Showing posts with label Michigan. Show all posts
Showing posts with label Michigan. Show all posts

Friday, June 7, 2019

Mentally Ill Parent and Child Custody. Terry Bankert (810) 235-1970

Will mental illness cause a loss of custody?
"... while mental illnesses may create unfortunate barriers for parents in child custody cases, it is the best interests of the child that must guide a trial court in making custody and parenting time decisions."


"Unlike cases involving the termination of parental rights, in which courts must balance the best interests of minors against the constitutional rights of their parents, a trial court’s singular focus in cases brought under the Child Custody Act, MCL 722.21 et seq., is “ ‘to promote the best interests of the child and to provide a stable environment for children that is free of unwarranted custody changes.’ ” Lieberman v Orr, 319 Mich App 68, 78; 900 NW2d 130 (2017), quoting Pierron v Pierron, 282 Mich App 222, 243; 765 NW2d 345 (2009). With respect to parenting time decisions in particular, MCL 722.27a(1) provides, in pertinent part: (1) Parenting time shall be granted in accordance with the best interests of the child. It is presumed to be in the best interests of a child for the child to have a strong relationship with both of his or her parents. Except as otherwise provided in this section, parenting time shall be granted to a parent in frequency, duration, and type reasonably calculated to promote a strong relationship between the child and the parent granted parenting time. -5- However, if “it is shown on the record by clear and convincing evidence that it would endanger the child’s physical, mental, or emotional health,” parenting time need not be ordered. MCL 722.27a(3); Luna v Regnier, 326 Mich App 173, ___; ___ NW2d ___ (2018) (Docket No. 343382); slip op at 3. "
(e-journal 70441, Jackson v Appling Mich. App. Unpublished 5/7/19.No. 345488.

Presented here by Flint Family Law ,Divorce, Attorney Terry Bankert. www.attorneybankert.com .
Call Lawyer Terry Bankert  (810) 235-1970

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Spousal Support Modification


What will you need to do to change a spousal support order.

“A divorce judgment entered upon the settlement of the parties represents a contract, which, if unambiguous, is to be interpreted as a question of law.” Holmes v Holmes, 281 Mich App 575, 587; 760 NW2d 300 (2008). A trial court may modify spousal support based on new facts or different circumstances arising after entry of the divorce judgment. Ackerman v Ackerman, 197 Mich App 300, 301; 495 NW2d 173 (1992). The burden is on the party seeking modification to establish that the facts warrant modification. Id"

Presented here by Attorney  Terry Bankert, 810-235-1970, Flint Family Law , Divorce, Lawyer.
www.attorneybankert.com

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Tuesday, December 6, 2016

BEST INTEREST OF THE CHILD FACTORS

#Bestinterestsofthechild is the Standard used by your #Divorce #Attorney when advocating for your #ChildCustody in #Flint #Genesee or around the State 
The best interests of the child is the standard usedby  #Lawyers in custody disputes between parents, agencies, and third parties.
The court must consider each factor and make findings on the record.Contact attorneybankert.com for more information.
The factors need not have equal weight; the court determines the weight of each factor.
Factors.
  • (a) The love, affection, and other emotional ties existing between the parties involved and the child. This factor focuses on the emotional bond that already exists between the parent and the child.
  • (b) The capacity and disposition of the parties involved to give the child love, affection, and guidance and to continue the education and raising of the child in his or her religion or creed, if any. This factor tries to project the parent’s ability to foster an emotional bond in the future, and the parent’s impact on such matters as education, guidance, and religious training.
  • (c) The capacity and disposition of the parties involved to provide the child with food, clothing, medical care or other remedial care recognized and permitted under the laws of this state in place of medical care, and other material needs.
  • (d) The length of time the child has lived in a stable, satisfactory environment, and the desirability of maintaining continuity.
  • (e) The permanence, as a family unit, of the existing or proposed custodial home or homes.This factor focuses solely on the permanence of the family environment, not the acceptability of the home or child care arrangements.
  • (f) The moral fitness of the parties involved. This factor evaluates the parties’ moral fitness only as it relates to how they will function as a parent and not as to who is the morally superior adult.
  • (g) The mental and physical health of the parties involved. This factor should not impair or defeat the public policy goal of integrating disabled persons into the mainstream of society.
  • (h) The home, school, and community record of the child.
  • (i) The reasonable preference of the child, if the court considers the child to be of sufficient age to express preference. The court must take the preference of the child into account if it decides that the child is old enough to express a preference. The court is not required to disclose the child’s preference. The child’s preference does not automatically outweigh other factors; it is only one element used to make the determination.
  • (j) The willingness and ability of each of the parties to facilitate and encourage a close and continuing parent-child relationship between the child and the other parent or the child and the parents. A court may not consider negatively for the purposes of this factor any reasonable action taken by a parent to protect a child or that parent from sexual assault or domestic violence by the child’s other parent. [Amended by 2016 PA 95 (eff. Aug 1, 2016).]
  • (k) Domestic violence, regardless of whether the violence was directed against or witnessed by the child.
  • ( l ) Any other factor considered by the court to be relevant to a particular child custody dispute. The court may not consider the race of a parent’s spouse in considering whether to change custody.@terrybankert posted here 

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Sunday, July 27, 2014

Citizen response by Terry Bankert , 235-1970, to Flint Blue Ribbon Report recommending a City Manager.


