Michigan AG’s office said Dearborn wards proposal is ‘defective’

• AG Dana Nessel’s workplace mentioned in a Sept. 15 letter to Gov. Gretchen Whitmer that the Dearborn chapter proposal is “faulty” and “legally inadequate.”
• The Dearborn borough’s proposal is up for a vote in November, Dearborn Metropolis Clerk George Darany mentioned.
• In September, a lawsuit was filed by Dearborn Desires Wards in opposition to the Dearborn clerk to get the division’s proposal up for a vote.

Michigan Legal professional Common Dana Nessel’s workplace criticized the Dearborn division’s proposal as “flawed” in a September letter to Gov. Gretchen Whitmer, however the controversial proposal continues to be up for a vote after a lawsuit was filed by proponents of the plan to increase the Metropolis Council to 9 seats representing particular areas. The AG’s objections to the proposal could have come too late to cease the printing of ballots with the proposal on them, an official mentioned.

If voters approve the division’s proposal, the case might find yourself in court docket in Wayne County after the election, with arguments being made to invalidate the proposal.

Supporters of the neighborhood plan say it might enhance democracy and illustration, particularly in lower-income areas, whereas opponents say it’ll divide town. Dearborn Mayor Abdullah Hammoud has not publicly expressed assist for the district proposal.

Nessel’s workplace reviewed Dearborn’s poll proposal in an advisory position to Whitmer. In a three-page letter despatched to Whitmer on September 15, Assistant Legal professional Common Patrick Fitzgerald wrote that Dearborn’s proposal is “an apparently flawed petition.” Fitzgerald mentioned the “petition…is legally inadequate – ​​as a result of the proposal makes an attempt to bundle a number of, unrelated constitution modifications into one proposal.”

Fitzgerald mentioned the division’s proposal would “have an effect on greater than 20 totally different sections of the constitution and covers quite a lot of matters.” To adjust to state regulation, the proposal must be break up into a number of poll questions, which town isn’t allowed to do, he mentioned.

“Town doesn’t have the authority to separate an excessively broad petition into a number of poll questions and subsequently town clerk might have dismissed the petition for failure to adjust to the HRCA,” Fitzgerald wrote, referring to the Residence Rule Cities Act.

A spokesperson for Wayne County Clerk Cathy Garrett, Dorian Tyus, confirmed to the Free Press on Tuesday, October 7, that the division’s proposal is up for a vote in Dearborn. Absentee ballots for Dearborn residents had been accessible beginning Sept. 25, town mentioned on Sept. 26.

“The Wayne County Clerk has no say within the placement of native citizen-led initiatives,” Tyus mentioned. “September 15 can be too late to take away the poll query from the poll as a result of the UOCAVA (navy and abroad) ballots had been due on September 20.” UOCAVA refers back to the Absentee Voting Act for Uniformed and Abroad Residents.

There was some authorized wrangling in Wayne County Circuit Court docket in current weeks between town of Dearborn and Dearborn Desires Wards, a bunch that advocates for departments that filed swimsuit in opposition to Dearborn Metropolis Clerk George Darany in September, asking that the district proposal be positioned on the poll.

A tentative settlement was reached between Dearborn Desires Wards lawyer Mark Brewer, former chairman of the Michigan Democratic Celebration, and Dearborn Metropolis Legal professional Jeremey Romer, permitting the proposal to go to a vote. But when voters approve it, the difficulty will go earlier than Wayne County Circuit Decide John Gillis Jr., who will then rule on the legality of the proposal, with a standing convention set for no later than Nov. 18. Some residents have puzzled why voters are deciding on a proposal that would later be declared invalid after the election outcomes.

If voters approve the Dearborn division’s proposal, “implementation of the proposal by the Metropolis of Dearborn can be suspended pending closing decision of the authorized query of whether or not the proposal complies with the Residence Rule Metropolis Act,” in line with a replica of the tentative settlement. Brewer mentioned “the agreed upon order” has been submitted to Gillis and “we’re awaiting its entry.”

Brewer disagreed with the letter’s declare that the proposal is “flawed.”

“The proposal isn’t flawed — it’s totally according to the regulation,” Brewer instructed the Free Press. “Neither the AG nor the governor have the authority to maintain it off the poll.”

It’s unclear whether or not Whitmer supported or opposed the AG workplace’s suggestion to reject Dearborn’s proposal. Her workplace didn’t return messages looking for clarification on their place. Petitions initiated by resident signatures, as was the case with this proposal, can nonetheless be put to the vote despite the governor’s objection, in line with the Michigan Municipal League.

“Municipalities looking for a poll initiative petition submit their petition to the governor’s workplace, which requests our overview,” Danny Wimmer, Nessel’s press secretary, instructed the Free Press. “This overview is meant to adjust to state regulation and the Residence Rule Metropolis Act (HRCA). On this matter, we accomplished our overview and offered it to the Governor’s workplace on September 15.”

Hassan Abbas, a spokesman for town and Hammoud, didn’t return a message from the Free Press looking for clarification on what letter or messages Whitmer could have despatched to town concerning the district’s proposal.

Gary Woronchak, a former state consultant for Dearborn and former chairman of the Wayne County Fee, opposes the division’s proposal and agrees with the letter.

“It has been clear to me for a while that this proposal is flawed,” Woronchak instructed the Free Press. “I believe this query is a large number and the AG’s workplace in the end said that it shares my views. Nonetheless, by the point the letter was despatched, voting was already underway.”

In 2023, neighborhood advocates in Dearborn tried to persuade town constitution fee to vary town code to create council wards, however this was rejected on a 5-4 vote.

The proposal

Right here is the division’s proposal because it seems on the poll, in line with a replica offered by Darany.

PROPOSAL 1: PROPOSED CHANGES TO THE CHARTER TO PROVIDE A GOVERNMENT SYSTEM FOR THE LEGISLATIVE BODY

Constitution amendments to offer for a nine-member metropolis council, with seven members elected from the districts and two members elected at giant; to ascertain an 8-member Metropolis Redistricting Fee to create council districts after every census which can be of equal inhabitants density, compact and contiguous, and allow communities of curiosity; to offer for the election by the Council of a Chairman of the Council and a President Professional Tem; filling vacancies amongst members of the Council; and require metropolis constitution commissioners to be elected from Council districts.

Will sections 6.1, 6.4-6.20, 7.3 and 12.3 of the Dearborn Metropolis Constitution be amended as defined above?

Letter relating to the Dearborn Division’s proposal

Here’s a copy of the September 15, 2025 letter that Michigan Legal professional Common Dana Nessel’s workplace despatched to Governor Gretchen Whitmer’s workplace opposing the language of the Dearborn division’s proposal, calling it “flawed.”

Contact Niraj Warikoo: nwarikoo@freepress.com, X @nwarikoo or Facebook @nwarikoo