Monica Conyers challenges Wayne County clerk's decision on election eligibility
Former Detroit City Council President Monica Conyers is continuing a push to get on the August ballot, despite the county clerk determining her ineligible.
In a new lawsuit, Conyers is challenging Wayne County Clerk Cathy Garrett's decision to block the disgraced councilmember from appearing on the ballot for the seat of county executive. The decision was based on a state law that bars public officeholders convicted of a felony with a breach of public trust from holding office at the state and local levels for 20 years.
In the complaint, filed Thursday in U.S. District Court in Detroit, Conyers' attorney argued that Garrett acted outside of her constitutional duty by deeming Conyers ineligible and violated her rights to due process.
"(Garrett's) actions effectively prohibited Conyers from having her name placed on the upcoming ballot which is a brazen denial of access to the ballot and this violation immediately injures Conyers and will continue to injure Conyers in the future in the absence of relief from this court," reads the lawsuit, filed by Rice Law attorney Pamela Campbell.
Campbell did not answer calls from the Free Press on Friday afternoon.
In 2009, Conyers pleaded guilty to using her position on council and a city pension fund board to solicit bribes from businessmen seeking city contracts or pension deals. The law Garrett cited in her decision to block Conyers from the ballot, was amended in 2010 with what is fondly referred to as the Kwame Amendment.
Campbell writes that to hold Conyers to the 20-year ban would violate a clause in the United States Constitution that prohibits federal and state governments from passing laws that retroactively criminalize behavior. She also argues that public officials who have been charged since the passing of the Kwame Amendment had the opportunity to facilitate agreements for lesser charges and thereby avoid being subjected to the ban.
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"The prohibitions on ex post facto laws assure that legislative acts give fair warning of their effect and permit individuals to rely on their meaning as well as prevent the government from imposing arbitrary and vindictive legislation," the filing reads, with emphasis on "arbitrary and vindictive."
In response to the challenges against her bid for county executive, Campbell argued that the challenges were premature and nothing in the law prohibits Conyers from running, as the law only addresses holding office. However, while striking down Conyers' eligibility, Garrett determined that according to the law, ineligible for election also means ineligible to be placed on a ballot.
Campbell wrote in the Thursday filing that Conyers completed the necessary steps to have her name appear on the ballot, in accordance with what the county clerk requires, and to deny her the opportunity violates her rights.
"The requirement created by the constitutional amendment after Conyers’ conviction disenfranchises her of her right to be considered for public service and disenfranchises the electors of Wayne County, the City of Detroit, and surrounding areas of their right to vote for her or any other person similarly situated as a candidate for nomination," the filing reads.
In addition to the lawsuit, Conyers' attorney also filed a motion for a temporary restraining order or preliminary injunction against Garrett to prohibit the clerk from denying her from appearing on the August ballot.
Contact Miriam Marini: mmarini@freepress.com
This article originally appeared on Detroit Free Press: Monica Conyers files federal lawsuit to appear on August ballot
