State law says ex-councilwoman cannot serve
BY NAOMI R. PATTON • FREE PRESS STAFF WRITER • August 2, 2009
Former Detroit City Councilwoman Monica Conyers is awaiting sentencing by a federal judge for her role in a bribery scheme involving a $1.2-billion city contract with a sludge hauling company.
But if she is among the top 18 vote-getters on Tuesday and wins again in November, she cannot serve in office. Here's why.
QUESTION: If Conyers is among the top 18 vote-getters in Tuesday's primary, will her name appear on the general election ballot in November?
ANSWER: Yes.
The primary is a nominating action, not an election, said Daniel Baxter, Detroit elections director.
Conyers must be elected to the council in November for the election to be voided by state law.
Q: If Conyers finishes among the top nine in November, can she serve as a council member?
A: No.
Conyers was an official candidate for a second term at the time she pleaded guilty.
Michigan Election Law states, if "any candidate for any public office at any election in this state shall be convicted of a felony, as defined in this act, the election of such candidate, if he has been elected, shall be void."
According to state law, if Conyers takes her place on the council, a person with standing, such as a resident of Detroit, can file "an information in the nature of a quo warranto" with the Michigan Supreme Court or with the proper circuit court to oust her from office.
In addition, state law grants the governor the power to remove Conyers from office: "When the governor is satisfied from sufficient evidence submitted to the governor that the officer has been guilty of official misconduct, willful neglect of duty, extortion, or habitual drunkenness, or has been convicted of being drunk, or whenever it appears by a certified copy of the judgment of a court of record of this state that a city officer, after the officer's election or appointment, has been convicted of a felony."
Q: If Conyers wins in November but is removed from office, will the 10th-place finisher assume the vacated council seat?
A: No, Baxter said. According to the charter, eight candidates would be seated, and a special election must be held in the spring to fill the ninth council seat.
Q: Council candidates Raphael Johnson served 12 years in prison for second-degree murder; Walter James Hart Jr., who ran for a council seat in 2005, served 81 months in federal prison for transporting a 16-year-old girl across state lines, and John Cromer served 12 years for retail theft. Why are convicted felons allowed to run for office?
A: According to state law, felons can run for office once they have served their sentence.
Q: When could Conyers run for office again?
A: Any elected official removed from office by the governor "shall not be eligible for election or appointment to any office for a period of 3 years from the date of the removal."
Contact NAOMI R. PATTON: 313-223-3327 or npatton@freepress.com
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