I'm Michael Barr I'm the Joan and Sanford Weill Dean of the Gerald R Ford School of Public Policy it is my great honor and pleasure to be with you this afternoon and to welcome you to the Ford school for this really fantastic conversation today's policy talks at the Ford school event is hosted by the Center for local state and urban policy known as close-up welcome as well to our online viewers and our thanks to Detroit Public Television WTBS for their partnership in making today's event available to voters throughout the state of Michigan our state faces a big day in just under a month among the important issues Michigan voters will decide on November 6th our two key ballot initiatives one proposal addresses who essentially draws and how our congressional districts are drawn and another one would amend the state constitution around voting eligibility and other requirements to help us better understand the pros and the cons of these proposals Ford school emeritus professor John Chamberlin has assembled today's expert panel like you just to start by helping me thank John for making this happen full bios for our speakers are in your printed program and John is going to say a bit more about each one of them in just a moment so please just join me for now in welcoming Nancy Wang Sharon delante Richard McClelland and Christopher Thomas we're gonna follow our usual Ford school format after John and the panelists do their work together we're going to open it up to the audience and the way you ask questions is by writing your questions on a note card there'll be a staff member coming around to pick them up they'll bring them to the front and we have a wonderful student team who's going to sort through them and make sure that they get asked here to this terrific panel I'm closed up program manager Tom Ivanko is going to help the Ford School students do that if you are watching or listening online you can also send your questions in via twitter with the hashtag policytalks with that let me turn things over to John and ask him to come up to the podium and really look forward to the event we're gonna have today thank you very much Thank You Dean bar and welcome to our audience here in Annenberg auditorium it to those of you watching the live streams of today's event either on Detroit Public TV or on the Ford school website before we begin I'd like to acknowledge and thank supporters and sponsors of today's policy talks at the Ford school the Center for local state and urban policy in the Ford school the department of political science at the College of LSN a the U of M Alumni Association the OEM student group we listen and the Ford school student group the domestic policy Corps and the League of Women Voters of the Ann Arbor area today's panel is entitled electoral reform by a ballot initiatives as most of you already know citizens of Michigan can place before voters proposed amendments to the Michigan Constitution to do so they must gather at least favored house discussing two such proposals that will appear on the November 6 ballot proposal to will if approved by voters amend the Constitution to provide for an independent redistricting commission that will be responsible for drawing new congressional and state legislative districts following each decennial census proposal 3 will if approved by voters amend the Constitution to make voter registration and voting easier for citizens including automatic and election day registration no reason absentee ballots and the option of straight ticket voting your program contains the ballot wording for each of these proposals in addition there are several handouts that provide additional information that was available as you came in and now the requisite request that you've checked your cell phones and turn them off so that we can proceed uninterrupted by phone calls I'd now like to introduce our panelists to my direct left is Richard McClelland a graduate of Michigan State and Michigan law school who's practiced law in Michigan for nearly 50 years or maybe 50 years in a little bit 50 here his circuit advisory capacities to mission government Michigan governor's Milliken angler and Schneider and his legal practices included extensive representation of political candidates political action committees ballot question campaigns super PACs and 401 C reasons for believing that proposal 2 is not good for Michigan and also offers some comments about proposal 3 next to him is Nancy Wang the board chair for voters not politicians the group that spearheaded the drive to place proposal Nancy graduated from the college of engineering at U of M and the Michigan law school practice environmental law and she's going to argue in favor of proposal 2 next to her is Sharon delante the voting rights strategist for the ACLU of Michigan one of the lead partners in the promote the vote drive that was backed by more than a dozen organizations and that led to proposal three being on the ballot sherrod is a graduate of the Ford school and the Michigan law school and will argue in favor of proposal 3 and on the far end Christopher Thomas is the former elections director the state of Michigan a post he held for 36 years he graduated from MSU and the Thomas Cooley School of Law he was twice elected president of the National Association of state election directors and in 2012 received that Association's Distinguished Service Award in 2013 he was appointed by perfet President Barack Obama to the Presidential Commission on election administration Chris will offer comments on both of these proposals that we're talking about today now that you know a bit more about today's panelists let's begin with Nancy Wang thank you so much before we begin I'd like to just take a quick survey to see how many people in the audience know have heard about voters not politicians before today I see a lot of familiar faces okay great I just like to thank the Ford school and close up for this opportunity our research shows that our biggest challenge now 29 days before Election Day is not the policy but rather just people knowing about it so I really really welcome and appreciate this opportunity to talk about proposal to as John mentioned I am the board chair of voters not politicians we are a group of ordinary citizens who got together and responded to a Facebook post that our founder Katie Fahey put up in November of 2016 so I've been volunteering I and 4,000 other Michiganders have been volunteering for voters not politicians now and I'm still a volunteer what we wanted to do was we wanted to get together we knew that gerrymandering was a huge problem in Michigan it's one of the worst gerrymandered states in the country and we wanted to find a non partisan solution that would work for voters not politicians hence our name and you might have heard a little bit about our activities when we were out collecting petition signatures we were able to collect 428 thousand signatures in just over a hundred days from all 83 counties and it was all done by volunteers which is incredible but also it was out of necessity because we are completely grassroots and self-funded and so but it worked out really well and now we have a proposal on the ballot so the problem I'll start with the problem like I said Michigan is one of the top three most gerrymandered states in the country and it's not a group that we want to you know be a part of you guys might have heard of Gil V Whitford which went up to the US Supreme Court this past term that is a case that challenged Wisconsin's district maps on the basis of partisan bias Michigan's maps are actually more biased than Wisconsin's and the the process of how it works here in Michigan is that our legislatures the state legislature gets to draw its own maps for its own election district so you know the state reps and state senators they get to draw the maps for their own districts as well as the congressional districts obviously that's a huge conflict of interest if they draw the maps one way they can basically guarantee that the district will be a safe Republican or a safe democratic district and the reason they can do that is because of the the vast amount of data that's available today you know you're not just your voting history but your income and even you know Facebook and all of that is available as well as really sophisticated computer programs and really fast computers that can draw you know tens of thousands of maps in the space of a minute and so what what the legislature has been doing and you don't have to take my word for it I'm really appreciative of the the media actually in the state's been covering gerrymandering