Matt Helms, and Paul Egan

Detroit Free Press

Political activist Robert Davis can proceed with recall efforts against Gov. Rick Snyder and Detroit Mayor Mike Duggan after he prevailed in a federal lawsuit.

U.S. District Judge Judith Levy ruled today that the Michigan Board of State Canvassers arbitrarily and capriciously rejected Davis’ petition that seeks a recall of Snyder over his handling of the Flint water crisis. Davis, who recently spent more than a year in federal prison after he was convicted of embezzling $200,000 from the Highland Park schools, sued the board in February.

In the same lawsuit, Levy issued an oral ruling from the bench that Davis may proceed with the recall effort against Duggan, said Andrew Paterson, the Novi lawyer representing Davis. A lawyer for Wayne County declined comment pending a written ruling on the matter.

Convicted activist Robert Davis sues over rebuff of Snyder recall

Davis filed recall petitions in September against Duggan, citing his hiring of two top administrators – Department of Neighborhoods Director Charlie Beckham and Corporation Counsel Melvin (Butch) Hollowell – despite their brushes with the law.

Beckham served 21 months in federal prison after he was convicted in 1984 of taking a $16,000 bribe to arrange a sludge-hauling contract when he was the director of the Detroit Water and Sewerage Department. Beckham never admitted to the crime and maintained that he was a fall guy in overzealous federal investigations of then-Mayor Coleman Young.

Hollowell was ticketed by Wayne County Sheriff’s deputies in August 2004 on a misdemeanor charge of receiving and admitting another for an act of prostitution. Hollowell denied the charge, which was later dismissed when a judge ruled that sheriff’s deputies were not authorized to write prostitution tickets in the city.

Davis would need to gather 41,271 valid signatures from registered Detroit voters to get a mayoral recall election on the ballot. It wasn't immediately clear what the deadline for collecting those signatures would be.

Duggan’s chief of staff, Alexis Wiley, declined to address the issue raised by Davis.

Starting a recall is “a right provided to him through our democratic system” Wiley said.

Paterson said he expects Davis' efforts will be backed by "substantial grassroots support," but said he wasn't aware of particular financial contributors.

Although Detroit-area Rev. David Bullock began circulating a Snyder recall petition on March 27, Davis wants to circulate his own petition, Paterson said.

To get a Snyder recall on the ballot, organizers have 60 days to gather 790,000 valid signatures.

Snyder spokesman Ari Adler said that, while it’s a citizen’s right to start a recall petition, Snyder “is focusing his energy on helping the people of Flint and making sure that the crisis that occurred in Flint can never happen again in Michigan.”

Though only a preliminary injunction, Levy’s ruling could give direction to the bipartisan board of canvassers that has been reluctant to approve the language of many recall petitions since state lawmakers amended the law to require petitions to be clear and factual.

Paterson said recall petitions are “core political speech” protected by the First Amendment and almost any language should be permitted unless it is completely absurd. Paterson thinks the state law is unconstitutional on its face but Levy wants more legal arguments before she makes a ruling on that question, he said.

Paterson said Michigan’s law is an “incumbent protection law,” designed to keep sitting lawmakers from being thrown out by voters.

Fred Woodhams, a spokesman for Secretary of State Ruth Johnson, said the lawsuit was against the canvassers board, which is independent from Johnson's department, "but right now we're reviewing the practical effect of the judge's order."

Contact Matt Helms: 313-222-1450 or mhelms@freepress.com. Follow him on Twitter: @matthelms.