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Topic: GOOD MORNING FLINT! SOCIAL MEDIA education group formed
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00SL2
F L I N T O I D

Naming the children started with Plaintiff herself who is a licensed attorney (not to mention who has also run for a judical position here in Genesee County herself). Children's identity should not be revealed in public court files, and this case should have been suppressed from the beginning. It would appear plaintiff has accomplished her intent of making her private and personal life a public scandal. How sad for all concerned.

It's also a bit unusual that she as mother of the children notarized the signature of the "father" on the acknowledgment of paternity.

The acknowledgment of paternity provides custody goes to mother ....
Post Fri Sep 21, 2012 8:12 pm 
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untanglingwebs
F L I N T O I D

Conduct unbecoming of a judge.
We hold Judges to a higher standard.
Children are often named in very messy divorces and other civil actions-Fonger did not name the children although their names are in the prooofs.

SCANDAL: MI JUDGE DISROBES FOR PICTURE, PROUDLY SENDS IT TO BAILIFF


A Michigan judge who handles cases involving sexual misconduct and pornography is at the center of a scandal after he sends out a racy picture of himself. He doesn’t see much problem with it – in fact, he thinks he looks pretty fly.
FOX News Radio’s Jennifer Keiper has more:



Wayne County, Michigan Judge Wade McCree is handed a picture of a man holding a cell phone in front of a mirror, wearing nothing from the waist up.

(McCree) “Hotdog! Yep, that’s me!”

Judge McCree basically says he’s sexy and he knows it.

(McCree) “There’s no…shoot!…no, no shame to my game. I ain’t talking to nobody else’s wife. Shoot!”

The husband of the court employee who received the picture on her cell phone is less than thrilled. His voice disguised, he tells the Detroit FOX station:

(Bailiff’s Husband) “What kind of man would send this to a married woman, knowing that he’s a married man, himself?”

A complaint is being filed with the prosecutor and the Judicial Tenure Commission. Judge McCree says:
(McCree) “Oh yea, I’ve sent that out to other women, sure. There’s nothing nude about it. I am in no more clothes than I’ll be at the Y when I swim my mile.”

Jennifer Keiper, FOX News Radio.
Post Fri Sep 21, 2012 10:45 pm 
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untanglingwebs
F L I N T O I D

This is a Judge who rules on the moral character of others. Therefore his moral character is also open to scutiny.
Post Fri Sep 21, 2012 11:08 pm 
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terrybankert
F L I N T O I D

Paternity- Love me now or pay me later.

In Paternity Cases the Judgement of Filiation is the controlling court order.The Friend of Court recieves and disburses payments in the same manner as divorce cases and acts on requests for enforcement.

The State Court Administrative Office has developed mandatory guidelines for determining Child Support State Wide The variables are the number if children, the incomes of the parents, and the number of overnight visits each parent spends with each parent. CHILD SUPPORT Calculations are readily available to every attorney.

http://goodmorningflint.blogspot.com/2012/09/goid-morning-flint.html

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Post Sat Sep 22, 2012 7:13 pm 
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terrybankert
F L I N T O I D

WHAT DO GENESEE COUNTY JUDGE ARCHIE HAYMAN AND POP STAR JUSTIN BIEBER HAVE IN COMMON?

Justin Bieder The pop star told his Twitter followers that he's even addressing the paternity suit brought against him in late 2011. [13]

For Judge Hayman he is challenging paternity to two children .A hearing date in Oakland County, where the case was transferred, has been set for Oct. 10.[1]

This article assembled here by Terry R. Bankert a Flint MI Divorce, Bankruptcy and Paternity Lawyer. 810-235-1970

Ketchmark said Hayman is required to seek revocation of the affidavits of parentage before the court can consider DNA testing.[11]


Genesee Circuit Judge Archie Hayman wants DNA testing to determine whether he is the father of two children born out of wedlock.
And he wants the results of that paternity testing sealed from public view.[11]

But the Flint attorney suing the judge for more than $4 million in child support and other damages says not so fast.[11]

Flint attorney Denise Ketchmark opposed both of Hayman's requests in filings today, responding to a flurry of motions filed by Hayman's attorney in Genesee Circuit Court Wednesday. [11]


Our society has changed and the law changes with it. The number of nonmarital births in recent decades has led to an increased focus on the fathers of these children. Many of these alleged ( reputed or putative) fathers of nonmarital children ( children declared to be born out of wedlock) seek recognition of their legal rights and expanded roles in the upbringing of their children.[1] Some do not.


