Virgil Smith (Michigan legislator)
Virgil Smith was a nonpartisan candidate for District 2 representative on the Detroit City Council in Michigan. Smith was defeated in the general election on November 7, 2017.
Smith is a former Democratic member of the Michigan State Senate, representing District 4 from 2010 to April 12, 2016. Smith is a former Assistant Minority Whip. He also served in the Michigan House of Representatives from 2002 to 2008.
In May 2015, Smith was arrested for allegedly assaulting his ex-wife and shooting her Mercedes Benz. On February 11, 2016, Smith accepted a plea deal that required him to resign his seat and not hold public office, plead guilty to felony malicious destruction of property over $20,000, and serve 10 months in jail. In a plea hearing on March 28, 2016, Judge Lawrence Talon upheld the plea deal but did not require Sen. Smith to give up his seat. The plea deal put into question whether Smith was allowed to run for the Detroit City Council in 2017. Click here to read more about Smith's arrest and its aftermath.[1]
Biography
Smith earned his B.A. in political science from Michigan State University in 2002, and his master's degree in public administration from Western Michigan University in 2012. His professional experience includes working as an entrepreneur and small business owner. He has been the president of Virgil Smith LLC and partner at Auto Executives LLC.
Elections
2017
The city of Detroit, Michigan, held elections for mayor, city council, city clerk, and the Detroit Board of Police Commisisoners on November 7, 2017. A primary election was held on August 8, 2017. The filing deadline for candidates wishing to run in this election was April 25, 2017.[2]
Roy McCalister Jr. defeated Virgil Smith in the general election for District 2 on the Detroit City Council.
| Detroit City Council, District 2 General Election, 2017 | ||
|---|---|---|
| Candidate | Vote % | Votes |
 Roy McCalister Jr. |
59.67% | 11,979 |
| Virgil Smith | 38.10% | 7,650 |
| Write-in votes | 2.23% | 448 |
| Total Votes | 20,077 | |
| Source: Wayne County, Michigan, "2017 November 7th General & Special General Election Official Results," November 7, 2017 | ||
The following candidates ran in the primary election for District 2 on the Detroit City Council.[3]
| Detroit City Council, District 2 Primary Election, 2017 | ||
|---|---|---|
| Candidate | Vote % | Votes |
| Roy McCalister Jr. |
24.85% | 3,162 |
| Virgil Smith |
22.10% | 2,812 |
| George Cushingberry Jr. Incumbent | 19.65% | 2,501 |
| Helena Scott | 17.85% | 2,271 |
| Linda Bernard | 9.39% | 1,195 |
| Tyra Dear-Williams | 5.28% | 672 |
| Write-in votes | 0.88% | 112 |
| Total Votes | 12,725 | |
| Source: Wayne County Clerk, "2017 Primary Official Results," accessed August 23, 2017 | ||
2014
- See also: Michigan State Senate elections, 2014
Elections for the Michigan State Senate took place in 2014. A primary election was held on August 5, 2014, and a general election took place on November 4, 2014. The signature filing deadline for candidates wishing to run in this election was April 22, 2014. Incumbent Virgil Smith defeated Rashida Tlaib and Howard Worthy in the Democratic primary. Keith Franklin was unopposed in the Republican primary. Smith defeated Franklin in the general election.[4][5][6][7]
| Party | Candidate | Vote % | Votes | |
|---|---|---|---|---|
| Democratic | Virgil Smith Incumbent |
81.9% | 49,970 | |
| Republican | Keith Franklin | 18.1% | 11,047 | |
| Write-in | Howard Worthy | 0% | 1 | |
| Total Votes | 61,018 | |||
| Candidate | Vote % | Votes |
|---|---|---|
|
Virgil Smith Incumbent |
49.8% | 11,597 |
| Rashida Tlaib | 41.9% | 9,742 |
| Howard Worthy | 8.3% | 1,937 |
| Total Votes | 23,276 | |
2010
- See also: Michigan State Senate elections, 2010
Smith won election to the 4th District of the Michigan State Senate in 2010. He defeated Republican Frederick Robinson II, Libertarian Raymond Warner, and Independent D. Wilcoxon in the November 2 general election.[8]
| Michigan State Senate, District 4 General election (2010) | ||||
|---|---|---|---|---|
| Candidates | Votes | |||
| Virgil Smith (D)
|
42,722 | |||
| Frederick Robinson II (R) | 1,241 | |||
| D. Wilcoxon (I) | 931 | |||
| Raymond Warner (L) | 329 | |||
Campaign finance summary
Note: The finance data shown here comes from the disclosures required of candidates and parties. Depending on the election or state, this may represent only a portion of all the funds spent on their behalf. Satellite spending groups may or may not have expended funds related to the candidate or politician on whose page you are reading this disclaimer. Campaign finance data from elections may be incomplete. For elections to federal offices, complete data can be found at the FEC website. Click here for more on federal campaign finance law and here for more on state campaign finance law.