Terry Bankert’s response  to Flints “Blue Ribbon Committee on Governance”, the committee, Final Report  to  Mr. Darnell Earley, Emergency Manager City of Flint  July 2014” #flint
7/28/14 5 am.


cited as [1] Most comments of Terry Bankert Divorce Attorney 810-235-1970 are cited as [trb] Please share this article.

I am only an individual Flint Citizen with one vote, one voice. Please consider adding your voice  and your vote to the Flint Community Discussion on Charter Revision.  [trb]

CALL TO SHOW UP AT THE FLINT CITY COUNCIL MEETING, 07/28/14, AND LET  YOUR VOICE BE HEARD.

"The findings will be presented to the council during its 5:30 p.m. Monday, July 28, meeting. Earley has asked residents to email him directly,  em@cityofflint.com.    , with any comments they may have on the report".[2]

The Committee recommends that on the November Ballot the citizens vote to eliminate the Civil Service Commission and the Ombudsman's office. [trb]

I suggest you not do that . [trb]

These offices are currently not funded and can wait for the election of a Charter Commission to deliberate. 

The Committee also then recommends that  a yes or no vote “ Do you the voter want a Charter Commission “ to be placed on the November 2014 ballot. [trb]

I suggest you vote yes on this.[trb]

Not mentioned is the fact that in the November elections the candidates for the Charter Commission can be placed on the ballot.

If  this practice is followed at the same election also on the ballot will be a Charter Commission. The  highest vote candidates,1 per ward, could  be  elected to the commission. It has not been decided if this process will be used. Ask the EFM Earley em@cityofflint.com


This Charter Commission Candidate election could all happen fast with little lead up time for Citizen candidate to the Flint Charter Commission.  Those with  moneyed support and advance knowledge are putting their campaigns together now.

Ask the EFM Earley , em@cityofflint.com what he intends to do. Will the Candidates be on the ballot during the same election the yes or no vote is asked of the voters?

Ask the EFM if the voters vote down a Charter Commission will he prolong his rule of Flint? em@cityofflint.com

I recall but am not certain that the Charter Commission candidacy requires a petition drive.  

Consider running for the Charter Commission or encouraging a friend  to run. Seek the support of any organization you belong  to  for help. Waiting will just allow the downtown and moneyed interest to get their candidates elected.

I suggest that  the community respond  by forming a number of  inclusive groups  to self educated and engage in the next steps of Change for Flint. Those steps  are the ones involving  the Voting Public.

I predict  events causing change will happen fast. 

Please call on me if I can help in any way.

COMMITTEE REPORT INTRODUCTION, this is not  comprehensive. The link above will allow  you to read the entire  document.


Mr Wesley [ Chairperson of Emergency Managers Committee on Governance in a letter to the Emergency Manager] said “Less than six months ago, you issued a charge to a group of 22 individuals to develop develop recommendations on how the City of Flint might strengthen its governance in order to avoid the possibility of a return to fiscal crisis.”
‘ [1]


‘We all came to the table willing to do the hard work of studying, learning, exploring, and debating the structures, policies and practices that helped Flint get to its current financial difficulties, and the changes that could help us prevent a return to that state.”[1] said Mr. Wesley.


“We made the determination early on in our process to operate by consensus, so the
recommendations contained in this report convey the carefully considered opinions of
the whole. Members of the Blue Ribbon Committee came to this process with different
perceptions and thoughts, and we took the time necessary to talk through points of
contention. While any of us could have drafted recommendations on our own, we feel
this process has enabled us to craft a report that is more balanced and well-rounded
than could have been achieved otherwise”.[1]said Mr. Wesley.

“After reviewing hundreds of pages of reports on municipal governance models and
financial practices, hearing from people with pertinent expertise from inside City Hall
and outside of the community, and holding three community workshops, we are
delivering our final report of recommendations to you.”[1]said Mr. Wesley.

These hundreds of pages of reports should be made available to the public.[trb]

“ We hope that it will prove a useful lens for understanding some of the complex governance challenges that Flint faces, as well as point a way forward for us to enjoy greater accountability and stability in our local government. It has been a pleasure to serve.” [1] pg 2 said Mr. Wesley.