Michigan really really well and so for example Bridge magazine has put out a bunch of articles that have really gone in depth and and and what you know examining what the problem is and I've asked the Ford school to attach one of their articles as part of this packet that's available to you and you know there's what the evidence shows there's emails there's witness testimony now because the League of Women Voters is a plaintiff in a case and they're challenging Michigan's maps just like that Wisconsin case and they've uncovered all these emails that show exactly you know why Michigan's maps are so skewed and it's because the Republican Party which happens to be in power right now and they control the map drawing process in 2011 they gave a million dollars to a group that has no staff has no offices just a Pio box that group paid a consultants to sit in a dark you know in a I know about dark but to sit in secret and draw maps that favor the Republican Party as much as possible and there's emails that say okay you know this is great we have a strong 9 to 5 result and that'll endure from 2012 and beyond 9 to Republican current congressional representatives so we in Michigan have send to DC nine of them are Republican and five of them are Democrat and this is despite the fact that in 2012 2014 and 2016 in the federal races that Republicans candidates actually won less than 50 percent of the vote from Michigan voters so why this matters it matters because the politicians are picking their voters not the other way around these maps are so they're drawn so well I guess you could say that it enshrines a you know it embeds a party advantage again despite election outcomes so there's nothing that you know there's nothing the voters can do so that's something in an argument that we hear a lot well you know to the victors go the spoils and if people really cared then they would just vote these politicians out and that is exactly the problem because these maps are so gerrymandered we can't vote the politicians out you know you're hearing things about a blue wave coming maybe in one in a million year maybe event for 4 million I don't know a large large portion of the electorate to shift parties for for these politicians to be unseated so what we see in elections is we see you know a lot of races go uncontested right or maybe you know the primaries are that's the race that that that matter we have politicians who are unaccountable to us no seats change hands between the parties and again all of this is very well documented so voters not politicians proposal - we seek to take the power of redistricting out of the politicians hands and put it into the voters hands this is not a new idea even in Michigan so right now in our 1963 Constitution there is an there is a independent Redistricting Commission that's written and it actually operated for three redistricting cycles it unfortunately it was ruled unconstitutional because it this is kind of getting a little bit into the weeds but it was allowed to draw districts that had different numbers of people in it and the Federal Constitution requires that you have districts that have equal population so that's the reason that that Commission no longer operates it's been ruled unconstitutional so what we would do actually is we would take away those constitutional infirmities we would re-establish an independent Redistricting citizens Commission in Michigan to draw the district lines so what we are the proposal and I encourage everyone to please you know if you have any questions there are a lot of volunteers actually from bottom photos not equalities right in the audience and they'll be happy happy to answer them me as well but the proposal on what it does is it takes the fundamental problem with politicians drawing their own lines out so politicians you can put safeguards in there but it's it's the fox guarding the hen house right it's it's it's too much at stake their own livelihoods at stake their own careers and the their parties that that hinge on whether they make the decision to draw this district you know around this community or if they break that into 40 parts so that they can get for you know really safe districts and so what this Mazal does is it takes the politicians out of the redistricting business again framers of our 1963 Constitution recognize that this is the better way to go that Commission was also citizens Commission six other states have citizens Commission's are operating already and what the research shows is that unsurprisingly Commission drawn districts are more fair they're more impartial and a hallmark of our proposal is that everything would be transparent so everything the Commission does from the selection process how they're selected the names in the Hat who got removed all of that would be made public all the deliberations of the Commission would be would be public they could only meet they would only be able to do business and open meetings there there you know the maps that they seek to adopt they'd have to go around the state and have ten at least ten public hearings to show the public you know what they're considering and to get input from the public and they have to accept also you know maps that are drawn by the public and and they would get public testimony about okay you know do these communities do these districts actually make sense or not do they are these actual communities in the real world as opposed to you know politically expedient ones like I said these Commission's are already operating in other states and they've been shown to be more fair that means you know one party doesn't get an advantage just because they got to draw the maps the number of seats that a party gets more accurately kind of drives with the number of votes they got all right is it's it's it just makes common sense the just the races are more competitive so they're actually you know new candidates that get into the into the races there are fewer uncontested races and they're more responsive so seats actually do change hands with a change in in the vote in voter sentiment and that's exactly what we are seeking to have again here in Michigan and so I want to take I have like one minute unfortunately but I wanted to kind of maybe address some of the more common arguments that we hear against the proposal number one that it's a bunch of amateurs you know and this is like a really technical process in fact the legislators right now like I said you know the evidence just shows that they outsource and they and there's a one quote in in a bridge article as well we outsource everything and then they outsource redistricting as well to experts and consultants and and that would that would be the same process that this commission would have available to it so we guaranteed them a budget and they could hire their experts to advise them and the big difference of course like I said before is that it would all be transparent you would know who they hired and what maps they were considering and why they rejected ones and then adopted other ones thank you I could talk all day happy to but unfortunately we have time limits Thank You Nancy now turn to Sharon delante who will talk about proposal three hi everyone thank you so much for welcoming me back to the Ford school yes I am the alumni on the panel here what I went here we did not have this beautiful room or this beautiful building so I appreciate very much being welcome back to enjoy the fruits of what has come after I graduated and I also just want to before I start I think as an alumni and also for the students in the room I see lots of students you know I just want to give you a second for how did I get here right like why I'm the voting rights strategist at the ACLU of Michigan and I just you know want to share for a minute like how does that come to be and any sir as I spent a lot of time protecting voters on election day I I spent a lot of time volunteering in different programs that seek to address challenges that voters have on Election Day I did that going back to the time that I graduated actually from here and was waiting for my bio results and I've done it in every election primary presidential midterm elections and so what that means is I hear a lot of noise and chaos of what happens on election day right I hear all the challenges well as many as I can possibly answer the phone of the challenges that voters are facing when they go to cast their ballot here in Michigan and so that really became the passion that led to me just really spending all of my time now at the ACLU working on voting rights so I'm here to talk about proposal 3 