Committee assignments
2015 legislative session
At the beginning of the 2015 legislative session, Smith served on the following committees:
Note: Smith was removed from these committees after he was charged with assault in May 2015.
| Michigan committee assignments, 2015 |
|---|
| • Agriculture, Minority Vice Chair |
| • Banking and Financial Institutions |
| • Economic Development |
| • Energy and Technology |
| • Insurance, Minority Vice Chair |
2013-2014
At the beginning of the 2013 legislative session, Smith served on the following committees:
| Michigan committee assignments, 2012 |
|---|
| • Agriculture, Vice chair |
| • Banking & Financial Institution |
| • Economic Development |
| • Insurance, Vice chair |
| • Redistricting |
| • Veterans, Military Affairs and Homeland Security |
2011-2012
In the 2011-2012 legislative session, Smith served on the following committees:
| Michigan committee assignments, 2011 |
|---|
| • Banking & Financial Institution |
| • Economic Development |
| • Insurance |
| • Redistricting |
| • Veterans, Military Affairs and Homeland Security |
Sponsored legislation
The following table lists bills this person sponsored as a legislator, according to BillTrack50 and sorted by action history. Bills are sorted by the date of their last action. The following list may not be comprehensive. To see all bills this legislator sponsored, click on the legislator's name in the title of the table.
Noteworthy events
Assault charges (2015)
On May 10, 2015, Smith was arrested after an early-morning incident in which he allegedly shot at his ex-wife's Mercedes Benz at least 10 times.[9] Anistia Thomas, who was married to Smith for less than two months in 2009 before he filed for divorce, entered Smith's house to find another woman present.[10][11] Smith and Thomas then started to argue. According to the report acquired by The Detroit News, Smith "shoved her face first into the carpet" and punched her in the face four or five times. He then chased Thomas out of the house, ultimately shooting her vehicle with a rifle. Apart from reported swelling, Thomas was not injured in the dispute.[11] Wayne County Prosecutor Kym Worthy charged Smith with felonious assault, malicious destruction of personal property, domestic violence, assault and battery and using a firearm in the process of committing a felony. Smith was released after a "not guilty" plea was entered and posted the necessary 10 percent of his $25,000 bond.[12] Minority Leader Jim Ananich (D) then removed Smith from his position as Assistant Minority Whip and from five committees, two of which he served on as minority vice chair. Ananich said Thursday that resignation was "something [Smith] should consider."[13] According to the Detroit Free Press, Smith told investigators that shooting at the vehicle was the "stupidest thing he had done in his life" and that he fired the shots when Thomas threw a chair at his window. Smith's previous criminal record includes two drunk-driving convictions while in the legislature as well as two previous convictions related to shoplifting.[14]
On June 25, 2015, Judge Michael Wagner, a judge for the 36th District Court, ruled that Smith would stand trial for allegedly beating his wife and shooting her vehicle.[15]
On July 9, 2015, Smith was arraigned and pleaded not-guilty in a Wayne County Circuit Court.[16][17]
Plea deal
On February 11, 2016, Smith accepted a plea deal that required him to resign from the legislature, plead guilty to felony malicious destruction of property over $20,000 and serve 10 months in jail. In exchange for the plea deal, the two other felonies and one misdemeanor that Smith was originally charged were dismissed.[18]
On March 14, 2016, Smith was sentenced to 10 months in prison and five years of probation, but Wayne County Circuit Judge Lawrence Talon did not require him to give up his seat. Talon said, "It would be illegal for me to impose as a condition of sentence that he resign from office and that he not hold public office during the pendency of his probation." Wayne County Prosecutor Kym Worthy did not agree with the judge's decision and said that, "The plea is legal, and the defendant agreed to it. If all the conditions are not accepted by the court we will withdraw our plea. We are certain that we stand on solid legal ground."[19] Worthy submitted a court brief that argued that since Sen. Smith did not resigned his seat, he was in violation of his plea deal. Worthy wanted the plea deal revoked and for Smith to stand trial.[20]