CHIPPING AWAY

These legal rights are now expanded through new laws like Michigans PA 159 MCL 722.1431 chip away at the presumption the husband is the father or that if you sign an acknowledgement of paternity you have assumed fatherhood forever.


A child now could be trapped in litigation to determine paternity. Newly born children could be subjected to tests to establish their legitimacy, with the slightest challenge to the child's legitimacy resulting in the administration of these tests and protracted legal proceedings. All the while, the child is in "legal limbo."[10] I think the court will work had to keep this from happening to children the focus of a paternity litigation.


Michigan has recently enacted legislation to increase the rights of putative or alleged fathers and to allow acknowledged father sto sidestep responsibility in Public Act 159 MCL 722.1431 et al.

That prior to June 12 2012 Actions under the Paternity Act Could only be brought by the mother; the father; a child who became 18 years old after August 15, 1984, and before June 2, 1986; or, in certain circumstances, the DHS. MCL 722.714(1). MCL 722. 1431 et al added new classifications

That the history of the Paternity Act and the older bastardy act is one of confusion concerning the civil, criminal, or quasi-criminal nature of the proceedings. See Romain v Peters, 9 Mich App 60, 155 NW2d 700 (1967). However, a paternity action is generally considered to be civil in nature. Bowerman v MacDonald, 431 Mich 1, 427 NW2d 477 (1988).

In law, paternity is the legal acknowledgment of the parental relationship between a man and a child usually based on several factors. [12]

At common law, a child born to the wife during a marriage is the husband's child under the "presumption of legitimacy", and the husband is assigned complete rights, duties and obligations as to the child. The presumption, however, can be rebutted by evidence to the contrary, at least prior to a formal court ruling involving the putative paternity (often this is a decree of divorce, annulment, or legal separation). Jurisdictions differ widely on when a judgment establishing paternity or a support obligation based on the presumption can be set aside on the grounds that the husband was not in fact the father.
In the case of an unwed mother, a man may come forward and accept the paternity of the child, the mother may petition the court for a determination, or paternity can be determined by estoppel over time.[12]


Ketchmark has asked that the judge deny Hayman's request for DNA testing, saying he waived the right to blood or genetic tests to determine if he is the biological father when he signed the affidavits of parentage.[11]



THAT MCL 722.1431 generally cited as the "revocation of paternity act" gives standing in these revoking paternity causes to the acknowledged father and authorizes the court to review and revoke the paternity of the minor child.

The judge has not admitted paternity in any filings tied to the lawsuit and his attorney has told The Flint Journal, “We’re real confident at least one of the children is going to turn out not to be his biological child."[11]



THAT 722.1443 Sec. 13.(2)generally authorizes a court to Revoke an acknowledgment of parentage.


MOVING PARTY IS MOVANT


THAT MOVANT IN THE HAYMAN CASE IS A 722.1433 Sec. 3.(1) generally. "Acknowledged father" which means a man who has affirmatively held himself out to be the child's father by executing an acknowledgment of parentage under the acknowledgment of parentage act, 1996 PA 305, MCL 722.1001 to 722.1013.

THAT generally the burden of Clear and Convincing evidence is on the Movant .


ACKNOWLEDGED FATHER SECTION SEVEN

THAT the acknowledged father has held himself out to be the the child's father by executing and acknowledgement of paternity .

THRESHOLD FOR REVOKING ACKNOWLEDGEMENT OF PARENTAGE

THAT 722.1437 Sec. 7 (1)generally. The acknowledged father, may file an action for revocation of an acknowledgment of parentage. An action under this section shall be filed within 3 years after the child's birth or within 1 year after the date that the acknowledgment of parentage was signed, whichever is later. The requirement that an action be filed within 3 years after the child's birth or within 1 year after the date the acknowledgment is signed does not apply to an action filed on or before 1 year after the effective date of this act 06/12/2012.