otherwise known as promote the vote we needed to have catchy names because you know proposal 3 proposal 2 it's not quite as exciting as these awesome names we've come up with so so so in my lifetime which is not necessary a plenty of folks on the panel who can talk outside of the scope of my lifetime voting rates and access to the ballot was a fundamental right that there you know while people could disagree perhaps to some degree about the mechanics there was this general consensus that people should be able to access the ballot that that we you know once we we passed the Voting Rights Act and we moved out of the civil rights era there was a there was more of a frame at least in my lifetime that people should be able to vote barriers to voting were on American right you shouldn't be erecting barriers to people being able to make their voices heard that the core of our democracy is citizens being able to make their voices heard on election day and so we had you know a series of of laws that were adopted nationally by Republicans and Democrats signed by you know legends signed by Democratic presidents and in in in these instances they expanded access to the bill so the things that I'm thinking of are the national voting and voter registration act in 1993 significantly increases access to voter registration in 2002 we have the help America Vote act adopted nationally again significantly addressing access issues ensuring that individuals are never turned away at the at the ballot box that that is the direct quote of the Sixth Circuit interpreting a law under the help America Vote Act no citizen should be turned away well you remember my story about how what I got here and how I've been listening to the stories of voters voters are turned away in every single election voters are turned away right here in Ann Arbor voters are turned away in the primary every election I talked to voters who were turned away at the ballot box sometimes I'm able to give them advice and send them back because it's before 8 o'clock and and they're able to resolve that situation but not always just in the primary I have individuals who were disenfranchised in violation of state and federal law so that concerns me every single if there's even one voter that concerns me that's how passionate I am about it so so so so we have this non partisan history of embracing access and then one of the things that you may not know is that Michigan in part due to this gentleman sitting next to me but others that I'll talk about was a pivotal state in expanding access so I spoke about the National Voter Registration Act the National Voter Registration Act is the is the law that nationally adopted the motor voter program that's the thing that everybody who's my age or younger is familiar with when you go to get your driver's license you're able to get registered well as others on the panel can definitely tell you it didn't used to be so easy you had to take the onus on yourself to show up at a different elected officials or appointed officials office and fill out a form it used to be much harder well guess where that amazing innovation that registered millions and millions and millions I see heads shaking nope the extraordinary impact of that innovation it started right here in Michigan so under the then Secretary of State Richard Austin and the gentleman to my left who will have an opportunity to talk more about this Michigan was the first day to adopt this innovation and it wasn't the only innovation that Michigan led on the second law that I mentioned was the help America Vote Act it has a very critical provision where it required states to have a statewide voter registration database so when you move around the state you can easily move your registration with you again an access a way to increase access a way to make sure that individuals are staying registered so they're never silenced at the ballot box that also was a national innovation that was adopted that began here in Michigan so Michigan has this extraordinary history as an innovator in so many areas technology the automobile industry but also in voting but unfortunately at some point that history came to a grinding halt and so sadly today Michigan and Mississippi are the only states that have failed to adopt any recent reforms that increase access to the ballot I just want you to I want to say that one more time Michigan and Mississippi are the only states in the country that have failed to adopt recent reforms to increase access to the ballot what do I mean by that name your favorite reform early voting no reason absentee voting pre-registration election day registration same-day registration online voter registration take your pick we're the only it's us and Mississippi and so what does that tell me that tells me actually that voting rights is still a very non partisan issue why because all the states in the country are finding ways to increase access and I've been saying that from day one on proposal three why is that because the citizens of this state and the rest of the country believe that voting access is a nonpartisan issue that access isn't is without question something that citizens who are eligible and meet the requirements of eligibility in our state and every other state should be able to cast their ballot elected officials may wrangle about it they may argue about it but that's not how the citizens feel and and so proposal three comes out of that very shocking statistic it comes out of that very shocking reality that Michigan has fallen behind I'm often asked why I'm not an elected official in the state legislature or the state Senate I'm not the governor I can't answer that question I think my time is better served trying to solve the problem so proposal three I have a half sheet if you want it here you can get a full summary of it the proposal three what would would adopt a number of amendments to our Constitution they're all in one section but a number of policies would be enshrined in the Constitution that would increase access and also increase security because citizens again across the political spectrum in a non-partisan way are also concerned about security and there are things that Michigan can and should be doing so the first thing that promote the vote does proposal three does is protect the right to a secret ballot there is language in the Constitution right now regarding a secret ballot but it entrusts the legislature with the authority to protect that I don't know about you all but I would rather have my own right to a secret ballot and not leave that to the legislature so proposal three would address that the second thing is proposal three would enshrine in the Constitution the requirement that military and overseas voters be sent to ballot forty-five days before this is mirroring obligations that are in state or federal law but it's enshrining that I'm in our Constitution and and therefore it could not be eliminated by future acts of the legislature the next thing is automatic voter registration allowing citizens to be automatically registered unless they refuse this is still America you can still choose to say no but if you don't say no your automatical you're automatically registered to vote at the Secretary of State's office this is something that is the newest reform of the of the access to the ballot register reforms that have come online but already in just a few short years fourteen states have adopted automatic voter just raishin and they're seeing really significant impacts they're seeing significant impacts because individuals who are registered and are on the rolls are then communicated with by partisan campaigns or non partisan campaigns and so they start to be a part of the Democratic little D Civic infrastructure and they are and then they they are not voting necessarily at the same rate that all citizens are voting but they are voting in significant numbers and so those individuals would not have gotten registered if there hadn't been automatic voter registration so I'll quickly move through the other components it would Michigan is one of only about a dozen states that has a voter registration deadline tomorrow and everybody's anybody unregistered in the room come see me we can handle that ask everybody you know between here and bedtime tonight and all day tomorrow make sure they're all registered we have a 30-day voter registration deadline it's the longest allowed by federal law most states don't have a deadline that long anymore and a number of states have gone to the point of allowing citizens to register up to an including Election Day and proposal three would allow