Thank You for Your service Mr. Wesley and the committee. [trb]

THE COMMITTEE EXECUTIVE SUMMARY [1]

From January 2014 through June 2014, the Flint Blue Ribbon Committee on Governance Reform met to  address the issue of changes to governance in the City of Flint, Michigan in response to the ongoing  fiscal crisis facing city government. [1]

The Committee deliberated in private often. [trb]

“The committee’s objective was to address changes in governance  that it believed would lead to improved long-term fiscal health and fiscal stability for city government.These recommendations reflect a consensus of the group.”[1]

A summary of the recommendations is as follows:[1]  My numbers.[trb] My comments [trb]

1. Shifting to a hybrid form of Council-Manager government with an elected Mayor and an appointed City Manager.[1]

I disagree. The we do not need a full time Mayor. What we need is a traditional City Manager system.[trb]

A reduction in City Council is suggested with no number offered. see [1] 

I suggest the membership of the Flint City Coucil be reduced to 5 .[trb]

In the 1974 Charter 2 year council terms were voted in raised later to four years.
The Committee  recommends that the terms of the city council be reduced to 2 years. see [1]

I agree the Flint City Council should be reduced to a 2 yr term [trb

 At the same time the committee recommends a mayors term to be four year. see [1]

I disagree. We do  not need a Mayor and in the hybrid version this position has been made to powerful and unaccountable to the rest of the Flint City Council. I sense the Committee holds the Current and past Flint City Councils in contempt and has drafted a document that strips the Flint City Council of meaningful power.[trb]

“In addition, [the committee], recommend”s that the elections be held in even-numbered  years. By holding elections to coincide with Presidential and gubernatorial cycles we hope Flint can boost voter turnout. “[1]  

This is incredibly naive as  a basis for making government better, elections during a partisan election makes these positions partisan.[trb]

What they are suggesting is that in an era of soft money and coordinated campaigns when my Democratic Party  is in full electoral mode they  will dangle the bait of municipal elections. I guarantee that it will be mainstream Democrats that will be  elected. [trb]

Please move the elections to the even numbered years!We will strip Uptown and the Genesee Regional Chamber and their rich backers of any future power in flint and return our City of Flint to the neighborhood and other traditional community leaders. [trb]

2.Reconsideration of the City Council system by a Charter Commission. [1]This step inescapably involves the public under state statute.  But only 3/4 of a loaf will go to the Charter Commission. Structural change like eliminating the strong Mayor and changing to a city manager form of government requires an elected charter commission. Why put the Civil Service and Ombudsman on the ballot now? Why  not wait for a Charter Commission? [trb]

I found the language quite misleading in the recommendation on the Ombudsman vote to be put on the ballot now. The office is currently not being funded and will not be in the near future. There is no reason not to wait for a Charter Commission to deliberate on this issue.[trb]  see [1]

The committee gave a recommendation to  vote by ward in the primary and city wide in the general .[1] 

This might reduce representation in some areas. Bad idea. [trb]

3.Ongoing training for all City Council members.[1] We already have memberships in the ational League of Cities and the Michigan Municipal League. Who will do this training? Michigan State would be a good pick.  What is needed is a politically neutral respected group like MSU to oversee leadership education programs and produce impact statements on proposed policy statement for the elected officials and public. [trb

4.City-appointed officials report to and are hired by the City Manager (with the exception of the City Attorney and City Clerk)[1] 

That is how a professional city manager works. There is no need for a Mayor except  to  call the president of the council by  mayor to guide policy between meeting of the city council and attend ceremonial events.[trb]

5.Elimination of the Civil Service Commission and removal from Charter of Ombudsman Office.[1] This is a topic for the Charter Commission. Why put these on the ballot before before we have a charter commission? [trb]

6.Adoption of multi-year budgeting, strategic planning and long-term financial forecasts.[1]
I agree.[trb]

The rationale for the change of government and the role of specific individuals will be
discussed in greater detail below. A summary of the positions of City Manager, Mayor, and City
Council members under the proposed government-form change is as follows:[1]

City Manager
Appointed by and reports to the elected City CouncilPage
9 [1]  I agree. [trb]

o Chosen through a nationwide search
ICMA Credentialed Manager designation recommended
Responsible for hiring, firing, and managing all city staff including the City Treasurer,
Assessor, and all department heads (with the exception of the City Attorney and City
Clerk) [1] and Ombudsman, I agree [trb]

o Selects department heads based on education and relevant experience [1] I agree [trb]
o Conducts annual performance reviews of department heads
Recommends candidates for City Attorney and City Clerk
Delivers annual budget message.[1] I  do not agree.the City Manager should have no involvement in the selection process of these two positions. [trb]

Mayor
Full-time employee of the City of Flint (with appropriate fringe benefits)[1] I disagree [trb] No separation of powers no need for this position nor has there been one for  several years..[trb]
Runs city-wide as Mayor who will sit on the City Council
Acts as a policy leader and the ceremonial designee for the City of Flint
Sits as President of City Council, [1] Note the council is powerless it cannot appoint its own leadership.[trb]
Votes on council matters[1]The way this is configured it  relegates the Flint City Council to an advisory committee. Big business and big money can load up and deliver the election to a city wide mayoral candidate who appoints the committees for the council, and has a vote on the council. A council that cannot realistically ever fire the manager. Earley the EFM  phase City Manager has is making the City Manager in Flint politically bullet proof from the voters. Earley and Snyder serving Downtown have no plans to give up power. Powerful never does give up power we have to take it. [trb]

