Chamber urges NO vote on Constitutional Convention Ballot Question

2010 Constitutional Convention Ballot Question Position Paper

Approved by the Government Affairs Committee on August 13, 2010

Approved by the Board of Directors on August 19, 2010

RECOMMENDATION:    The Muskegon Area Chamber of Commerce urges a NO vote on the question of convening a constitutional convention that will appear on the November 2, 2010 ballot.

The costs to Michigan, both in the actual costs of the convention (estimated at $28 – $45 million by the Senate Fiscal Agency) and the special election of Con-Con delegates are not merited. An existing process is provided for amending the present constitution.

The Muskegon Area Chamber of Commerce believes that amendments, where deemed appropriate by the electors, can best be achieved on an issue-by-issue basis rather than through a complete revision.

RECOMMENDED BY:     Government Affairs Committee

BACKGROUND:            On the November 2, 2010 ballot, Michigan voters will be asked to decide whether to call a constitutional convention (Con-Con) for the State of Michigan. The ballot proposal will automatically appear due to the constitutional requirement that this question be placed before voters every 16 years. The Con-Con question will be Proposal 10-1.

If voters approve the call for a new constitutional convention in 2010, delegates would be elected within six months. The elections would be partisan, requiring a primary election and a general election to be held no later than May 3, 2011. One-hundred-forty-eight delegates would be elected, one from every State House and Senate district. These one-hundred-forty-eight delegates would convene in Lansing no later than October 4, 2011. The convention could be expected to last at least until July 2012.

Constitutional conventions in Michigan are unlimited in scope. Delegates can propose a completely new constitution or offer specific amendments. Any proposed constitution or amendment approved by a majority of the delegates must be submitted to the voters not less than 90 days following the adjournment of the convention.

Any issue may be debated, but a convention could be expected to deliberate on issues such as:

• Abortion rights
• Cap on the sales tax
• Direct gubernatorial appointment
• Drug legalization
• Elected or an appointed judiciary
• Headlee tax limits
• Local government structure
• Physician-assisted suicide
• Prohibition of a graduated income tax
• Prohibition on public aid to non-public education
• Prohibition on the death penalty
• Public school district consolidation
• Same sex marriage
• School funding and equity
• Term limits
• Unicameral Legislature

Over the years, the people of Michigan have adopted four state constitutions, in 1835, 1850, 1908 and most recently in 1963. Voters rejected two (1867 and 1873) and failed to approve the calling of a convention eleven times.

In 1866 when the question first appeared, Michigan voters agreed to call a new constitutional convention. However, in 1867, the new constitution that the convention had spent months drafting was rejected by the voters. In 1874, similar attempts to revise the constitution were rejected by the voters.

There have been two calls for a constitutional convention under the current Michigan constitution. In 1978, the question went before voters for the first time since the adoption of the 1963 constitution. Michigan voters defeated the call by a 70% to 30% margin and again in 1994 by a 72% to 28% margin.

Since 1963, the Michigan constitution has been amended 30 times, while 37 proposed amendments have been rejected by voters.

Only ten states have revised and adopted a greater number of state constitutions. Michigan was one of thirteen states to revise their state constitution between 1948 and 1975. Only two states have gone through the revision exercise in the years since.

The cost of conducting a constitutional convention and the special election of delegates is estimated at $45 million by the Senate Fiscal Agency. These appropriations would be enacted by the state legislature and there is no way of knowing what the level of compensation for delegates may be. 

POSITION AND RATIONALE:    The Muskegon Area Chamber of Commerce urges a NO vote on the question of convening a constitutional convention that will appear on the November 2, 2010 election ballot.

The Chamber opposes the Con-Con ballot question for the following reasons: 

• The majority of the problems in Lansing reflect the failures of political leadership, not the constitution. 
• The state’s constitution was not intended to, nor should be used to, legislate. Policy matters should go through the legislative process and be weighed by the legislature.  
• Opening the constitution to the full rewrite will attract well funded, single issue interest groups intending to influence the process. There are number of strong provisions in the current document that would be at risk such as the Headlee tax limits and prohibition on new state mandates without state funding.     
• The newly elected Governor, Secretary of State, Attorney General and the entire State Legislature will be rendered powerless for the duration of the convention.  
• Adequate mechanisms to amend the constitution already exist. Amendments can best be achieved on an issue-by-issue basis rather than through a complete revision.  
• Constitutional amendments should be made with sound cause.  Comprehensive study of these amendments on their individual merits is necessary to avoid unintended consequences.
• Economic development investment in the state would come to a standstill. Investment and job creation requires certainty, stability and predictability of the state’s tax and regulatory structure.
• The cost of holding a convention is estimated at $45 million. Given the ongoing billion dollar deficits facing the state each year, the estimated cost of a convention will have an impact on the services state government provides.

OPPONENTS’ POSITION AND RATIONALE:      Proponents of the ballot question argue that after years of discussion regarding the problems facing Michigan, the only means by which to force action is to do away with the current constitution.  Given the shift toward a service-based economy and in order to raise the funds to provide government services, a restructuring is necessary.  Further, they assert knowledgeable, thoughtful, active and responsible Michiganders from around the state would come forward to serve as delegates.

In 2006, the organization Citizens for Michigan completed a four-year review of the current constitution and made sixty-two specific recommendations to change the constitution.  The group urges approval for a Con-Con believing there are too many changes to be done one at a time and that the cost of holding a convention is a worthwhile investment to make.

RESPONSE:     While the Muskegon Area Chamber of Commerce does not believe the constitution is a perfect document, there is no overriding fault in the constitution that warrants a complete rewrite.  The Chamber strongly believes the status quo in Michigan must change. It shares the frustration of members and the public with the inaction by the State of Michigan to enact meaningful reform to eliminate the structural deficit and create an environment that promotes economic success.

Still, no compelling argument has been made to justify the uncertainty caused by having a legislature and a convention meeting at the same time during a continued fiscal crisis, the cost and the opportunity for single-issue special interest groups to use the convention as a vehicle to advance their agenda.

Certainty is a vitally important ingredient for business success. It creates a foundation for growth and encourages long-term investment in our state.  A convention will create more uncertainty in Michigan for another two to three years at a time when we cannot afford it.

As an alternative to a constitutional convention the Chamber is supportive of constitutional reform. Constitutional change can come about amendment by amendment through existing mechanisms.

ADVOCACY:      The Muskegon Area Chamber of Commerce will communicate its position to members, the community-at-large, the West Michigan Chamber Coalition and the statewide business community.

Furthermore, the Chamber will participate in coalitions of organizations opposed to the 2010 constitutional convention ballot question.

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