that but in a secure way you'd have to provide proof of residency and you'd have to appear in person before an election official this is not new people the three states that first created adapted election day voter registration have had it for 40 years I think we can do it I think we can just a few more no reason absentee voting which thank you to the gentleman next to me Michigan has been trying to get that since 1990 here we are 28 years later thank proposal 3 will finally deliver it to you it's it's a very non partisan reform absentee voting or early voting so you as a citizen can choose to vote prior to Election Day if that's what's most convenient for you imagine that make it convenient for you to vote and therefore you'll make your voice heard the last two components are straight ticket voting so the citizens of Michigan have for 125 years 127 I think very sadly will not be on the available this year the citizens have twice had it taken away by the legislature and they have twice put it back in here's the dirty little secret straight party voting is not a partisan thing individuals in Detroit use it and primarily vote Democratic but so do into significant numbers of individuals in Ottawa County and they significantly vote Republican it's an efficiency that makes it easier for citizens to cast their ballot in an efficient manner and the last one and perhaps one of the most important ones I think is an audit Michigan has had something that is called an audit but it's not actually checking that how we're how we're tabulating the ballots is also how they were meant to be tabulated meaning when you put when you put your ballots into the machine that what's coming out as the counts of the votes is actually being checked and audited and so proposal three would implement that as well and so again it's this perfect marriage that is being supported by over 70% of voters in recent polls of increasing access and having a some more secure election system because we can have both and we deserve to have both thank you sure now having heard the arguments in favor of the two ballad reversals we turn to Richard McClellan who will offer some views on the other side picture I've been asked to talk about why the vnp would not be a good state policy so I'm gonna follow strictly that instruction is a complicated proposal and then I was asked he had a couple of minutes on the promote the vote proposal we just heard about let me just a bigger picture that is not part of this but I something I've been thinking about because I've been active in this area for 50 years there seems to be a trend to abandon kind of the old traditional forms of democracy representative government you get your representatives they manage the government for you you decide a couple years later why do you want them in there we we had Tom we've always had in Michigan it's a good reason the initiative and referendum the people have always referred to themselves the ability to this but it was a very rare occurrence but as we have gotten fed up with our legislature and possibly because of gerrymander we more and more are moving toward these other non-traditional methods of running the government giving people a package deal and a vote up or vote down and you don't have an opportunity to have the process that I went through for 30 years in the legislature until term limits came along they used to spend months on legislation the election code and the election committee was bipartisan they'd fight over things but they really got into it you don't see that anymore legislature gets a bill in front of them they got the votes they move it out so the system has changed and the voters response to it has changed this voters not politicians is a as an example of that if voters not by there's a grab bag of good and bad provisions I don't anybody's suggested it's it's all bad in fact several of them are either existing law or would be in anybody's fair system respecting existing boundaries although there are some people that believe those are racist and we should not be recognizing existing county boundaries that were set up a hundred years ago but in general that's accepted minimizing the variance between populations something that the Supreme Court decided 3040 years ago of the one-person one-vote now they're fighting over whether one-person one-vote who the persons are the only eligible voters in a district or all the persons in the Spiritist district I think it's all the purses the census counts everybody prisoners illegal aliens children so that's what I think it should be but it does get fought over it's not in this proposal it accepts certain things contiguous districts gerrymandering is an art and your if if we didn't have continuous dick districts we'd have a piece of Democrats in the U P attached to a piece and bass City to create a dissertation or the other way around so those are there they are decent establishing a timeline and a procedure is good government but here's what I oppose about this it is this what I call it I was worried about saying it a Rube Goldberg structure very complicated and and and it they keep talking about nonpartisan nonpartisan no politicians well the Commission is selected by a partisan elected Secretary of State she is to generate a list of 10,000 voters randomly invited by her or him I guess there's only two there are two women running to apply and then SOS I'm going to say randomly its selects from these pools Democrats Republicans and self identifying as being unaffiliated doesn't mean they're not partisan it means they're not affiliated it doesn't mean they're independent they can be very strong partisan and probably will be just as long and they can technically show they are unaffiliated so I guarantee you there will be an effort over the years to make sure each party has its own list of unaffiliated people that will be in the pools the biggest proposal that I oppose in this is this term communities of interest it to be protected I gather it's used in other states but I am at kind of the old school political districts represent people in a particular geographic district now we we shifted away from that a few decades ago because of the racial issue and we now that is a community of interest that is particularly well protected and if you watch the process it's been used by both parties it's used because of the the way people live there are more minority voters in urban areas you can as they say pack em and stack em you can squeeze more minority districts into some of these bigger urban areas and disadvantage maybe a Democrats that aren't the right color from this and it goes the other way they go back and forth who they cut deals with has been amazing if you read the history of it so once we get communities of interest and to me this is largely a result of the trend over the last couple you know Reese not not right away but a few times that the Democratic Party no longer represents issues it represents communities and interest if you talk to people to go to their convention it's all about which caucus you good are you and the urban caucus are you in the gay caucus are you in the whether it's it's much more we're how the parties see themselves and they see themselves as a cluster of these groups that all have to be accommodated and I would say there's a community of interest in most of the issues but but I don't think that's a good idea and and so the the the Commission has to defend these districts you know through maps and statistics and so on in the proposal but how are they going to disclose who the communities of interest are that it has favored in this plan and who were the other communities of districts that are going to be disfavored they never answer that and I'm Nancy's taking notes maybe she'll answer but I don't to me as a lawyer and somebody who gets into this stuff I guarantee you there could be some huge battles over within the various communities of interest that are excluded compared to the ones that are included one of the things that I just didn't like in here it bans its bans commissioners from them talking to ordinary people you can't talk to anybody you can only talk to your staff attorneys experts and consultants well I'm sorry these are a group of random randomly selected people I want them walking around talking people saying I'm on this commission I just get my name got drawn I'm gonna do my job what do you think can't do that you can only talk to your staff your attorneys here experts and your consultants I don't think that's good public policy that accuses a lie to this idea that this is for people not politicians I think that