This November, Michiganders should expect to see several ballot questions placed before them during the general election.  This is because there are several pending citizens initiatives to create or amend statutory law, as well as amend the state constitution.  Other than the form the law takes, what is difference between these initiated efforts and why does it matter? 

Initiated Laws

These occur when residents take action to create their own statutes, amend existing laws, exercise their power of referendum or amend the state constitution.  Very generally speaking, the process to get their question on the ballot includes:

• Developing the needed legal language;
• Creating a petition explaining the language of the proposal;
• Filing the petition with the Board of State Canvassers;
• Collecting enough signatures within certain timeframes;
• Filing the signed petitions with the Board of State Canvassers so they can be reviewed to determine their validity;
• And, if successful, having the question placed on the general election ballot.

While there are many detailed steps that must be taken throughout this entire process, one of the most difficult is gathering the number of needed signatures in a timely manner.  The number of signatures an initiated statutory law needs is 8% of the total number of votes cast for governor during the last gubernatorial election.  Based on that percentage, for the upcoming 2018 election, a petition for an initiated law would need 252,523 valid signatures and those would have to be collected within 180 days.  If the effort has the required number of valid signatures, then the state legislature has 40 session days to adopt or reject the proposal.  If the legislature adopts it, then the proposal becomes law.  If the legislature does not enact the measure, then it will be put before Michigan’s citizens for a vote at the general election.  If the legislature rejects the measure and proposes an alternative, then both proposals will be put on the general election ballot for the people to support or oppose.  Whichever proposal gets the most affirmative votes will ultimately become law.  Interestingly, once a citizens initiative becomes law, it takes an extraordinary vote of the legislature (3/4ths elected and serving) to repeal or amend it.

Constitutional Amendments

An effort to amend the state’s constitution has the highest threshold to overcome in order to be placed on the ballot.  It goes through essentially the same process as mentioned above, but proponents of the constitutional amendment need to collect signatures equaling 10% of the total number of votes cast for governor in the previous gubernatorial election. To be on the 2018 ballot, that means they will have to collect 315,654 valid signatures.  They also have 180 days to collect the signatures. 

Referendums

Michigan’s Constitution also reserves the right for its citizens to approve or reject laws passed by the legislature – this is called a referendum.  A referendum must begin within 90 days following the adjournment of the legislative session in which the law was initially enacted.  Additionally, a referendum cannot take place on acts that contain an appropriation.  A referendum effort needs signatures equivalent to 5% of the total number of votes cast in the previous gubernatorial election.  For the current year, that translates into 157,827 valid signatures.

Current Efforts

At the time of this writing, there are 7 initiated law efforts, 3 constitutional amendment proposals and no referendums being pursued.  Of those, 2 initiated law and 1 constitutional amendment efforts have turned in their signed petitions to be assessed whether they have the needed number of valid signatures so that their questions can be placed on the November ballot.  The Board of State Canvassers is currently in the process of reviewing those signatures to determine their validity. For the most up-to-date information on the efforts being pursued by citizens, please visit the Board of State Canvassers website by clicking here.

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