THAT 722.1437 Sec. 7 (2) generally an action for revocation of an Acknowledgement of Paternity under this section shall be and is supported by an affidavit signed by the movant filing the action that states facts that constitute 1 of the following which the movant argues happened and will prove:


(a) Mistake of fact.




(b) Newly discovered evidence that by due diligence could not have been found before the acknowledgment was signed.




(c) Fraud.




(d) Misrepresentation or misconduct.




Hayman claims in a court filing that the affidavits were obtained "because (Ketchmark) hid the truth of the children's paternity" and were obtained by misconduct and duress.[11]






(e) Duress in signing the acknowledgment.



THAT 722.1437 Sec. 7 (3) generally.If the court in an action for revocation under this section finds that an affidavit under subsection (2) is sufficient, the court shall order blood or tissue typing or DNA identification profiling as required under section 13(5).

THAT in 722.143 Sec 7 (3) generally the person filing the action has the burden of proving, by clear and convincing evidence, that the acknowledged father is not the father of the child.

IF THE MOVANT PREVAILS


THAT IN 722.1437 Sec. 7 (4) generally the clerk of the court shall forward a copy of an order of revocation entered under this section to the state registrar. The state registrar shall vacate the acknowledgment of parentage and may amend the birth certificate as prescribed by the order of revocation.

ORDERING OF DNA TEST SHALL BE ORDERED UNDER THIS ACT

THAT IN 722.1443 Sec. 13.(5) generally the court shall order the parties to an action or motion under this act to participate in and pay for blood or tissue typing or DNA identification profiling to assist the court in making a determination under this act. Blood or tissue typing or DNA identification profiling shall be conducted in accordance with section 6 of the paternity act, 1956 PA 205, MCL 722.716.

THAT THE DNA TESTING IS NOT BINDING

THAT IN 722.1443 Sec. 13.(5) generally the results of blood or tissue typing or DNA identification profiling are not binding on a court in making a determination under this act.



COURT ACTION AVAILABLE AFTER THRESHOLD MET
.

THAT IN 722.1443 Sec. 13.(2)generally an action filed under this act authorizes the court to do any of the following:


(a)THAT the court is authorized to Revoke an acknowledgment of parentage.See 722.1443 Sec. 13.(2)(a)




(d) THAT the court is authorized to make here a Determination of Paternity and enter an order of Filiation as provided for under section 7 of the paternity act, 1956 PA 205, MCL 722.717. See 722.1443 Sec. 13.(2) (d)



MCL 722.1443 Sec. 13.(3)generally. A judgment entered under this act does not relieve a man from a support obligation for the child or the child's mother that was incurred before the action was filed or a person from seeking relief under applicable court rules to vacate or set aside a judgment.


COURT MAY DECIDE TO NOT REVOKE PATERNITY BUT BECASUE OF THE STATUTES CLUMSY WORDING THIS DOES NOT CLEARLY APPLY TO ACKNOWLEDGEMENT.

THAT IN 722.1443 Sec. 13.(4)generally. A court may refuse to enter an order setting aside a paternity determination or determining that a child is born out of wedlock if the court finds evidence that the order would not be in the best interests of the child.

THAT IN 722.1443 Sec. 13.(4) generally.The court shall state its reasons for refusing to enter an order on the record.

THAT IN 722.1443 Sec. 13.(4)generally.The court may consider the following factors in deciding to not revoke paternity:


(a) Whether the presumed father is estopped from denying parentage because of his conduct.




(b) The length of time the presumed father was on notice that he might not be the child's father.




(c) The facts surrounding the presumed father's discovery that he might not be the child's father.




(d) The nature of the relationship between the child and the presumed or alleged father.




(e) The age of the child.




(f) The harm that may result to the child.




(g) Other factors that may affect the equities arising from the disruption of the father-child relationship.




(h) Any other factor that the court determines appropriate to consider.