it just is it's wrong and in final conclusion I think this is a it tends to do too much and end up ends up with a complex structure that will end in endless disputes now I'm 76 I'm not practicing law anymore but many of my younger colleagues are going to have a lot of fun with this and it's gonna anybody thinks that this is the perfect structure that will last forever in Michigan because it's the fairest and the people will love it and the politicians will accept it I don't think so we fight over politics because politics is a tool by which we allocate wealth and earth state we decide who gets money it's all about the money it'll continue to be and they will continue to be fight for it I'm gonna stop on that one I'm give you two minutes on promote the vote I think the promote the vote is largely just a grab bag of good government ideas have been kicking around the Republicans have basically stopped them is correct they have operated an another model that is the integrity of the process requires procedural steps and filing deadlines at all those kinds of that was the view of both parties and our political system for 100 years or so we really have been moving along toward a much more open process a for example straight party-line voting Republicans block that because they think it favors Democrats no reason absentee they block that because they think it serves people that aren't serious about voting and don't have reason and they should do it I don't see anything wrong with those proposals they are I wouldn't put them in the Constitution but they're fine but I think there's some other things that may or may not create problems there is this idea of automatic registration as a result of doing business with the Secretary of State all you have to do is be do business with her him that's not the worst thing in the world if it's if it's regulated no the secretary state doesn't necessarily determine whether you're a citizen or whether you're eligible to vote or you're a former felon when you're doing business the secretary see that's not their business and then of all of a sudden it it's been happening where people who are not citizens go in on this motor voter get their driver's license and they the clerk was you know do you want to be a do you want to vote boom yes and they're not eligible the registration by mail is new it's something that I wouldn't vote for but I think the way they've written it or you have to show up a real person has to show up the first time you vote with a real ID makes it worth same with same-day registration I have been involved in a lot of Elections for many many years I sort of ran the what the Republicans called the voter Integrity Unit to see what was going on it was bad the Democrats called us the voter suppression unit they're winning that argument unfortunately but what I found was almost everything we got on Election Day with people all over the state was no corruption just people made mistakes it's getting harder and harder to have skilled election day workers and and therefore it's getting raggedy around the edges sometimes but there's very little corruption in my mind organized corruption it doesn't mean some voters are not treated badly by argue that it's mostly the people that are not the worst part of this provision that I don't that I feel is if you end up permanently locking these things into the Constitution you eliminate the normal legislative process now I'm sure I'll always find left-wing groups that are listed as a draft sponsors of it think they have created the perfect model for elections and they're going to lock it in the Constitution the truth is in about ten years they will want something different too and I'll have to go back to the people instead of going back to the legislature so the overall proposal three is not the worst but it has some bad things in it that at least get me to vote no proposal too is awful but you've heard the other side of that wood that'll stop and listen to our expert on the team and now we turn to the professional election administrator on our panel Chris Thomas who has served governors and secretaries of state both parties and it turned his hair gray maybe but he was there for three and a half decades and will get his views on these two proposals great thank you very much I'd like to thank the Ford school for holiness the marvelous opportunity for everyone to get a good view of what's going on with these proposals and it's good to be with my friend Richard on a panel you always know where Richard is you never have any doubt and you know the ACLU used to sue me all the time and in retirement they become my best friends so it's been just great so I did work in this business for a long time I was the director of elections for 36 years as was a department for 40 and I worked for the Federal Election Commission for a few years before that so it's been a long haul in election administration and as an administrator I was a civil servant so I didn't go out and support ballot proposals it's the first time I've had this opportunity so I'm trying to catch up a bit so just for I guess notice here I've not endorsed proposal two but I have endorsed proposal three and I'm not opposed to proposal two but I just haven't done a public endorsement so I make a few comments about proposal two and then move on to proposal three which gets my blood running a little little thicker so it's it is complicated I mean Richards got it down exactly right this is a complicated process it always has been there's a lot of moving parts and the lawyers will do well journalism will have a good time following them but I think it's time to try something new so we've had Republicans have had their good fortune to control the entire process in in 2001 when the districts are drawn and again in 2011 so they've had basically a twenty year period where they've had all the marbles and by the time they got to 2011 they might have gotten what some would call little greedy which is why we're here today on this issue because people I think believe it's gone a little too far I mean you look at our state Senate there's 27 Republicans and 11 Democrats now it's just hard to imagine in this state how that could be well it's the art of drawing the line so I would make a couple other comments here so one of the deals is you know the for Republicans for Democrats and five unaffiliated and Richards right I mean it's gonna how they end up defining that term is going to be critical but there's one thing in Lansing thought which I think doesn't really mirror the rest of of the electorate is that people's partisan affiliations whether they're hard or loose somehow or another define their character and in Lansing that's pretty much the case I mean you're either this or that and they believe that there is no middle ground I think most people have a leaning one way or another but it's not the most central thing in their life to be a lean Republican or lean Democratic they have many other issues that motivate them and they may be ideology and they may be just issues and of course we're all starting to move with what they tell us nationally together you know ideologically we're finding our Islands and I'm in the territory of Ann Arbor today so when they talk about drawing lines that don't disproportionately advantage or disadvantage one of the political parties well the Republicans aren't going to do so well here and they won't do so well in Detroit but they'll do very well in many other areas of the state so it's good there will be more competitive districts but not every district is going to be competitive so you just need to keep that in mind because of the nature of the populations that they represent and Richard is right this concept of community of interests though that is going to be a real linchpin in this in terms of them figuring out how this is going to work and also this concept of the acceptable measures of partisan fairness this is the heart of the litigation that's been going on is how do you determine fairness and are these efforts from Wisconsin and elsewhere to try to get the supreme court to recognize that and make that a factor I mean right now one of the apportionment factors that's been approved by the US Supreme Court is that you don't throw the incumbent out of its district now that's to most people kind of a ridiculous deal so in California which is very I think that's the one that's most similar to Michigan the the way it worked it was kind of interesting because they use it in 2011 so 45 percent of the the incumbents had territory that wasn't part of their district before and 41 percent of them