney general to defend the state in certain cases, VerHeulen said, arguing his bill would give the Legislature an independent voice in those proceedings.

"It's simply a means by which the legislative branch can express itself in the judicial body," he said.

Whitmer's gubernatorial transition team did not directly comment on the bill but is "monitoring all pending legislation during lame duck as part of an overall effort to ensure the governor-elect is prepared to assume office on Jan. 1," said spokeswoman Clare Liening.

Republican legislators this month were thwarted in their attempt to intervene in a lawsuit challenging the recent repeal of the state’s prevailing wage law for construction workers. In a Nov. 9 ruling, Court of Claims Judge Cynthia Stevens denied GOP Rep. Jason Wentworth of Clare and the Republican Senate Caucus permission to join the case.

The GOP sought to intervene to explain the Legislature's "rules and processes." But the challenges were on the constitutionality of legislation and the legislative procedure used to enact the repeal, Stephens wrote. Because plaintiffs did not allege any “improper action” on the part of the caucus, she denied the caucus' motion to intervene.

In an appeal of Stevens' denial Monday, Wentworth's lawyer said the newly elected, union-backed Democratic governor and attorney general might "lay down their swords" rather than defend the Legislature's processes.

Since the governor and Legislature will be from opposing parties, "not only is the executive branch ill-suited to defend the Legislature's processes, but it will have a strong incentive to diminish the Legislature's control...," the motion read.

House Speaker Tom Leonard, the DeWitt Republican who lost the attorney general's race by 3 percentage points to Nessel, called the bill "good government reform."

"If something had happened and both chambers had gone Democrat in the last election and had I won the attorney general race, I would still support this because it gives the people of the state of Michigan a stronger voice," Leonard said.

Republicans held on to control of the House and Senate in the November election despite losing several seats in each chamber.

Meekhof, R-West Olive, said he is “open to” the legal intervention proposal, noting the state does not have an independent counsel statute allowing for expanded investigations.

“Maybe (the Legislature) would have to provide some evidence to a court to be able to expand different things that they’re already working and maybe have to do more,” Meekhof said. “I think there are a lot of things the Legislature could do to be helpful.”

Michigan House Democrats in a statement called the legislation "a shameful power grab" that undercuts the authority of the attorney general.

"It threatens the separation of powers, wastes taxpayer dollars, and raises a number of constitutional questions about legislator standing," said Samantha Hart, a spokeswoman for the House Democrats.

Republicans have controlled the offices of secretary of state and attorney general since the 2002 election. Democrats last held the governor's office in 2010 under Jennifer Granholm.

When Democrats Whitmer, Nessel and Jocelyn Benson take office on Jan. 1, 2019, it will mark the first time in 28 years that Democrats have controlled the offices of governor, attorney and secretary of state at the same time.

Wisconsin:
https://www.jsonline.com/story/news/...ry/2162684002/

Republican lawmakers are seeking to limit voter turnout and want to take away key powers from the incoming Democratic governor and attorney general before GOP Gov. Scott Walker leaves office in January.

The sweeping plan — to be taken up Tuesday — would remove Gov.-elect Tony Evers' power to approve major actions by Attorney General-elect Josh Kaul and give that authority to Republican lawmakers.

That could mean the campaign promise made by Evers and Kaul to immediately withdraw Wisconsin from a federal lawsuit to overturn the Affordable Care Act would likely be blocked.

A hearing that could stretch into the night is slated for 12:30 p.m. Monday before the Legislature's Joint Finance Committee. The two houses are expected to meet Tuesday to pass at least parts of their plan.

The 141-page plan goes further than what Senate Majority Leader Scott Fitzgerald and Assembly Speaker Robin Vos suggested lawmakers would take up during the so-called lame-duck legislative session before Evers takes office.

"It’s real kind of inside baseball, kind of legislative stuff that it’s hard for me to believe people will get too excited about," Fitzgerald said three days before the plan was released.

But among the proposals are ones to limit the governor's powers, weaken the attorney general and restrict early voting to two weeks before an election. Currently, some communities provide as many as six weeks of early voting.

The early voting plan would be all but certain to draw a legal challenge given that a federal judge in 2016 struck down a similar law limiting early voting that he found "intentionally discriminates on the basis of race."

The measures would strip many powers from Kaul and eliminate a powerful office within the Department of Justice that was created in 2015 under Republican Attorney General Brad Schimel and handles high-profile cases on appeal.

Lawmakers are also considering separating the 2020 presidential primary election from an April spring election to reduce voter turnout in an effort to boost the election chances of a conservative Supreme Court justice. In another proposal, lawmakers will consider using new revenue from online sales taxes to slightly reduce the individual income tax rate.

"Wisconsin law, written by the Legislature and signed into law by a governor, should not be erased by the potential political maneuvering of the executive branch," Fitzgerald and Vos said in a statement about the slate of measures. "In order to find common ground, everyone must be at the table."