PREPARED BY
Terry R, Bankert P.C.
Attorney at Law P49048
1000 Beach St.
Flint MI 485903
tel.1-810-235-1970\Http://www.attorneybankert.com




[1]
Child Welfare Information Gateway
Children’s Bureau/ACYF
1250 Maryland Avenue, SW
Eighth Floor
U.S. Department of Health and Human Services
Administration for Children and Families
Washington, DC 20024
Administration on Children, Youth and Families 703.385.7565 or 800.394.3366
Children’s Bureau Email: info@childwelfare.gov
www.childwelfare.gov

[2]
Michigan Family Law Benchbook ch 10 (ICLE 2d ed 2006), at

http://www.icle.org/modules/books/chapter.aspx/?lib=family&book=2006553550&chapter=10

(last updated 07/06/2012).

[3]4-30 Child Custody and Visitation § 30.02 Child Custody and Visitation
Copyright 2012, Matthew Bender & Company, Inc., a member of the LexisNexis Group.
CHAPTER 30 RIGHTS OF PUTATIVE FATHERS TO CUSTODY AND VISITATION
4-30 Child Custody and Visitation § 30.02

[4]

CHAPTER 64 ADOPTION LAW, PROCEDURE AND PRACTICE * , 6-64 Family Law and Practice § 64.15, § 64.15 Challenges by Birth Parents, Family Law and Practice Copyright 2012, Matthew Bender & Company, Inc., a member of the LexisNexis Group.

[5]

6-63 Family Law and Practice § 63.09 Family Law and Practice
Copyright 2012, Matthew Bender & Company, Inc., a member of the LexisNexis Group.
CHAPTER 63 PATERNITY PROCEEDINGS *
6-63 Family Law and Practice § 63.09

[6]


[7]
Michigan Family Law ch 21 (Hon. Marilyn J. Kelly et al eds, ICLE 7th ed 2011), at

http://www.icle.org/modules/books/chapter.aspx/?lib=family&book=2011553510&chapter=21
(last updated 07/06/2012).
[8]
CHAPTER 63 PATERNITY PROCEEDINGS * , 6-63 Family Law and Practice § 63.02, § 63.02 Preliminary Considerations, Family Law and Practice Copyright 2012, Matthew Bender & Company, Inc., a member of the LexisNexis Group.

[9]
Michigan Family Law Benchbook ch 10 (ICLE 2d ed 2006), at

http://www.icle.org/modules/books/chapter.aspx/?lib=family&book=2006553550&chapter=10
(last updated 07/06/2012).

[10]
4-30 Child Custody and Visitation § 30.02 Child Custody and Visitation

Copyright 2012, Matthew Bender & Company, Inc., a member of the LexisNexis Group.

CHAPTER 30 RIGHTS OF PUTATIVE FATHERS TO CUSTODY AND VISITATION

4-30 Child Custody and Visitation § 30.02
[11]

http://www.mlive.com/news/flint/index.ssf/2012/09/attorney_says_genesee_circuit.html#incart_river_default

[12]
http://en.wikipedia.org/wiki/Paternity_(law)

[13]
http://www.mtv.com/news/articles/1693606/justin-bieber-new-book-just-getting-started.jhtml

_________________
Join in the discussion here at Flint Talk , Face Book, Google Blogger " Good Morning Flint" , Twitter, Blogging For Michgian" and MLIVE.
If you want to be seen ,show up.If you want to be heard, stand up and speak.Do not wait to follow, just lead.
Post Fri Sep 28, 2012 5:14 am 
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terrybankert
F L I N T O I D

Q: Why is the Flint Media not covering this story? Is it not news? So much for the 4th estate, just where is the 5th element when needed?


Flint 68th District Court Candidate GLENN COTTON TARGET OF ISSUED BENCH WARRANT.

68th District Court Candidate Glenn Cotton target of an order by Genesee Probate Judge Jennie Barkey. 10/04/12."IT IS HEREBY ORDERED AND ADJUDGED THAT a bench warrant shall be issued for Attorney Glenn Cotton due to his failure to appear as ordered by this court on August 29,2012. The bench warrant was issued regarding Glen Cotton 10/04/12.

http://goodmorningflint.blogspot.com/2012/10/glenn-cotton-target-of-bench-warrant.html

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Join in the discussion here at Flint Talk , Face Book, Google Blogger " Good Morning Flint" , Twitter, Blogging For Michgian" and MLIVE.
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Post Sat Oct 06, 2012 4:07 am 
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twotap
F L I N T O I D

The media running cover for a political candidate Shocked Im shocked shocked I tell ya. Laughing Didnt hear you whining about the same thing being done for obama the last 5 years. Laughing

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Barack Hussein Obama--- multiple times.
Post Sat Oct 06, 2012 12:45 pm 
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untanglingwebs
F L I N T O I D

quote:
terrybankert schreef:
Q: Why is the Flint Media not covering this story? Is it not news? So much for the 4th estate, just where is the 5th element when needed?