had more newer voters that they never represented so it did mix things up a bit and they didn't consider where incumbents were so they threw a lot of incumbents together and sometimes they ran against each other sometimes they just retired so I think that this is a proposal that's got some merit because of where we find themselves now if the Democrats get all those marbles there's such nice people they would never do the same thing would they yes they would and yes they would because that's the game that's exactly the way the game works there's nothing evil lurking in this it's just the game of it this is a zero-sum game folks we don't not have proportionate representation you either win the district or you lose it and that that's what that's all about so I'm going to shift gears here so I want to talk a little bit about proposal three promote the vote this is a critical opportunity for Michigan to catch up Michigan has lagged behind the rest of the states in terms of access to the ballot and the way it's been done in this state before the last decade and a half was that access would be increased and there'd be a measurable deterrent to balance it so in other words you don't just slam the door and say fraud fraud fraud we hear the fraudsters all the time and that is the biggest untruth out there and I Richard hit it right there is not massive fraud but that is the the reason that's given in many cases of why we're not moving forward firm limits may well play a role in that that is probably one of the most unhealthy things that Michigan has ever done so when you look at no reason absentee balloting the Presidential Commission on election administration highly recommended that every state should give the voters that opportunity to vote Michigan is one of funny we give everyone 60 and older the opportunity to vote no reason age is not a reason folks that's just a grant of no reason absentee voting to one segment of the population and they've handled it so well that I'm sure that the rest of the population can get on board and learn from senior citizens like myself that this works just fine automatic registration I mean look the beginning and the end of automatic registration is the question nobody's being automatically registered without them standing there and answering a question right now the Secretary of State said you know right assertive oh yes or no this will say you'll be registered to vote unless you decline to be registered that's the only difference all the citizenship safeguards done at Secretary of State's office remain in full effect so non-citizens are not sneaking through because of this proposal so I think that's something that everyone needs to bear in mind and it actually follows the National Voter Registration Act which says they voter a driver's license application shall be a voter registration application unless the voter declines in writing we don't do it that way we should be doing it that way that's the federal law so the safeguards are there this this is just a good way to go about it in straight party voting now we've had consolidation of Elections in this state for the last decade and a half which is a good thing we've eliminated all these special elections all over the place and gone to for election dates and now three but when we did that straight party voting was a predicate and so what did the legislature do knowing that straight party voting was there they loaded up the general election ballot first they put all the villages on the general election ballot then they put all the school districts on the election the general election day ballot and now they've permitted cities to go on to the Election Day ballot in November of the even year so we're making this a longer and longer process for voters and without straight party voting it's just going to make it worse for everybody and obviously they put an appropriation in to take care of the the in the to kill the ability to have a referendum because you can't referendum appropriation bill it's a very sneaky tactic that's being used now in Lansing when they did it before and 64 and 2002 BAM as a referendum overwhelmingly react re-enacted by the voters so I would note that the other things that deal with registration in terms of moving to 30 day that's fine it's not going to cause any problems we have a lot of electronic registrations now that are coming in so there's no real Clerk issue there the 14 days before the election it got to show up in person you've got to have proof a document proving where you register or where your ro your resident and this is going to be a very low volume it's an extra trip folks that people have to make to the clerk's office election day registration is really a safety net it'll really kind of remove what we have now with the affidavit ballots and one thing I want to make absolutely clear this is not done in the polling place on Election Day this will only be done in a clerk's office so it's not like people are going to inundate pulling places and try to force themselves onto the file they're going to have to go to the actual city clerk and go through this process to get on the ballot and the post-election audits this fits right in with the national security issues on our election system and Michigan is stepping up to this and it's time for them to really take this on the Bureau has done a great job in Lansing and we're ready for that next step they have come up with risk limiting audits they can use statistical sampling that actually can tell you something about the results rather than just taking five percent and trying to make some sense out of it so these are rights these are rights for voters and these are things that are being done their common sense programs that are being done in many other states without any big fraud issues or anything else so it's really time for Michigan to step up and open up access and maintain security thank you thank you to our four panelists and now we'll turn to some questions from the audience for Ford school students will be responsible for sorting the questions and choosing them they represent two of the sponsors of our panel the student groups we listen and domestic policy core two of them have a microphone and they will introduce themselves the other to lack of microphone so let me introduce them the folks who are sorting the the questions down here are Chris Carson Rivera in the domestic policy core and nikto may know from we listen and Tom vivanco the associate director of close-up is giving him a hand here on the end so let me turn first to the Oh before we turned any questions Leslie that our timekeeper who has kept us right on schedule here is Heather getting hammered we thank her so let me turn now to the students who will be reading the questions let them introduce themselves and ask the first question hi I'm Sophie I'm a first year MPP student here and I am also part of the domestic policy Corps and also as a lifelong Michigander and someone very interested in democratic engagement as clearly so many other people are thank you all very much for being here we have a lot of really great questions so we'll try to get through as many as we can but maybe just keep that in mind while we're going through that we'll try to get to as many as possible our first one is in regards to proposition three has research been done to estimate how much this proposal may increase voter participation rates yes the Center for American Progress did a report earlier this year they actually did they've done a number of ports that were really helpful for me one was on election security but then they did a report where they estimated the the impact of all the sort of common-sense reforms that different states are doing and so what we're saying now is that it would increase turnout by several hundred thousand voters in 2020 according to the Center for American Progress they would estimate about four hundred thousand voters but I'm guessing this gentleman might have a okay all right so that's um you know it's a little bit hard to predict because any any forms of those research are always done in another state right and so all the different intricacies of an election system can have an impact but that's the estimate that that we've been going with because they did the report to help us out with it wonderful so my name is Allie berry I am a senior in the undergraduate BA program here and I'm involved with we listen our question is for Nancy about prop 2 how how would it be possible to stop lobbyists and their dollars from influencing the members of the commission of this redistricting committee right so again I