About Ballot
Initiatives
April 25, 2011 |
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In Michigan, there are 3 kinds of
citizen-initiated legislative actions:
-
an initiative to create or
amend legislation
-
an initiative to amend the
constitution
-
a referendum to repeal
legislation
Rules for Initiative
Petitions
Number of signatures.
For a initiative to create or
amend legislation,
the number of petition signatures required is eight percent of
the total vote cast for all candidates for governor at the last
preceding general election at which a governor was elected. For
an initiative to amend the
constitution, ten percent is required. For legislative
initiatives appearing on the 2012 ballot, the number of
signatures required is 258,088. For an initiative to amend the
constitution, the number required is 322,609.
Circulation period.
For initiatives of both types, petition signatures must be collected over a period not to
exceed 180 days (a little less than 6 months), ending with the
filing of the petition. Election law
states that "It shall be rebuttably presumed that the
signature on a petition that proposes an amendment to the
constitution or is to initiate legislation, is stale and void if
it was made more than 180 days before the petition was filed
with the office of the secretary of state."
Deadline for submission.
For a legislative initiative, petitions must be filed with the Secretary of State
at least 160 days before the election at which the proposed law
is to be voted upon. For an initiative to amend the
constitution, petitions must be filed at least 120 days before
the election.
Rejection by legislature.
If the Board of State Canvassers determines that the petition to
create or amend legislation contains
the required number of valid signatures, the state legislature
has 40 session days enact the proposal. If the legislature does
not do so, the proposal is placed on the ballot at the next
general election. The legislature may reject the proposal and
propose a different measure on the same subject. In that case,
both measures will appear on the ballot at the next general
election. The foregoing does not apply to petitions to amend the
Constitution. If the Board of Canvassers determines that a
petition to amend the Constitution contains the required number
of valid signatures, it is placed on the ballot.
Effective date.
Article XII, Section 2 of
the Michigan Constitution says of constitutional amendments:
If the
proposed amendment is approved by a majority of the electors
voting on the question, it shall become part of the
constitution, and shall abrogate or amend existing
provisions of the constitution at the end of 45 days after
the date of the election at which it was approved.
Article II, Section 9 says
of legislative initiatives:
Any law
submitted to the people by either initiative or referendum
petition and approved by a majority of the votes cast
thereon at any election shall take effect 10 days after the
date of the official declaration of the vote.
Rules for Referendums
(Referenda?)
Number of signatures.
Five percent of
the total vote cast for all candidates for governor at the last
preceding general election at which a governor was elected.
Circulation period.
A referendum petition can be circulated from the date the law
involved is enacted by the legislature until 90 days following
the final adjournment of the legislative session at which the
law was enacted.
Deadline for submission.
90 days following the final adjournment of the legislative
session at which the law was enacted.
Ballot Question
Committee
Michigan’s campaign
finance law requires any group
that receives contributions or makes expenditures to influence
voters for or against the qualification, passage, or defeat of a
ballot question to form and register a committee. If the committee
takes in or spends more than $500, campaign statements reporting
those contributions and expenditures must be filed. Our summary of
the reporting requirements is
here. The official
Ballot Question Committee Manual
is on the Secretary of State's website.
Sources
Initiatives to create or amend
legislation and referendums
are addressed in
Article II, Section 9 of
the
Michigan Constitution. Initiatives to amend the Constitution are
addressed in Article XII, Section 2.
Michigan’s Campaign Finance Act, P.A. 388 of 1976 is on the
Michigan Legislature's website.
More information can be found
in these documents on the Secretary of State's website:
Initiative and Referendum Petitions
Initiatives and Referendums under the 1963 Michigan Constitution
(a history)
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