Flint 68th District Court Candidate GLENN COTTON TARGET OF ISSUED BENCH WARRANT.

68th District Court Candidate Glenn Cotton target of an order by Genesee Probate Judge Jennie Barkey. 10/04/12."IT IS HEREBY ORDERED AND ADJUDGED THAT a bench warrant shall be issued for Attorney Glenn Cotton due to his failure to appear as ordered by this court on August 29,2012. The bench warrant was issued regarding Glen Cotton 10/04/12.

http://goodmorningflint.blogspot.com/2012/10/glenn-cotton-target-of-bench-warrant.html


I heard the rumors and was hoping it was not true. I met the family members briefly and hoped the allegations were not true. If true, they are a serious breach of conduct.
Post Sat Oct 06, 2012 5:06 pm 
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terrybankert
F L I N T O I D

STOPPING VOTER SUPPRESSION! IS IT WORTH THE FUSS? YES!
http://flinttalk.com/viewtopic.php?p=67225#67225

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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Post Sun Oct 07, 2012 6:24 pm 
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Dave Starr
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Why not make it really easy? Eliminate all ID rules and voter registration. Just show up, grab a pile of ballots & fill them out. There is a registration card sent to my address for a man that has not lived here in 40+ years. Without the ID rule, I can use that card to vote twice.

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Paddle faster, I hear banjos.
Post Mon Oct 08, 2012 7:13 am 
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twotap
F L I N T O I D

That cant be bankert said their is no problem with voter fraud. Ill bet old Terry would be singing a different tune if he thought for 1 second that requiring voter ID would hamper votes for repubs. Sure tells ya something about just who the democrat party consists of, people to dumb to aquire a legal ID. Laughing

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Barack Hussein Obama--- multiple times.
Post Mon Oct 08, 2012 7:46 am 
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terrybankert
F L I N T O I D

BANKERT PARADIGM by Terry Bankert 810-235-1970 , www.attorneybankert.com
draft #1 10/21/12

I think involvement in the Flint Master Planning three year project is an excellent way to self educated and create a community coalition to take the ideas and decisions from this vehicle to cause real change in Flint and cultivate and grow new community leadership. Let me know if you are interested.

I have a small role in the Flint Master planning project as a member of one advisory committee to a steering committee that reports to the Flint Planning Commission .

With an open mind I am starting here by constructing a set of assumptions and model of decision making for ME in this process. I fully expect to modify my thoughts in this personal paradigm before the three years Master Plan process is completed.

I will use as my foundation text “The City Reader” 3rd edition edited by Richard T. LeGates and Fredric Stout 2003. Within it I will use the article “Planning Sustainable and Livable Cities” by Stephen Wheeler 1998 which is the second to last chapter and and projects thoughts I agree with about how cities should be reorganized using the Flint Master Planning Process.. Additionally I just liked it.

What follows here I do not present as original work . I will cite other sources when used This paper is but an adaptation of the Wheeler article altered with my opinions . My objective is to create for me a paradigm of decision making for use in the Flint Master planning process..

MASTER PLANNING CAN IT MAKE FLINT MICHIGAN A SUSTAINABLE AND LIVABLE CITY?
Draft #1 10/21/2012 by Terry Bankert www.attorneybankert.com


Flint Michigan is the murder capital of the United States with a history of Municipal Financial irresponsibility resulting in two takeovers of the city by the State of Michigan. One still under way. Are we just children and victims that cannot sustain a livable city?

What can we citizens of Flint do to create a better future ?

Reorganize is the logical response. Reorganize the culture of the community, its economics, its politics, its sustainability and its livability.

How can we reorganize?