would go to transparency so mr. McClellan said earlier that the commissioners would not be able to be talking to the public that's that's not true it's that they would have to do the commissioners would have to be talking to the public at open meetings only there's there'd be no more of this backroom kind of secretive redistricting that's going on right now so we know what we have right now which is that lobbyists go and and they're they're able to have influence on the maps again this bridge article uncovered you know the I mean they were going through the emails that were uncovered during this litigation and the people the consultants that were drawing these maps shared them with you know the DeVos family and other being Republican donors for their input so that is happening right now it's just that we don't actually know you know who's involved and what influence they have unless you know it comes to light through litigation under our proposal the commissioners again it would be written into the Constitution that they would have to conduct all of their business in the light of day so that's how you would know this is perhaps a little bit towards proposition three what is any of your opinion on laws such as what the Australians have that mandate that each voter must vote this question writer notes that perhaps it's a little invasive on people's rights but an interesting idea do you have thoughts yeah well that would be interesting to try to do in this country I think every voters should vote what I believe they do is levy a little fine or tax on them if they don't vote it might stimulate a few to do that but one thing we have in this country right now is a right not to vote anybody else want to comment on that one okay so this one is for mr. McClellan the question is you touched on a little bit how you do speak up a little bit on Deafness your never heard that's okay um you mentioned briefly that you thought that prop three wasn't necessarily the worst and so the question is what election reforms would you support if any at all perhaps the elimination of the electoral college or a ranked voting system to help move politicians to the middle okay slow down and speak up okay regarding prop three which you mentioned wasn't necessarily the worst the question is what election reforms would you support what election reforms would I support right and then they give two examples one being the elimination of the electoral college and the other being a ranked voting system well I'm conservative and tend not to change something we've had for a couple hundred years but I do believe that the rules from time to time and election should be changed I'm not opposed at all in fact I've been involved in them for 40 years legislative changes to modernize and make our rules of the elections more consistent with the Constitution that says preserve the purity of elections so as new technology comes in things like same-day registration a number of those things might be work fine I'm not at all opposed to them but things like the electoral college that is such a huge change it's like the National one-person one-vote that would shift all the power to California and New York and Texas I'm against that and the kind shower running that as a Republican I believe he's delusional the it's kind of an ugly situation the electoral college but it certainly reflects the fact that this u.s. United States is a group of sovereign states we are one country that has one population so I'm I'm against that sort of thing I got a number of other give me almost any issue and I'll give you an opinion one way or the other cuz I spent a lot of time on a lot of things I'll just say one more thing that I I was gonna bring up voter voter who let everybody vote in some communities means illegal aliens people just come over they that I don't believe in I believe the vote is a right of a citizen and if you've ever been to a citizenship swearing-in ceremony and you see new Americans and what they think about their adopted country and the rights that they have they do not want people who haven't gone through the work is hard work to be a citizen so I'm in favor of voting for citizens all citizens unless you're excluded and I'm not if you're in prison no but if you get out of prison yes so these are complicated issues and you're not going to be able to solve them by one-shot ballot proposal put together by some group in a dark room no I was not invited to their drafting session i guaranteed motors not populations were put together by a very secretive group well that leads right into our next question which is coming to us from Twitter what is the logic of denying the right to vote to convicted felons not only the ones paroled but also ones currently incarcerated and this can be for Richard or mr. McCullen but also for any of the panelists I think the only theory is that they have forfeited their right to be treated as a regular citizen and I used to be chairman of the Michigan Corrections Commission and and I'd go down to the prisons a couple of times and I it's one of those things that I think may just be outdated I bought firmly believe that if you've done your time and you're back in society you should not be disqualified from getting licenses for professions they rejected two former woman there were inmates and had learned to be massage therapists in prison so they could get a job so they went to get a job in the licensing board of the same state government said no you can't do it I just don't believe in that if you're if you're a former convicted felon you should be treated to all the rights of a citizen restored to his or her lie when they go to prison or certain things that is a policy decision I don't know that I would make but it was made and it's not unreasonable to say you have forfeited certain rights while you forfeited your personal freedom for one thing so that's my view on that I would just make a quick comment so in Michigan as Richards describing when you're released you've served your time you have your rights back and there's no process you need to go through and this is on the Florida ballot this year we're in Florida you don't get your rights back and you have to go to a board that I believe that governor participates in a very lengthy process in order to get those back so there are big differences across the country about how states handle this okay great this is another question for mr. Thomas you mentioned two term limits as bad can you elaborate on that and do others have thoughts especially their impact on gerrymandering yeah I think they stink and I think as Richards indicator is had a very bad effect on the continuity of government the idea I mean everybody's term limit you can vote them out I mean the people stay because people continue to vote them in and so what happened in my opinion is that the power shifted from these legislative committees like Richard mentioned back in those days the election committee it was very robust and these folks were on that for a number of years they understood a good part of the process the folks that come now they're there six years in the house there are eight years in the Senate they don't stay on the same committees they move around they don't understand this stuff the best thing about elections to them is till they got elected under the rules and it was good for them but they don't really understand the intricacies so where's that power gone it's going to lobbyists and a little bit to the bureaucracy because these folks don't know and then when the committee staff when they started retiring they lost everything so it's it's been a bad deal and I don't think the state's been served well this is a concern that mr. McCullen bought brought up perhaps this would be for ms wang to respond to but proposal two proposes a 13 member board composed of four Democrats four Republicans and five independence or non-affiliated what is or how would independence be selected will it be verified that they are independent or non-affiliated right so if I may just start with a clarification so mr. McClellan said that's the secretary of state would be selecting these commissioners that's not true so people would have the ability to apply and then the selection is only just her or him randomly choosing you know applications from the pool of people that applied in terms of party affiliation so here in Michigan as many of you know we don't have party registration and so on the application form you'd have to self-identify as a Republican or a Democrat or non-affiliated under oath the term unaffiliated or affiliated is ripe for a lot of litigation