This article originally appeared in The Detroit News November 18, 2024. 

A few weeks ago, I sent my wife a self-deprecating meme: “If I tell you I’ll do something, that means I’ll do it. You don’t have to remind me every six months.” The whiteboard in our kitchen with its list of unfinished projects condemns me.

I am thinking of that meme as the Michigan Legislature enters its lame duck session with a long-unfinished project: reforming the state’s Freedom of Information Act.

Lame duck is the brief period after an election when the outgoing majority still wields the gavels. It is a last chance for unfinished business, especially legislation the other side may not wish to pass.

Michigan Democrats have enjoyed a trifecta the last two years, controlling the governor’s office, state House and state Senate. On Nov. 5, Republicans won a majority of House seats. State government will be split during the final two years of Gretchen Whitmer’s time as governor, so Democratic lawmakers have a long list of bills they hope to pass.

There is, however, a bipartisan idea the Legislature could work on. Lawmakers should finish the job of amending the Freedom of Information Act so that people can request public records from the governor and legislators.

Every state in the country has a public records law, including Michigan. Our law, enacted in 1976, omits the governor’s office and the Legislature. This means government records that would be of great interest to people are beyond our reach. How did former Gov. Rick Snyder respond to the Flint water crisis? How did Whitmer decide her COVID policies? Who are lawmakers meeting with before an important vote? The public can’t get these records unless the elected official voluntarily releases them.

Over the last several years, bills that reform FOIA have passed one legislative chamber, only to stall in the other chamber. The House passed the legislation in 2017, 2019 and 2021. Earlier this year, the Senate took the lead, passing Senate Bills 669 and 670, sponsored by Sen. Jeremy Moss, D-Southfield and Sen. Ed McBroom, R-Vulcan.

If Whitmer and the Legislature want a bipartisan win, they should work together in lame duck. A failure to complete the legislation this year means the process will start over and the bills will have to clear both chambers next year.

Elected leaders often gush about the importance of open government.

Running for governor in 2018, Whitmer endorsed the idea of making these offices subject to FOIA. She continued to express her support after being elected.

“I would like to see it passed,” the governor told a reporter at the 2024 Mackinac Policy Conference. (Whitmer also pledged to open her office to FOIA if legislation was not passed. She has not kept this promise.)

House Speaker Joe Tate, D-Detroit, has indicated willingness to expand FOIA on several occasions. And when her chamber passed the bills this summer, Senate Majority Leader Winnie Brinks, D-Grand Rapids, pledged “staunch commitment” to government transparency.

Secretary of State Jocelyn Benson also applauded the “historic vote,” saying, “I look forward to working with legislative leaders to keep the momentum going and to get this important bill to the governor’s desk.” She’s joined by Attorney General Dana Nessel, who has criticized the loophole and has called for more transparency.

FOIA reform is “The Thing Everyone Says We Should Do.” The governor says we should do this. Lawmakers in both parties agree. They have the time. They have pledged support. Who will show leadership?

We’re still waiting.

In the meantime, I have home improvement projects to finish.

Permission to reprint this blog post in whole or in part is hereby granted, provided that the author (or authors) and the Mackinac Center for Public Policy are properly cited.