Governor Gretchen Whitmer is ignoring fundraising limits for her campaign for reelection. Her most recent campaign finance report shows that she raised at least $250,000 from some donors, despite a law limiting gubernatorial candidates to $7150 per individual donor.
Whitmer's fundraising strategy an 'illegal scheme,' conservative group says
To justify this, Whitmer is using an opinion by former Secretary of State (1970-1994) Richard Austin, who claimed that an incumbent subject to a recall could raise unlimited funds to counter it. But the law doesn't say this.
There are several groups promoting a recall of the Governor, but they have essentially no money or organization. Most of their petitions haven't made it past the Board of Canvassers, and one that did has since expired. Even if there were an active recall petition, it would be very difficult for organizers to collect the necessary signatures. There will not be any recall election. Nonetheless, Whitmer is claiming that she can raise unlimited money to fight a nonexistant recall and then transfer it all to her reelection campaign when no recall election occurs.
Austin's opinion is crazy. If it were to hold, any incumbent could have a political ally file a recall petition against him, and benefit from unlimited fundraising against a recall that would never happen.
It might make sense to allow an incumbent subject to recall to raise money separately to fight the recall. But if so, the same fundraising limits should still apply, and no money from a recall campaign fund should transfer to a reelection campaign fund.
This is just the latest abuse of power by Whitmer. Most famously, she abused her emergency powers during the pandemic. The Michigan Supreme Court ruled 4-3 that the 1945 emergency powers law was unconstitutional (it was intended to be used for short-term emergencies like riots). It also ruled unanimously that her use of the 1976 emergency powers act was illegal. (Orders using it must expire after a month, which Whitmer tried to evade by just reissuing the same order.) She then implemented many of the same policies using the Michigan health department. She also abused power in other ways, including attempting to unilaterally close Enbridge Line 5.
The legislature should immediately pass a law repudiating Austin's opinion and dare Whitmer to veto it. Her actions should also be challenged in the courts.
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