But Evers and Kaul said Republicans were ignoring the voters who elected them just three weeks ago.

"I’ve said all along I’m committed to working across the aisle, but I will not tolerate attempts to violate our constitutional checks and balances and separation of powers by people who are desperate to cling to control. Enough is enough," Evers said in a statement.

'It's a tantrum because Scott Walker lost'

Democrats said Republicans were throwing a fit following the defeat of Walker and Schimel.

"It's clear they're out to try to cripple the incoming governor and attorney general as best they can," said Sen. Jon Erpenbach, a Middleton Democrat on the Legislature's finance committee. "It's a tantrum because Scott Walker lost. It's frustrating because they're not even giving Tony Evers a chance to be governor."

The legislation is wide-ranging and would limit Evers’ power in a host of ways. His agencies would have less freedom to run their programs. He would not be able to ban guns from the state Capitol without the OK of lawmakers.

The power of the incoming attorney general also would be greatly diminished.

The Legislature — not the attorney general — would have control of how to spend money from court settlements. The recently created office of the solicitor general, which oversees high-profile litigation, would be eliminated.

Legislators would gain the power to intervene in any litigation when a state law is challenged, and they would have the ability to appoint their own private attorneys — at taxpayer expense — to handle the case instead of the attorney general.

“This bill is a full-employment bill for Republican law firms,” said Madison attorney Lester Pines, who often defends Democrats. “It will drive up the cost through the roof.”

Legislators would also have the ability to sign off on court settlements.

In another change that has broad implications for the lawsuit over the Affordable Care Act, the Legislature’s budget committee — rather than the governor —would get to decide whether to continue or drop legal actions.

Covering pre-existing conditions
Even as they are making it harder to get out of the Obamacare lawsuit, Republicans are planning to pass a bill that would protect coverage of pre-existing conditions. Democrats said that legislation was inadequate because the protections would not go as far as the ones in Obamacare.

The proposals also include provisions aimed at protecting past measures they have already approved. One would compel Evers to implement a work requirement for some in the BadgerCare Plus health care program. Others would make it tougher for Evers to change rules affecting the state’s voter ID law or alter a new program to keep premiums down for people who get insurance through Obamacare’s marketplace for individuals.

The governor also would no longer be able to choose who leads the Wisconsin Economic Development Corp., which oversees taxpayer-funded incentive packages provided to businesses in exchange for job creation.

Lawmakers would have more control over the jobs agency, which Evers has promised to disband and replace with a state Commerce Department. The WEDC board would choose the agency's leader instead of the governor.

“Our state must stay open for business," Fitzgerald and Vos said. "WEDC, our economic development agency, must continue to have the ability to help spur job creation and business opportunities without fear of being shut down."

Senate Minority Leader Jennifer Shilling and Assembly Minority Leader Gordon Hintz also could appoint one member each to the board, and Evers' appointments would be unchanged at six members.

Walker has shown support for some of the plans but has not said what he thinks of others. His aides did not say whether Walker backed the limits on early voting or other measures that came to light Friday.

Evers did not comment on the plans, but incoming Democratic Lt. Gov. Mandela Barnes said the plan "is the path of most resistance."

Here’s a concept. Instead of fixing the rules to maintain power, try listening to and respecting the will of the people. It’s a more sustainable approach.

This is the path of most resistance. It’s the dysfunction people just said no to a few weeks ago.

"It’s the dysfunction people just said no to a few weeks ago," Barnes said on Twitter.

The Republican legislative leaders said theirs is "the most representative branch in government and we will not stop being a strong voice for our constituents.”

They are literally re-writing the rules when they lose to hold onto as much power as they possibly can.

[Fugus]

North Carolina Supreme Court overturned this crap here. HOPEFULLY, theirs do the same.

It is very telling just how fucked up the Republican party is watching the last 10 years play out.

[pathora44]

The mottos of the Republican party have been for years "party over country" and "power above all". They are destroying our government for short term power grabs. Suppressing voters through gerrymandering and voter purging, expanding powers while in control to then strip said powers when the control is taken. The Republican party needs to be disbanded they are a danger to this country.

[Paranoid Android]

It's so obvious that one party who doesn't want to lose elections democratically, will now do everything they possibly can to stop democracy.

[Breccia]

I love the part about Michigan. Why Detroit, of all places, would want the status quo to continue is beyond me.

[Adam Jensen]

If I had my way, lame-duck sessions would not be allowed to make policy changes or do anything other than necessary emergency authorizations (like if there was a wildfire they could convene to authorize an emergency response or something) in order to stop them from doing shit like this.

But I don't have my way, so we'll just have to deal with the GOP being a bunch of assholes.