Delivers State of the City address annually

City Council
Part-time employees (without fringe benefits)[1]
o Not involved in day-to-day operations of City Hall[1]
Meets, deliberates potential policies, gathers information from citizens, and moves
forward on the passage of policies important to the city. [1] Who sets the budget if not the council. [trb]
Confirms appointments of City Manager, City Attorney and City Clerk by two-thirds
majority[1] This is a super majority. They cannot effectively remove those the hire.[trb
[4]


RECOMMENDATIONS OF THE FLINT BLUE RIBBON COMMITTEE [Manager Committee]


Long Term Sustainability- The Big Picture

HOW LOCAL DEMOCRACY SHOULD BE ORGANIZED.[TRB]

This first category of recommendations relates to reforms designed to move the City of
Flint toward long-term fiscal sustainability.[1]

Q:ARE WE ADOPTING CHARTER LANGUAGE TO FORCE IMPLEMENTATION OF THE FLINT MASTER PLAN?[TRB]

Form of Government

Under Flint’s current Charter, an elected council and mayor have responsibility for setting
policy. [1]  I agree, the Mayor has veto power. Will the Mayor in the hybrid system have veto power.[trb]

Under the current Charter  the Council sets the budget and the Mayor spends the tax money? [trb]

Under the strong-mayor form of government, the mayor also is charged with policy
implementation and managing the day-to-day operations through 21 appointees who serve at the
Mayor’s pleasure. [1] Within this alignment of personnel is the current position of City Administrator which was intended to be a city manager embedded into the Mayors office. The paradigms of good government and excellence in the management of local government were to be found here. [trb]

There are three challenges with this current system that contribute to
financial instability. They are: [1]

1. Reporting Structure: Once appointed, senior City officials, with the exception of the
Treasurer, Clerk, Assessor, and including the City Administrator (who has broad
responsibility for the daily oversight of a multi-million-dollar city budget) serve at the
pleasure of the Mayor and report only to the Council through the Mayor’s permission.[1] This was intended to remove the Mayors officials from the  influence of local politics by City Council meddling. What happened? Why will the same dynamic not affect the City Manager?[trb]

When the Mayor and Council do not have a smooth working relationship—which has
been often—the City Council may not have access to the timely information needed to
make effective policy choices and respond to changing economic realities.[1] The same dynamic  can happen in CIty Manager Cities. We should ask prior and current members of the Saginaw City Council.[trb]

 
While the Council does have the power to subpoena witnesses, including the City Administrator,
this is not an efficient way to obtain necessary information.[1] Yes it is, look at Congress.[trb]

2. Qualifications: There are no qualifications in the Charter that are required to serve as
any of the Mayoral appointees.[1] We relied on the City Council to keep the CIty Administrator professional which all councils failed .[trb]

Few of the appointees chosen since the current Charter was adopted in 1974 had the training and expertise in municipal finances that would have enabled them to foresee and respond to changes in Flint’s finances or manage the complicated budgeting and compliance procedures that must be in place. [1] Obviously none of them did.[trb]


On More than one occasion, mayors have appointed political friends or campaign managers to this key  position despite not having the skills needed to carry out the job. [1]

On every occasion the City Council did not demand professionalism in this position. Charters are pieces of paper is Flint Citizens that breath life into our local government.[trb]

3. Information: Because the City Administrator, department heads, and other mayoral
appointees serve solely at the pleasure of the Mayor, they may overlook financial
information or performance inadequacies that would be politically inconvenient. [1] 

City manager that survive by simple majority will suffer the same pressure. Managers like the hybrid with the protection of a super majority may adopt their friends agenda like Uptown for instance and cannot realistically  be removed. The Ombudsman's could not be removed except by super majority but that office had a fixed term. Possibly this hybrid  model must stand a simple majority confidence vote every four years. If they fail they are gone.[trb]


Naturally, employees may feel pressured to downplay sobering information or risk losing
their jobs. This prevents the public and City decision-makers from accurately
understanding the City’s financial position and making timely, informed choices.[1]

Flint has had a manager for a half dozen years or so an emergency manager to be specific. How effective have these managers been?[trb]

As such, we recommend that the City of Flint’s form of government be changed from the
current strong-mayor form of government, in which the mayor is ultimately responsible for the
day-to-day management of City Hall, to a hybrid form of government in which the Mayor is a
voting member of City Council; a City Manager appoints department heads and manages City
operations. [1]

I agree we should have a traditional City Manager but not this ill defined hybrid.[trb]

This will encourage greater collaboration between the Mayor and the City Council
and separate policy development (which is the purview of elected officials) and implementation
(to be carried out by a professional, competent, and trained staff). [1]