On March 28, 2016, Wayne County Circuit Judge Lawrence Talon upheld Smith's plea deal, but threw out the condition that Smith was required to resign his seat. After the judge's decision, Smith was taken into custody to begin his 10-month jail sentence. The Wayne County Prosecutor's Office vowed to appeal Judge Talon's decision.[1] Even though Smith was convicted of a felony charge, he could not be removed from office automatically, as state law only provides for the expulsion of those convicted of felonies related to "dishonesty, deceit, fraud or a breach of the public trust."
On April 12, 2016, Smith's resignation was official from the state Senate.
Effect on 2017 candidacy for Detroit City Council
A three-judge panel of the Michigan Court of Appeals ruled in August 2017 that Smith could remain a candidate for Detroit City Council. Smith had previously agreed to resign his state senate seat and pledged not to hold public office for five years as part of a plea deal with Wayne County prosecutors in 2016. A trial judge later struck down as unconstitutional the provisions of the plea agreement having to do with limitations on him holding or running for public office.
The appeals court panel ruled that the public office limitations were constitutional because Smith agreed to them voluntarily as part of his plea deal. However, the judges upheld Smith’s right to run for office for a different reason by deciding that the prosecutor’s office, as a division of the executive branch, should not interfere with how the legislative branch selects candidates.[21]
Scorecards
A scorecard evaluates a legislator’s voting record. Its purpose is to inform voters about the legislator’s political positions. Because scorecards have varying purposes and methodologies, each report should be considered on its own merits. For example, an advocacy group’s scorecard may assess a legislator’s voting record on one issue while a state newspaper’s scorecard may evaluate the voting record in its entirety.
Ballotpedia is in the process of developing an encyclopedic list of published scorecards. Some states have a limited number of available scorecards or scorecards produced only by select groups. It is Ballotpedia’s goal to incorporate all available scorecards regardless of ideology or number.
Click here for an overview of legislative scorecards in all 50 states. To contribute to the list of Michigan scorecards, email suggestions to editor@ballotpedia.org.
2016
In 2016, the Michigan State Legislature was in session from January 13 through December 31.
- Legislators are scored on their votes on bills related to economic issues.
- Michigan Chamber of Commerce: House
- Legislators are scored on their votes on bills related to business issues.
- Legislators are scored on their votes on bills related to agriculture.
- Legislators are scored on their votes on bills related to environmental issues.
- Legislators are scored on their votes on bills related to environmental issues.
- Legislators are scored on a number of bills selected by the editor of MIRS, a state capitol newsletter.
- Legislators are scored on their votes on bills related to business issues.
- Legislators are scored on their votes on conservative issues.
2015
| To view all the scorecards we found for this legislator in 2015, click [show]. |
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In 2015, the Michigan State Legislature was in session from January 14 through December 17.
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2014
| To view all the scorecards we found for this legislator in 2014, click [show]. |
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In 2014, the Michigan State Legislature was in session from January 8 through December 31.
|
2013
| To view all the scorecards we found for this legislator in 2013, click [show]. |
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In 2013, the Michigan State Legislature was in session from January 9 to December 31.
|
2012
| To view all the scorecards we found for this legislator in 2012, click [show]. |
|---|
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In 2012, the Michigan State Legislature was in session from January 11 to December 27.
|
2011
| To view all the scorecards we found for this legislator in 2011, click [show]. |
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In 2011, the Michigan State Legislature was in session from January 12 to December 28.
