The absence of Gov. Gretchen Whitmer and five state officials able to serve as acting governor is raising constitutional questions about who’s running Michigan, though the governor is unconcerned.
Whitmer is spending this week hyping Vice President Kamala Harris at the Democratic National Convention in Chicago, as is Lt. Gov. Garlin Gilchrist, Secretary of State Jocelyn Benson, Attorney General Dana Nessel, Senate Majority Leader Winnie Brinks, and Speaker of the House Joe Tate.
The Michigan Constitution requires the governor to delegate her authority to one of the state’s five highest elected officials when absent from the state, but it’s unclear who that would be.
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Former Michigan Democratic Party chair Mark Brewer noted the absences in a post to X that questioned “who’s the acting governor?”
If Michigan’s top 4 elected executive officials are in Chicago who’s the acting governor? https://t.co/FMSxxoW4Dg
— Mark Brewer (@MarkBrewerDems) August 20, 2024
“I asked @LtGovGilchrist when we canvassed Negaunee last week,” state Rep. Jennifer Hill, D-Marquette, posted in response. “He told me they talked about it and its Director Eubanks.”
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Hill has since deleted her post.
State Treasurer Rachael Eubanks is the first in a list of five individuals Whitmer designated in 2019 to succeed her in the event of an emergency, and the five other elected officials cannot step up, The Detroit News reports.
State Rep. Bryan Posthumus, R-Cannon Township described the situation as a “constitutional crisis” and likened it to the nonchalant approach from the Democratic majority in the state legislature to addressing Michigan’s pressing problems.
“This isn’t the first time that Gov. Whitmer has ignored the state constitution; the Michigan Supreme Court ruled that Whitmer exceeded her authority during covid,” Posthumus said, referring to a Supreme Court ruling that said Whitmer issued unconstitutional lockdown orders. “I don’t think too many people are going to care that the governor and the entire line of succession left Kevin home alone. The bigger issue is that the governor has been spending an awful lot of time out of state promoting her book and politicking instead of working on issues like inflation.”
Democrats adjourned for a summer break in June and are not scheduled back until September. House Democrats scheduled only 27 session days for the last half of 2024.
“There are really critical things at stake now in Michigan,” Posthumus said. “The Supreme Court just put down a ruling that could decimate the entire service industry.”
Whitmer is not concerned. She told The News at the Chicago convention on Wednesday that she’ll simply come home if the state needs her attention.
“I am the governor. I’m always the governor of Michigan. It’s 24/7,” Whitmer said. “Obviously, if there is something official that needs to be done I can get back over the state line in about an hour.”
Whitmer denied that Eubanks is currently in charge.
“Whitmer, when asked if Eubanks was intended to be acting governor during the Democratic National Convention, said she was not,” The News reports.
Steven Liedel, a former legal counsel for Gov. Jennifer Granholm, suggested Posthumus’ constitutional concerns are unfounded, alleging the line of succession for the governor is only necessary when official duties are required.
“There’s nothing that says someone needs to be vested at all times,” Liedel said.
“She’s in Chicago,” he told The News. “All she has to do is take a plane, a car, a bus or train and the moment she crosses into Michigan, she can exercise any of the powers of governor.”
Brewer also argued the concerns were “silly,” despite raising the question this week.
The Michigan Constitution states, “If the governor or the person in line of succession to serve as governor is absent from the state, or suffering under an inability, the powers and duties of the office of the governor shall devolve in order of precedence until the absence or inability giving rise to the devolution of powers ceases.”
Republicans’ concerns about the service industry and other issues in Michigan are significant for about 40,000 to 60,000 who could lose their job as a result of the Supreme Court’s July 31 ruling that will require employers to offer paid sick leave and transition tipped workers to minimum wage beginning next year.
The Michigan Restaurant and Lodging Association has warned 20% of restaurants will close, 92% will hike prices, and 68% will lay off employees as a result of the ruling, prompting Republican legislative leaders to urge Democrats to head back to Lansing to mitigate the damage.
“Lansing Democrats should stop hiding and come to the table, work together with Republicans, find a bipartisan solution, and protect Michigan jobs,” Jeremiah Ward, spokesman for House Republican Leader Matt Hall, told MLive. “That starts with protecting tipped wages for restaurant servers who will see smaller paychecks under this unfair ruling.
“The clock is ticking, and the Legislature shouldn’t leave struggling workers and small businesses hanging until after the election just to find out if they’ll be able to survive.”
“Senator Nesbitt made it very clear that the Republican caucus was ready and willing to come back to town and address this disastrous decision from the Supreme Court,” said Jeff Wiggins, press secretary for Senate Republican Leader Aric Nesbitt. “Why Governor Whitmer and the Democrat majorities refuse to act at this time is something you’ll have to ask them. We’re ready to get to work to save Michigan jobs.”
So far, Democratic leaders including Whitmer, House Speaker Joe Tate, D-Detroit, and Senate Democratic Leader Winnie Brinks, D-Grand Rapids, have done nothing to address the situation.
A Whitmer spokesperson told MLive the governor’s team is still reviewing the ruling, while it’s the same from Brinks.
Tate conceded Democrats have no clear plan to address the fallout, but alleged they plan to meet with folks “over the next several weeks” to develop one, according to the news site.