[Jaransan]

If I had my way, lame-duck sessions would not be allowed to make policy changes or do anything other than necessary emergency authorizations (like if there was a wildfire they could convene to authorize an emergency response or something) in order to stop them from doing shit like this.

But I don't have my way, so we'll just have to deal with the GOP being a bunch of assholes.

Truth is, as much as Democrats and Republicans both have their fair share of selfish bullshit tendencies, at least Democrats have enough people who actually care, and are competent enough at at least pretending not to be beholden to their financial backers. By contrast the Republican party has started to reach moustache twirling levels of evil that - as a foreigner - frankly blows my little Canadian mind.

Really, I think the Dems problem is, they just aren't willing to get mean about it. They don't wanna go out of their way to strangle the other party, or screw them in any way. Democrats apparently just care more about the spirit of fairness and cooperation than Republicans seem to.

[Toppy]

Truth is, as much as Democrats and Republicans both have their fair share of selfish bullshit tendencies, at least Democrats have enough people who actually care, and are competent enough at at least pretending not to be beholden to their financial backers. By contrast the Republican party has started to reach moustache twirling levels of evil that - as a foreigner - frankly blows my little Canadian mind.

Really, I think the Dems problem is, they just aren't willing to get mean about it. They don't wanna go out of their way to strangle the other party, or screw them in any way. Democrats apparently just care more about the spirit of fairness and cooperation than Republicans seem to.

So you're saying the fault of the republicans is that they stoop to low levels and discredit themselves by doing such.

And likewise that the problem with the dems is that they arent willing to stoop to those same levels?

"Both sides" indeed.

[Jaransan]

So you're saying the fault of the republicans is that they stoop to low levels and discredit themselves by doing such.

And likewise that the problem with the dems is that they arent willing to stoop to those same levels?

"Both sides" indeed.

Well I'm not really saying I'd LIKE the Democrats to sink that low. But you have to admit that its like showing up to honorable combat, except your opponent brought firearms and your just expecting a fist fight. Obviously your opponent is the cunt in that scenario - but fuck it'd be nice to have a gun once you realize the stakes right?

Believe me, I didn't mean to come across as 'both sides are bad'. While its obvious from an outside point of view that American politics is literally just big money whipping back and forth, Democrats at the very least lay claim to, and mostly try to adhere to, a set of morals that match the modern age - instead of the weird, diehard 1960s worldview Republicans seem to have.

[Brubear]

Well I'm not really saying I'd LIKE the Democrats to sink that low. But you have to admit that its like showing up to honorable combat, except your opponent brought firearms and your just expecting a fist fight. Obviously your opponent is the cunt in that scenario - but fuck it'd be nice to have a gun once you realize the stakes right?

Believe me, I didn't mean to come across as 'both sides are bad'. While its obvious from an outside point of view that American politics is literally just big money whipping back and forth, Democrats at the very least lay claim to, and mostly try to adhere to, a set of morals that match the modern age - instead of the weird, diehard 1960s worldview Republicans seem to have.

That's part of the problem, though. The GOP has gerrymandering things so badly that the Dems need to appeal to moderates/center-right voters just to win seats in some states/the states demographics require it (see: Florida and Georgia this year, senate elections in Montana/Indiana/North Dakota). If they stoop to that level then those fickle moderates/center-right voters vote for the GOP because "Dems are horrible for stooping to such levels" even though it's exactly what the GOP has been doing. It really is a sort of damned either way situation in those states, because they can either keep taking the high ground and losing because the GOP is playing dirty, or follow their lead and barely lose because those centrists have blinders for when the GOP uses the same tactics.

The damage done by the GOP in the 2010 census combined with the rise of the Ryan and the Tea Party screwed the political system in a way this is very, very hard to recover from. If the Dems aren't able to retake even more state legislatures/voters aren't able to force through even more anti-gerrymandering/non-partisan redistricting measures in 2020 things will become a lot worse in states the GOP controls.

[Rasulis]

That's part of the problem, though. The GOP has gerrymandering things so badly that the Dems need to appeal to moderates/center-right voters just to win seats in some states/the states demographics require it (see: Florida and Georgia this year, senate elections in Montana/Indiana/North Dakota). If they stoop to that level then those fickle moderates/center-right voters vote for the GOP because "Dems are horrible for stooping to such levels" even though it's exactly what the GOP has been doing. It really is a sort of damned either way situation in those states, because they can either keep taking the high ground and losing because the GOP is playing dirty, or follow their lead and barely lose because those centrists have blinders for when the GOP uses the same tactics.

The damage done by the GOP in the 2010 census combined with the rise of the Ryan and the Tea Party screwed the political system in a way this is very, very hard to recover from. If the Dems aren't able to retake even more state legislatures/voters aren't able to force through even more anti-gerrymandering/non-partisan redistricting measures in 2020 things will become a lot worse in states the GOP controls.