are we going to force party registration so you're not registered well what do we mean by not affiliated again it doesn't mean you don't have partisan views it means you're not affiliated at that time with a particular party I'm just a lawyer I I look for all of monkey wrenches that we could possibly throw at this but it's if it's adopted I won't be doing it but I know other employers this is a question for mr. Linton you referred to voting access performance bipartisan but historically Republicans have not supported greater access to polls how much reform across the nation has been accomplished by citizen LED ballot initiatives versus legislative reform well that's tough okay so so I sometimes people push back on me and they ask this question they want me to say that it is a partisan issue and if and if you if you notice I said citizens the citizens and the public think of this as a non partisan issue I can't necessarily speak to every individual state legislature or even our own state legislature over the last few years I obviously know and and I and I wouldn't suggest otherwise that since 20 since the election of Barack Obama there's been a wave of anti voter laws around the country most significantly voter ID laws and I'm aware of that but I don't think that negates the fact that you've also seen a variety of states with Republican governors and Republican legislatures adopting reforms and so I think one thing that mr. Thomas has been working on is online voter registration 38 states have online voter registration now that by definition must include red states right another example just off the top of my head would be automatic voter registration automatic voter registration is the newest some states that come to mind that have it are Alaska not a particularly blue state in case you didn't know and Alaska actually adopted it through a ballot initiative so in Alaska's case automatic you are automatically registered to vote when you get I don't remember the term but in Alaska when you get benefits under there oil and gas program so when you become a part of that program you also get automatically registered and that was through ballot initiative I'm not sure that I can't give you exact numbers on how many states have adopted reform through balan receives the other one that comes to mind is Maryland I think adopted some reforms through ballot initiative I think if you have a legislature that's willing to provide the reform through the legislative process you don't take the extraordinary expense and hundreds of thousands of signatures to try and do it through a ballot initiative but after 28 years of waiting for just no reason absentee voting it doesn't seem like there were any other options this will be the final question we have time for this can be for any of our panelists for either of the propositions what impact do these proposals have on marginalized or economically disadvantaged urban communities was proposed in the question marginalized what kind of marginalized groups or economically disadvantaged communities I'll just go first because I just talked so I mean one of the things I mean I'm sure I can be done so so you know individuals who struggle to vote and register are often individuals who move a lot right who will have low levels of education or low income why because all those things kind of fit together right if you have a low income you are more likely to be moving your home your home situation and your housing is likely to be less stable and so the more often you're moving the more often you have to be updating your voter registration and the more likely your registration is not going to be valid for me at this point in my life in the same house for 18 years I don't have to think about that but for an individual whose housing is not stable it's a much greater barrier so I think you know providing an opportunity for eligible citizens to register on Election Day means that if you happen to have moved because that's your circumstance due to economics or otherwise that you'll be able to remedy that you'll be able to get rear edges turn on on Election Day and still have your voice and the fact that your economics are just circumstance or your housing circumstance doesn't necessarily fit you know as well with our voter registration system won't disenfranchise you I agree with that urban areas is moving moving and switching schools and all that is a very disruptive of these citizens ability to access the services that we others expect hey I want them to say one more thing before we go if you haven't read it our good friend impact who runs pretty magazine read this magazine read this article about how a shadow Republican group gerrymandered michigan sparking a backlash i wanted his his reporters have really dug deep into what we thought was secret room it's where we came up with this stuff but so it's a good magazine if you want to read about esther marginalized communities under a proposal the commission would have to abide by the federal Voting Rights Act that's federal law it applies now it applies under this proposal and I would just say that as to all voters including historically disenfranchised voters they would they would have their votes count with a yes vote on proposal two they would not be packed and cracked in two different districts just because you know they can be reliably counted on to vote for one party or another every vote would actually count I would give a cautionary tale so the US Supreme Court last spring issued a decision called Houston after the Ohio Secretary of State and in Ohio this law said that if you didn't vote in an election then a cancellation notice would be sent to you and in that packet of material you get is a little card the er-2 return if you want to stay on the file or you need to vote sometime within the next two federal elections the NVRA the National Voter Registration Act says you cannot even initiate the cancellation process based on the failure to vote well that's exactly what they do and for whatever reason the US Supreme Court said well they don't really cancel them because that they cancel them because they forgot to send a little card back well how many little cards do you receive in the mail that end up going in the trash right that you never quite get to so what this would result in in Michigan if that were implemented here and there have been some discussions along those lines would be thousands and thousands of voters thrown off the rolls having no idea that it was because of this little card four years ago that they didn't respond to election day registration is the safety net to any of that type of activity to give people of all economic situations the ability to get back on the file and vote on Election Day anyone else got a final few thoughts they want to place before that audience I did I did write once non-citizens and I circled it a few times you know as a voting rights strategist the the the nightmare of non-citizens is just so frustrating because I think as mr. Thomas pointed out we have a system for registering individuals right now and they're required to check a box and you know affirm their eligibility which includes that they're citizen and perhaps I just need to say affirmative ly proposal three is not going to allow citizens to become registered there's nothing about proposal three that allowed sorry non-citizens that allows non-citizens to become registered but and no voting right advocate I've ever met is advocating for non-citizens who don't have a right to vote under you know state law here in Michigan to be able to register and vote but it is the boogeyman it is that it is the nightmare that's thrown out there no matter what proposal you put forward I'm sure if it had been the talking point back when motor-voter was adopted here in Michigan it would have been the argument for why we do shouldn't have motor-voter it is just the argument no matter whether you're adopting the most basic thing that every state already has or you're adopting something new and novel and none of the things in proposal three are new and novel they've all been adopted in other states and their voting system is not falling down full of illegal citizens on the voter registration rolls so this is very disappointing that that's always the argument regardless of whether it has any basis in reality and that includes Kansas yes so Kansas has also adopted reforms even though they have the individual who's most concerned with non-citizens abscessed might some some might say with non-citizens okay well that brings our panel to a close I hope you'll join me in thanking the panelists