Nonsense. The Mayor without budget expenditure control and personnel that report to him will be ineffective , just like the incumbent is today. What is being described is a President of the City Council  being called Mayor with ceremonial responsibilities.[trb

Such a structure will enable the government to be run efficiently and effectively[1]. More will be required.[trb]

The Mayor would sit as the President of the City Council, voting on council matters, and
act as policy leader and ceremonial designee for the City of Flint. Rather than being selected by
City Council from among their members as is the case in many council-manager governments, [1] (This is a good system[trb]).....
we recommend a hybrid in which the Mayor runs for and is elected to that position by voters.
While the Mayor may have public events, meetings, and other duties that require attention
throughout the day, the rest of the Council will have a role that does not require involvement in
day-to-day operations.[1] I disagree [trb]

The City Council members’ responsibilities will be to meet, carefully
deliberate potential policies, gather information from citizens, and move forward on the passage
of policies important to the city.[1] I agree. [trb]

We recommend that the Mayor be a full-time employee of the  City of Flint (with appropriate fringe benefits) and Council members be part-time employees (without fringe benefits).[1]

I disagree.   The Mayor and council should receive  no compensation. The Council President /Mayor should receive a per diem for  City related travel and each member encouraged to attend meetings of state and national Municipal Government Associations. [trb

The Local Officials Compensation Commission is advised to consider
appropriate compensation for the roles of the elected officials. Council members’ compensation
should not be so high as to eclipse a desire for public service as the chief motivation for running
for the position. [1] pg 10

I disagree this body should be disbanded and no compensation offered to elected officials in Flint. [trb]

What do you think? Will you be active in the future charter revisions activities. Several of us are organizing and meeting. If you would like to participate let us know. terry@attorneybankert.com


Sincerely

Terry Bankert


Source,
[1]
cited as [1]

[trb]
Most comments of Terry Bankert are cited as [trb] Please share this article.
see http://occupyflintlegal.wordpress.com/

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Sunday, February 24, 2013

RIGHT TO WORK AND THE MICHIGAN WORKER




In competition for scarce resources when battling public policy or opposing candidates I know that my opponents will bring the Giants of Corporate America with them to do battle. I will want to bring my own giant to this fight and that would be organized labor. Without Organized Labor the fight can never be fair because they will not.
see; http://www.aflcio.org/Legislation-and-Politics/State-Legislative-Battles/Ongoing-State-Legislative-Attacks/Right-to-Work-for-Less shown as IDW#100


By making unions weaker, these Right to work laws lower wages and living standards for all workers in the state. In fact, workers in states with these laws earn an average of $5,680 less a year than workers in other states. IDW#100-1


DID YOU KNOW;
www.attorneybankert.com
Higher Rates of Death on the Job
The rate of workplace deaths is 36 percent higher in states with these Right to Work laws, according to data from the Bureau of Labor Statistics.IDW#100-1


DID YOU KNOW;
www.goodmorningflint.blogspot.com
Less Investment in Education
States with "right to work" laws spend $3,392 less per pupil on elementary and secondary education than other states, and students are less likely to be performing at their appropriate grade level in math and reading.IDW#100-1


DID YOU KNOW;
www.terrybankert.blogspot.com
The infant mortality rate is 15 percent higher in states with these Right to Work laws.IDW#100-1


DID YOU KNOW;
www.dumpmycreditors.wordpress.com
Higher Poverty and Infant Mortality Rates
Poverty rates are higher in states with "right to work" laws (15.3 percent overall and 21.5 percent for children), compared with poverty rates of 13.1 percent overall and 18.1 percent for children in states without these laws IDW#100-1
.


DID YOU KNOW;
www.occupyflintlegal.wordpress.com
Only 50.7 percent of employers in states with these Right to Work laws offer insurance coverage to their employees, compared with 55.2 percent in other states. That difference is even more significant among small employers (with fewer than 50 workers)—only 34.4 percent of them offer workers health insurance, compared with 41.7 percent of small employers in other states.IDW#100-1


DID YOU KNOW;
www.twitter.com/terrybankert
States with Right to Work Laws are less likely to have job-based health insurance than people in other states (56.2 percent, compared with 60.1 percent).IDW#100-1

DID YOU KNOW;

www.facebook.com/attorneybankert
Less Job-Based Health Insurance Coverage
People in states with "right to work" laws are more likely to be uninsured (16.8 percent, compared with 13.1 percent overall; among children, it’s 10.8 percent vs. 7.5 percent).IDW#100-1

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Sunday, October 7, 2012

STOPPING VOTER SUPPRESSION! IS IT WORTH THE FUSS? YES!

GOOD MORNING FLINT! 10/07/12- POLITICIANS STOP FUSSING!

I THINK MAKING TOO MUCH OF A FUSS AND DOUBT ABOUT THE RIGHT TO VOTE WILL KEEP VOTERS HOME.