There is hope. Four states passed anti-gerrymandering initiatives.

Colorado’s Amendments Y and Z will create two multi-partisan commissions to lead the state and federal redistricting processes. Each commission will have four Republicans, four Democrats, and four people unaffiliated with either party. The Amendments set out map-drawing criteria the commissioners must follow, including keeping communities of interest together, maximizing the number of competitive congressional seats to the extent possible, and not diluting the electoral influence of any racial or ethnic group.

Michigan Proposition 2 will amend the state Constitution to create an independent citizen redistricting commission to draw both Congressional and state legislative lines.

Missouri Amendment 1 will ask a nonpartisan expert, recommended by the state auditor and agreed upon by the majority and minority leaders of the state senate, to draw legislative district maps. A citizen commission will review, amend, and approve the maps.

Utah will create an independent redistricting commission appointed by the governor and state legislative leadership. When drawing the maps, the commission must adhere to standards such as keeping communities of interest together and not using incumbent addresses and partisan data.


Also, Florida Amendment 4 which restores voting rights to felons who have completed their sentences will make a big difference in 2020.

[Brubear]

There is hope. Four states passed anti-gerrymandering initiatives.

Colorado’s Amendments Y and Z will create two multi-partisan commissions to lead the state and federal redistricting processes. Each commission will have four Republicans, four Democrats, and four people unaffiliated with either party. The Amendments set out map-drawing criteria the commissioners must follow, including keeping communities of interest together, maximizing the number of competitive congressional seats to the extent possible, and not diluting the electoral influence of any racial or ethnic group.

Michigan Proposition 2 will amend the state Constitution to create an independent citizen redistricting commission to draw both Congressional and state legislative lines.

Missouri Amendment 1 will ask a nonpartisan expert, recommended by the state auditor and agreed upon by the majority and minority leaders of the state senate, to draw legislative district maps. A citizen commission will review, amend, and approve the maps.

Utah will create an independent redistricting commission appointed by the governor and state legislative leadership. When drawing the maps, the commission must adhere to standards such as keeping communities of interest together and not using incumbent addresses and partisan data.


Also, Florida Amendment 4 which restores voting rights to felons who have completed their sentences will make a big difference in 2020.

I'm not as confident in the Utah measure. As a former resident I've been following the midterm and, after seeing what the legislature is doing with Prop 2 at the behest of the LDS church and other lobbyists I would not be at all surprised to see them pull something similar to neuter Prop 4 in some way.

[Lynarii]

I'm not as confident in the Utah measure. As a former resident I've been following the midterm and, after seeing what the legislature is doing with Prop 2 at the behest of the LDS church and other lobbyists I would not be at all surprised to see them pull something similar to neuter Prop 4 in some way.

Isn't Utah really really red, even without gerrymandering? Gerrymandering is a trick to favor the minority over the majority, Republicans are a clear majority there.

[Edge-]

Isn't Utah really really red, even without gerrymandering? Gerrymandering is a trick to favor the minority over the majority, Republicans are a clear majority there.

Because if you engage in gerrymandering you can make sure that you remain in the clear majority.

[Masark]

Isn't Utah really really red, even without gerrymandering? Gerrymandering is a trick to favor the minority over the majority, Republicans are a clear majority there.

It can still be used to turn a certain victory into a shutout, especially if the opposition's support is geographically concentrated (e.g. in cities).

[Lynarii]

Because if you engage in gerrymandering you can make sure that you remain in the clear majority.

Okay, I have to take back everything I was about to say. Doing some research, it looks like Utah has been engaging in some serious gerrymandering just to try and kick out a single Democrat that got elected a while ago. And their anti-gerrymandering law lacks teeth. It establishes a group of people to draw fairer maps, in theory, but the Republicans get to decide who is in the group, and can decide not to follow anything the group comes out with if it's /too/ fair.

If anything, they might not screw with the law because it's a toothless law that only makes it look like they're playing fair, without actually improving anything.

[Zaydin]

Doubly disgusting that they are both pulling this crap and could get away with it. It's a blatant power grab and no one should be okay with this.

[Fugus]

Doubly disgusting that they are both pulling this crap and could get away with it. It's a blatant power grab and no one should be okay with this.

When they tried that in NC, the Supreme Court overturned it. Hopefully their Supreme Courts have at least that level of ethics themselves.

[Zaydin]

When they tried that in NC, the Supreme Court overturned it. Hopefully their Supreme Courts have at least that level of ethics themselves.

IIRC, it overturned most of the laws but not all of them.

[Fugus]

IIRC, it overturned most of the laws but not all of them.

From what I know, it overturned them stripping Cooper of his power. The Supreme Court ruled it all unlawful and reversed it.

Which was why they tried getting them passed through amendments this election. And all of them failed accept the BS Voter ID laws.