MICHIGAN CAUCUS INVESTIGATION Michigan College Republicans Flouting the Campiagn Finance Act?

Copyright 2006 Michigan Caucus

In the continuing Republican effort to straitjacket the Little Guy and Gal, Michigan Attorney General Mike Cox says its illegal for governmental bodies to process voluntary payroll deductions for the benefit of the employee’s chosen political action committee.

The Cox opinion, issued February 16 (AG Op. No. 7187), is the basis for a complaint filed by the Michigan Chamber of Commerce against Saginaw Valley State University and threats against Central Michigan University for “unlawfully … operating a PAC payroll deduction plan.†Both schools have long-time PACs, financing them through voluntary payroll deductions made by university employees. The complaint against Saginaw Valley was apparently filed with the Michigan Secretary of State Terry Lynn Land.

Cox’ interpretation of section 57 of the Michigan Campaign Finance Act, originally intended to prevent public servants from appropriating public resources for private political gain, strains credulity, delving into such absurdities as finding legal justification for using the dictionary, yes, the dictionary, to find the definition of the word “make.†Cox even quotes the Michigan Supreme Court - itself referencing the American Heritage Dictionary, Second Edition, for the definition of the word “make.â€

Here, read Cox’ words for yourself:

Section 57 prohibits a public body from using public resources “to make a contribution or expenditure.†MCL 169.257(1) (emphasis added by Cox). The word “make†is not defined in the statute. Undefined statutory terms are to be given their plain and ordinary meaning, MCL 8.3a, and “when considering a nonlegal word or phrase that is not defined within a statute, resort to a layman's dictionary . . . is appropriate.†Horace v City of Pontiac, 456 Mich 744, 756; 575 NW2d 762 (1998). The word “make†means “'to cause to exist or happen; create.'“ Frankenmuth Mutual Ins Co v Marlette Homes, Inc, 456 Mich 511, 516; 573 NW2d 611 (1998), quoting the American Heritage Dictionary, Second Edition. A public body's use of its resources to administer the payroll deduction plan would “cause†the contribution to “happen,†and thus violate section 57.

What the hell is this all about?

Guess it depends on what the meaning of the word “is†is.

While the Michigan Caucus believes voluntary payroll deduction plans are “OK†because they are content neutral, help to facilitate the First Amendment rights of governmental employees (why shouldn’t they enjoy the same benefit as in private industry?) and are allowed for other constitutional reasons, we can appreciate Cox’, ahem, principled stand.

With such a clear and expansive definition of what it takes to make a contribution or expenditure, the Michigan Caucus launched its own investigation into other potentially illegal contributions at public universities.

In a month-long review of the eleven Michigan College Republican chapters across the state, the Michigan Caucus has discovered that almost half illegally use public resources to publish web sites - on university web servers -  supporting Republican candidates, ballot initiatives and generally opposing all others. Those identified include Grand Valley State CRs, Michigan State University CRs, Michigan Technological University CRs, the University of Michigan CRs and the University of Michigan-Dearborn CRs.

By hosting web sites on publicly owned computers CR chapters appear to be violating the section of the Campaign Finance Act prohibiting the use of “… personnel, office space, computer hardware or software, property, … equipment, supplies, or other public resources to make a contribution or expenditure …†assistance of, or in opposition to the nomination or election of a candidate, or the qualification, passage, or defeat of a ballot question.

Ironically, the worst offender is the CR chapter at the University of Michigan-Dearborn – the alma mater of Michigan GOP Chairman Saulius “Saul†Anuzis.  According to a whois check, the website, http://www.umd.umich.edu/student/org/crs/, is hosted by the University of Michigan – a public body.

A review of the UM-Dearborn CR web site reveals support for Dick DeVos for governor (with lots of pictures), Chad Miles for Congress, Gubernator Ah-nold, former NYC Mayor Rudolph Guiliani, US Senator John McCain, New York Governor George Pataki, Angry Man Zell Miler, President Bush and Vice President Cheney. The UM-Dearborn’s mission statement posted on its web site even admits that its goal is to “… aid in the election of Republican candidates to all levels of government.†(!)

Email requests for comment from the University of Michigan-Dearborn were not returned. Email requests to the UM-Dearborn CRs to remove their illegal web site from the university computers were also not returned.

Tomorrow –
What you can do to stop these dangerous College Republican scofflaws.