THE REAL PROBLEM :Republicans taking to the airway talking about illusionary voter fraud and CLAMP DOWNs combined with Democrats taking to the airways making a big deal about minimal barriers  pronouncing  their election day war to stop the taking away of your right to vote  equally creates  psychological barriers causing  voters, Ma and Pa kettle to not vote because IT IS JUST TOO MUCH FUSS.

This article assembled and commented on by Flint Divorce / Bankruptcy  Attorney Terry Bankert 235-1970.  I am  an election protection  volunteer and former Flint Municipal City Clerk.

OR IS THE FUSS WORTH IT?

[W]e're in 2012, and the Republicans are resurrecting the same tactics used in far less enlightened times. Under the threat of voter fraud -- something that again and again has been proven almost nonexistent -- they have proposed draconian laws requiring voters to have certain kinds of ID, that restrict early voting, and restrict the hours polls are open.[[8]]

Since the beginning of 2011, at least 180 restrictive bills have been introduced in 41 states. The vast majority of them were designed by Republicans and would disproportionately affect blacks, Latinos, working-class and low-income voters. In other words, voters who vote for Democrats.[[8]]


VOTER SUPPRESSION  IS NOT OKAY

...voter suppression... a mortal threat to American democracy.[[6]]

IF YOU DECIDE NOT TO VOTE THATS OKAY!

If a United States Citizens Decides to not register to vote that is their right.

If a registered voter in the United States decides not to vote in a particular election that is their right.

Intentional voter suppression is not okay!


MY WORKING DEFINITION OF VOTER SUPPRESSION- POLITICS OR THE SYSTEM ITSELF CREATING BARRIERS EXPLICITLY OR IMPLICITLY,  REAL OR IMAGINED THAT MOTIVATES A VOTER TO NOT VOTE BASED ON FEAR, INTIMIDATION OR JUST MAKING IT TOO MUCH OF A FUSS TO VOTE.

Democrats should be telling voters how easy we will make it  TO VOTE. That we will be there to help, not to worry about these bad Republicans. We must convince the voter  nothing is going to happen to keep them from voting. These Tea Party Elite Romney Republicans   are just talking political stuff. But what are Democrats doing ? We are gearing for election day battle to stop Republican suppression and  communicating this to voters creating imagery of election day conflict which in itself will keep voters home from all that fuss. Just what are we thinking?


NOTES   FOLLOW FOR YOU TO FOR YOU OWN OPINION

Voter suppression is a strategy to influence the outcome of an election by discouraging or preventing people from exercising their right to vote.[[1]]

It is distinguished from political campaigning in that campaigning attempts to change likely voting behavior by changing the opinions of potential voters through persuasion and organization. [[1]]

Voter suppression instead attempts to reduce the number of voters who might vote against the candidate or proposition advocated by the suppressors.[[1]]


The tactics of voter suppression can range from minor "dirty tricks" that make voting inconvenient, up to blatantly illegal activities that physically intimidate prospective voters to prevent them from casting ballots. [[1]]

Voter suppression could be particularly effective if a significant amount of voters are intimidated individually because the voter might not consider his or her single vote important.[citation needed]  [[1]]

REAL COURT BATTLES ARE  NECESSARY AND ONGOING TO PROTECT YOUR RIGHT TO VOTE.

The United States Court of Appeals for the Sixth circuit restored early voting in Ohio on Friday.  The court decision restores voting for the 3-day period before Election Day. The court decision is a win for voter rights and a win for Obama.[[3]]

Bob Bauer, general counsel for Obama for America, said “With today’s decision by the Sixth Circuit Court of Appeals, Ohio joins Wisconsin, Florida, New Hampshire and Pennsylvania as states that turned back restrictions on voter access and limitations on voter participation.”[[3]]

Bloomberg News reported there are at least 15 cases pending nationally over voter restriction issues including early voting, registration and photo identification requirements in the run-up to the November 6 election. [[3]]




"There is no right more fundamental to our republic than the right to vote," Louis-Dreyfus wrote in his message. "And yet there is a countrywide effort to prevent hundreds of thousands of people from voting. Many supporters of that suppression effort have admitted or implied that its purpose is to win an election by preventing voters thought to be of a different political persuasion from voting at all." [[6]]

Indeed, Republicans around the country have passed legislation and encouraged moves to require voters to provide photo ID, restrict voter registration, eliminate early voting, purge voter rolls and send pollwatchers into minority precincts. These measures are all ostensibly intended to prevent voter fraud, which is objectively a nonissue.[[6]]


HYPOTHESIS =TOO MUCH FUSS =VOTER SUPPRESSION=LOWER VOTER TURNOUT .