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Tea Party Scorecard
The Independent Tea Party Patriots, a Michigan Tea Party group, grades the votes of this and every other Michigan legislator on “core tea party issues” in a regularly-updated scorecard. 100% is considered an ideal rating.[22]
January 2011 - March 2012
Virgil Smith received a 12% rating on the January 2011 - March 2012 Tea Party Scorecard.[22]
See also
| Detroit, Michigan | Michigan | Municipal government | Other local coverage |
|---|---|---|---|
 |
 |
 |
 |
External links
- Detroit City Council
- Profile from Open States
- Biography from Project Vote Smart
- Legislative Profile from Project Vote Smart
- Campaign Contributions: 2012, 2010, 2006, 2004, 2002
Footnotes
- ↑ 1.0 1.1 mlive.com, "Sen. Virgil Smith jailed, not forced to resign," accessed March 28, 2016
- ↑ Detroit Free Press, "Detroit Mayor Mike Duggan announces re-election bid," February 4, 2017
- ↑ Detroit Free Press, "It's official: 8 Detroit mayoral candidates will be on primary ballot," May 11, 2017
- ↑ Michigan Secretary of State, "State Senator," accessed August 6, 2014
- ↑ Michigan Secretary of State, "State Senator," accessed December 5, 2014
- ↑ Michigan Secretary of State, "2014 Official Michigan Primary Candidate Listing," accessed May 27, 2014
- ↑ Michigan Secretary of State, "2014 Official Michigan General Candidate Listing," accessed September 8, 2014
- ↑ Michigan Secretary of State, "Election Results - General Election - November 02, 2010," March 2, 2011
- ↑ MLive, "Sen. Virgil Smith's political future remains uncertain, but looks grim in light of felony charges," May 17, 2015
- ↑ Detroit Free Press, "Senator's marriage to ex, whose car he shot, was brief," May 12, 2015
- ↑ 11.0 11.1 The Detroit News, "Cop report: Naked Smith fought ex-wife before shooting," May 11, 2015
- ↑ The Huffington Post, "Michigan Lawmaker Accused Of Assaulting Ex-Wife, Shooting At Her Car," May 12, 2015
- ↑ MLive, "Michigan Political Points: Meekhof thinks he can change Snyder's mind on prevailing wage repeal," May 16, 2015
- ↑ Detroit Free Press, "Sen. Smith said firing shots stupidest thing in his life," May 11, 2015
- ↑ Detroit Free Press, "Sen. Virgil Smith bound over for trial in assault case," accessed June 25, 2015
- ↑ Detroit Free Press, "Sen. Virgil Smith arraigned in assault case," July 9, 2015
- ↑ Detroit Free Press, "State Sen. Virgil Smith's trial pushed back to March," accessed December 8, 2015
- ↑ Detroit Free Press, "State Sen. Virgil Smith to resign as part of plea deal," accessed February 12, 2016
- ↑ freep.com, "Judge to Sen. Virgil Smith: 'You do not have to resign'," accessed March 16, 2016
- ↑ mlive.com, "State senator's failure to resign in gunfire case violates plea deal, prosecutor says," accessed March 24, 2016
- ↑ The Detroit News, "Appeals court: Smith can run for Detroit council," August 22, 2017
- ↑ 22.0 22.1 Michigan Votes, "Tea Party Scorecard Jan 2011-Mar 2012," accessed June 22, 2012
| Political offices | ||
|---|---|---|
| Preceded by - |
Michigan State Senate District 4 2011 - 2016 |
Succeeded by Ian Conyers (D) |
| Preceded by - |
Michigan House of Representatives 2003 - 2008 |
Succeeded by - |
 |
State of Michigan Lansing (capital) |
|---|---|
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