A tool citizens have is an adequately funded professionally run first rate Master Planning Process.
see overview of the Flint Master Planning Process,
http://goodmorningflint.blogspot.com/2012/10/it-is-your-flint-future-that-is-being.html


You are invited. I suggest an informal group come together. Comprised of citizens formally in the master planning process and some not to learn and monitor the process with the goal of making the conclusions of the group happen. Let us know if you are interested.

Once more my style here is to adopt the Wheeler article to the Flint situation and not present it as my original work. Now on to it.

INTRODUCTION

We know the enormous and exponential growth of the worlds population has a profound and often catastrophic effect on the natural environment of Planet earth. Non-renewable energy sources have been consumed though not yet totally depleted We have been cleared our oxygen giving forests, buffalo slaughtered, species extinguished. Did you know the rainforests are disappearing. Today, many argue that global warming caused by population growth, urbanization, and irresponsible fossil fuels consumed now threaten to cause irreparable damage the climate of the entire world.

We use sustainable to describe a world in which both human and natural systems interact positively to create a more livable city.

How can these elements describe briefly below be used to generate consensus around specific master planning objective.

Some ask can this process avoid cooptation by existing political forces?

I argue lets use this process to bend if not break the stranglehold of old school politics in Flint Michigan. Let us demonstrate we have the community will to grow new enlightened leadership of cause the cooptation of the existing political leadership.

Nobody gives you political change based on new sustainability livability paradigms . We have to take it, to force iut to happen, to bend others to our will , to co-opt or break them.

Wheeler views the evolution of sustainable urban development thinking and welds it to a new concern for livability. For Flint fewer murders and economic viability to sustain basic services and generally make this city more livable we must change our view of how this community is organized.


Sustainability used here is development that improves the long-term health of human and ecological systems.

We present here core themes to apply to our decision making as good citizens and to guide efforts or thoughts in the Flint master planning process.

My goal taking from Wheeler is to offer a theoretical framework or paradigm to provide stools to carry out our plan to foster a sustainable and livable community by formalism of the master planning process. My foundation objective is to change the political culture and seed our community with new thoughts and new future leadership.

SPECIFICS for Flint's Urban Development Strategy,

1. create a long term plan not year by year or election cycle by election cycle.

2.recognize that a core theme in urban sustainability requires we pay attention to the natural environment.

3.Urban sustainability master planning requires holistic and interdisciplinary connections of the insights of ;

a. biologists

b.transit planners

c.agronomists

d.economists

e.experts in land use

f.experts in transportation

g.experts community development

h.environmental planning

i. experts in sociology

j. experts in political science

k.experts in criminal justice

l. experts in the law

m. experts urban studies and public administration

n.experts in the arts

o. YOU!

There are several directions our conversations should take to reach a consensus on Flints sustainable urban development and building formally and informally this community to achieve sustainability and livability.

1. no unplanned urban sprawl

2.efficient infrastructure

3.compact efficient land use

4.fewer automobiles necessary in the city

5.more efficient resource use

6.restoring natural systems

7.good housing

8.health social ecology

9.sustainable economics

10.green urban-ism

11.combine land use housing and transit design in environmentally sensitive ways

12.seed pressure to change the culture of Flint

13. Seed new political and institutional leadership

WHAT DO YOU THINK?

by Terry Bankert Flint Divorce Bankruptcy Attorney 810-235-1970




Sources
[1]
The City Reader” 3rd edition edited by Richard T. LeGates and Fredric Stout 2003. “Planning Sustainable and Livable Cities” by Stephen Wheeler 1998 beginning page 486

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Post Sun Oct 21, 2012 8:10 am 
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untanglingwebs
F L I N T O I D

Flint can never be livable until the crime problem is addressed.

Flint needs an economy in the poorest parts of town that is not illicit drug based or based on a criminal enterprise.

The master Plan can not be geared to just what the Mott Foundation and the downtown groups want.

Pastor Flynn and Pastor Threkheld have a Saturday morning talkshow. They were at a meeting regarding the promotion of the Public Safety millage. In last saturday's dialogue they discussed city representatives allegedly stating the millage was necessary for the Mott Foundation and for encouraging the movement of new residents into the city.