Voter turnout is the percentage of eligible voters who cast a ballot in an election. (Who is eligible varies by country, and should not be confused with the total adult population. For example, some countries discriminate based on sex, race, and/or religion. Age and citizenship are usually among the criteria.) After increasing for many decades, there has been a trend of decreasing voter turnout in most established democracies since the 1960s.[1] [[2]]

In general, low turnout may be due to disenchantment, indifference, or contentment. Low turnout is often considered to be undesirable, and there is much debate over the factors that affect turnout and how to increase it. In spite of significant study into the issue, scholars are divided on reasons for the decline. Its cause has been attributed to a wide array ofeconomic, demographic, cultural, technological, and institutional factors. There have been many efforts to increase turnout and encourage voting.[[2]]


We have a rich history of creating barriers to voting.

many Republican lawmakers have focused on making it harder to vote. The GOP takeover of several state houses in 2010 was followed by 19 new laws requiring votersto show photo IDs at the polls, rolling back early voting, and impeding the registration of new voters. Similarly, Republicans have pushed to purge voter rollsand are preparing to send pollwatchers to certain precincts.[[9]]

Impediments to voter registration

Laws or administrative practices have made it more difficult for people to register to vote. In 2011, the state of Florida imposed a short deadline for the submission of voter registration forms, with stiff penalties for late filing.[1] The bill led to the end of voter registration work by one organization, the League of Women Voters, whose spokesperson said, "Despite the fact that the League of Women Voters is one of the nation’s most respected civic organizations, with a 91-year history of registering and educating voters, we will be unable to comply with the egregious provisions contained in [this bill]."[2][[1]]

Here we will look at Photo ID laws



Photo ID laws require voters to present a government-approved photo ID before they may cast their ballots. Countries including Belgium, Spain, Greece, Italy, Malta,[3] and seven US states have such laws, including Indiana and Georgia.[4][dead link] [[1]]


Unlike in the United States, national identification is commonplace in these European nations and a longstanding infrastructure exists to ensure all voters are issued identification at no cost.[3][[1]]



Supporters of photo ID laws contend that the photographic IDs (such as driver's licenses or student IDs (in some states) from state schools) are nearly universal, and that presenting them is a minor inconvenience when weighed against the possibility of ineligible voters affecting elections.[[1]]

Opponents argue that photo ID requirements disproportionately affect minority, handicapped and elderly voters who don't normally maintain driver's licenses, and therefore that requiring such groups to obtain and keep track of photo IDs that are otherwise unneeded is a suppression tactic aimed at those groups.[5] [[1]]

Indiana's photo ID law barred twelve retired nuns in South Bend, Indiana from voting in that state's 2008 Democratic primary election. The women lacked the photo IDs required under a state law that was upheld by the U.S. Supreme Court in April 2008. John Borkowski, a South Bend lawyer volunteering as an election watchdog for the Lawyers' Committee for Civil Rights Under Law, said, "This law was passed supposedly to prevent and deter voter fraud, even though there was no real record of serious voter fraud in Indiana."[6][7] [[1]]


Proponents of a similar law proposed for Texas in March 2009 also argued that photo identification was necessary to prevent widespread voter fraud. Opponents respond that there is no evidence of such voter fraud in Texas, so no remedy is required, especially if such a remedy would decrease voting by senior citizens, the disabled, and lower-income residents. Opponents cited a study asserting that 1 million of the state's 13.5 million registered voters do not have a photo ID.[4][dead link][[1]]


State Sen. Troy Fraser (R-Horseshoe Bay) said, "Voter fraud not only is alive and well in the U.S., but also alive and well in Texas. The danger of voter fraud threatens the integrity of the entire electoral process." Democratic Caucus Chairwoman Leticia Van de Putte (D-San Antonio) said the proposed law "is not about voter fraud. There is no voter fraud. This is about voter suppression." Texas Attorney General Greg Abbott (R) spent $1.4 million investigating voter fraud and from 2002 - 2012 brought 311 accusations of voter fraud to the attorney general's office. 57 cases have been resolved, and among the many convictions were four cases of voter impersonation - arguably the type of fraud that photo ID laws would prevent.[8][9] [[1]]



Legislation to impose restrictive photo ID requirements has been prepared by the conservative organization ALEC and circulated to conservative state legislators.[5] This legislation includes provisions to provide photo IDs free of charge for those who do not currently have them.
In 2011, more than 100 Democratic members of Congress urged the Department of Justice to oppose such legislation, arguing that it "has the potential to block millions of eligible American voters, and thus suppress the right to vote."[10] [[1]]

In 2011, Texas enacted a photo-identification requirement modeled after Indiana's, and provides voter ID cards free of charge so no Texan's voting rights will be affected.[11] [[1]]


PREDICTORS: Lower educated more likely to not vote because of voter suppression. Too much fuss.