Most of the individuals who can afford to leave Flint have. The residents who cannot afford to move into the suburbs are stuck here cannot afford the tax burden and increased water and sewer charges levied upon them. They will not support another tax. I have had residents tell me they may abandon their homes and move to other states to live with family in order to escape the crime and the high cost of living in Flint.

The Pastors addressed this issue and Flint representatives acknowledged there is a heavy burden on the poor, but they still encouraged the poor to cough up more money.

A supposedly reliable survey in Detroit shows 40 % of Detroit residents expressing a desire to leave the city. I would expect a similar response here. While we have had about 58 murders, that number would be triple if it were not for the excellent Hurley trauma unit. Over three times the murder rate has been shot and/or stabbed since June 21st according to FPO.


No One is immune from the violence and the city will not grow until the violence ceases.

My neighborhood and others around the city are being victimized by the random series of "shots fired". I was having individuals report to me that my life was being threatened. So when I exited my home to enter my car parked on the curb and shots rang out very close, I dropped to the ground on my lawn. Only days ago Commissioner Brenda Clack had shots fired in the vicinity of her home. Last summer there was a murder nearly on her doorstep. state Representative Woodrow Stanly had a murder in the home behind his and a shooting close to him on the corner of Brownell and Dayton. Shots ring out weekly near the Haskell Center.

The most vulnerable group in society, the elderly, are being targeted on a regular basis. Even the Miller road and the once stable areas on the west side are now scenes of crime. I personally feel sorry for the Kettering fraternities on Dupont and Flushing, as this area is a frequent site for violence. The Ballenger Park is often empty because of so many shots fired in the area.
Post Sun Oct 21, 2012 11:42 am 
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terrybankert
F L I N T O I D

SIGN UP FOR "THE BANKERT" DO IT YOURSELF FLINT MASTER PLAN WORKSHOP-As an advisory member to the Flint Master Plan process we are asked to host our own do it you self work shop. You are invited to mine . 20 people maximum. For those who cannot attend physicaly there is opportunity for internet participation. I will live report the meeting on a face book page. Watch for notice of meeting date, time and place which will be determined by consensus of those participating.At the meeting I will need a volunteer to transcribe. Bring your smart phone or lap top and you can post directly and watch the comments while you are here participating.Sumary of Master Planning Workshop participants so far, date time, later POST HERE YOU WOULD LIKE TO BE INVOLVED AND GIVE AN EMAIL ,1. Linda Pohly, 2. Elli Mae, 3.Becky Johns.. 4.Bobby Johnson

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Post Wed Oct 31, 2012 12:24 pm 
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terrybankert
F L I N T O I D

I have volunteered for community service with the City of Flint Master Planning Process. My participation is a small role in one element of community input in this process. That element is the Master Plan Advisory Committee “Infrastructure and Community Facilities.” We will give informed advice on the relevant Master plan elements presented to us.

Each of us Advisory group members have been asked to facilitate a small workshop like the larger community workshops. I will be holding two workshops. one Sat
urday 12/08/2012 10am and the second Saturday 12/15 10 am. Both are in my office 1000 Beach ST. Flint MI 48503. You are invited. Declare your attendance here or just show up. One hour maximum.


After the formal part those that chose to are invited to stay over for 15 min and talk about phase four of the process which is implementation of the master plan once adopted.

Using the City’s forms you will be asked.
1. Identify 5 issues or concerns confronting the City.
2.List in order of importance the 3 most important issues discussed thus far.
3. Identify three projects or actions that you would like to see undertaken within the city of Flint.
4.What are the primary strengths and assets of Flint?

I am holding two because I announced the first one on my radio show and the second to give more adequate notice. Several of you have indicated your participation, please attend either one. There is no requirement that you are a resident of Flint. They are limited to 20 people but who is counting. Bring a friend.

I plan on drinking the kool aide and fighting for implementation of the final master Plan to be adopted by the Flint Planning Commission and City Council.

In plain english a political coalition needs to be organized. You are invited.

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Join in the discussion here at Flint Talk , Face Book, Google Blogger " Good Morning Flint" , Twitter, Blogging For Michgian" and MLIVE.
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Post Fri Dec 07, 2012 2:53 pm 
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