Socioeconomic factors significantly affect whether or not individuals develop the habit of voting. The most important socioeconomic factor affecting voter turnout is education.[[2]]

The more educated a person is, the more likely he or she is to vote, even controlling for other factors that are closely associated with education level, such as income and class. Income has some effect independently: wealthier people are more likely to vote, regardless of their educational background. There is some debate over the effects of ethnicity, race, and gender. In the past, these factors unquestionably influenced turnout in many nations, but nowadays the consensus among political scientists is that these factors have little effect in Western democracies when education and income differences are taken into account.[23] [[2]]

However, since different ethnic groups typically have different levels of education and income, there are important differences in turnout between such groups in many societies. Other demographic factors have an important influence: young people are far less likely to vote than the elderly; and single people are less likely to vote than those who are married.[citation needed] Occupation has little effect on turnout, with the notable exception of higher voting rates among government employees in many countries.[23] [[2]]

Michigan 2008 VOTER SUPPRESSION REVERSED IN COURT


Prior to the 2008 United States Presidential Election, on September 16, 2008, Obama legal counsel announced that they would be seeking an injunction to stop an alleged caging scheme in Michigan wherein the state Republican party would use home foreclosure lists to challenge voters still using their foreclosed home as a primary address at the polls.[38] Michigan GOP officials called the suit "desperate."[39] A Federal Appeals court ordered the reinstatement of 5,500 voters wrongly purged from the voter rolls by the State:[37] [[1]]

High voter turnout is often considered to be desirable, though among political scientists and economists specialising in public choice, the issue is still debated.[14] A high turnout is generally seen as evidence of the legitimacy of the current system. Dictators have often fabricated high turnouts in showcase elections for this purpose. For instance, Saddam Hussein's 2002 referendum was claimed to have had 100% participation.[15] [[2]]

Personally  I do not want 100% voter registration and 100%turnout. Let the population select its own equilibrium. We are better off for it. But thats another story.

Opposition parties sometimes boycott votes they feel are unfair or illegitimate, or if the election is for a government that is considered illegitimate. For example, the Holy See instructed Italian Catholics to boycott national elections for several decades after the creation of the State of Italy.[16] In some countries, there are threats of violence against those who vote, such as during the 2005 Iraq elections, an example of voter suppression. However, some political scientists question the view that high turnout is an implicit endorsement of the system. Mark N. Franklin contends that in European Union elections opponents of the federation, and of its legitimacy, are just as likely to vote as proponents.[17][[2]]

Ease of voting

Ease of voting is a factor in rates of turnout. In the United States and most Latin American nations, voters must go through separate voter registration procedures before they are allowed to vote. This two-step process quite clearly decreases turnout. U.S. states with no, or easier, registration requirements have larger turnouts.[47] Other methods of improving turnout include making voting easier through more available absentee polling and improved access to polls, such as increasing the number of possible voting locations, lowering the average time voters have to spend waiting in line, or requiring companies to give workers some time off on voting day[which?]. In some areas, generally those where some polling centres are relatively inaccessible, such as India, elections often take several days. Some countries have considered internet voting as a possible solution. In other countries, like France, voting is held on the weekend, when most voters are away from work. Therefore, the need for time off from work as a factor in voter turnout is greatly reduced.[[2]

Many countries have looked into internet voting as a possible solution for low voter turnout. Some countries like France and Switzerland use internet voting. However, it has only been used sparingly by a few states in the US. This is due largely to security concerns, although the US Department of Defense has been looking into making internet voting secure. The idea would be that voter turnout would increase because people could cast their vote from the comfort of their own homes. The United States is looking into implementing this plan slowly, and it would happen state by state.[48] [[2]

As we learned in 2000, we need boots on the ground to make sure that voters are allowed to vote. Day-of-election suppression was rampant in 2000, and might be again this year, especially in battleground states -- and battleground counties.[[8]]

I am doing my part as an attorney in three elections I have taken the day off and worked at a voting precinct for Election Protection. I will do the same in 2008.

I hope that my  actions will help show those passing voter-suppression laws, that Americans believe in a fair and just system much more than gaming this great gift, the vote, we inherited from our ancestors.[[SEE 8]]

ITS WORTH THE FUSS!

SOURCES
[[1]]

http://en.wikipedia.org/wiki/Voter_suppression

[[2]]
http://en.wikipedia.org/wiki/Voter_turnout

[[3]]

http://www.policymic.com/articles/16009/voter-suppression-laws-overturned-in-battleground-states-a-win-for-the-american-people-and-obama

[[4]]
http://www.businessweek.com/news/2012-10-05/obama-campaign-wins-at-appeals-court-on-ohio-early-voting

[[5]]
http://067.housedems.com/news/article/house-dems-oppose-bills-aimed-at-suppressing-voter-turnout

[[6]]
http://www.huffingtonpost.com/2012/10/02/william-louis-dreyfus-rich-voter-suppression_n_1932878.html

[[7]]
http://www.huffingtonpost.com/news/voting-rights

[[8]]
http://www.huffingtonpost.com/majora-carter/vote-for-obamabecause-the_b_1943819.html?utm_hp_ref=voting-rights

[[9]]
http://www.huffingtonpost.com/2012/10/04/voter-suppression-william-louis-dreyfus_n_1936966.html?utm_hp_ref=voting-rights

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