Michigan, USA, regional Popular or citizens initiative [PCI] - Amendment by petition and vote of electors

General Typology

Instrument
Popular or citizens initiative [PCI]
Location
Michigan, USA
Political level
regional
Local Name:
Amendment by petition and vote of electors
Normative Level:
constitutional
Legally Binding:
yes
Legally Defined:

Michigan Constitution, Article XII, Section 2
Amendments may be proposed to this constitution by petition of the registered electors of this state. Every petition shall include the full text of the proposed amendment, and be signed by registered electors of the state equal in number to at least 10 percent of the total vote cast for all candidates for governor at the last preceding general election at which a governor was elected. [...]

Source: Constitution of Michigan of 1963 (accessed 3 Juli 2017)

Subject Matter:

Enacting a constitutional amendment via initiative

Actors

Author:
Citizen
Initiator:
Electorate : Requires 10% of the total number of voters in the last gubernatorial election
Decision maker:
Electorate

Requirements

Number Of Signatures:
10% of the total number of voters in the last gubernatorial election
Available Time:
180 days to collect signatures and must be filed at least 120 days before the election (Michigan Compiled Laws 168.471, 168.472a)
Turnout Quorum:
Legal source does not mention turnout quorum
Approval Quorum:
Legal source does not mention approval quorum
Geographical Quorum:
Legal source does not mention geographical quorum
Excluded Issues:
Other Formal Requirements:

Must be filed with the secretary of state at least 120 days before the election; signatures older than 180 days or collected before a November election at which a governor was elected are considered void (Michigan Compiled Laws, Chapter 168 (Act 116), 168.471, 168.472a, 168.473b).

Procedural Elements

Collection Mode:
free
Specify Collection Mode:

Compiled Laws, Chapter 168 (Act 116), 168.482
(1) Each petition under this section shall be 8-1/2 inches by 14 inches in size.
(2) If the measure to be submitted proposes a constitutional amendment, initiation of legislation, or referendum of legislation, the heading of each part of the petition shall be prepared in the following form and printed in capital letters in 14-point boldfaced type:
INITIATIVE PETITION
AMENDMENT TO THE CONSTITUTION
[...]
(3) The full text of the amendment so proposed shall follow and be printed in 8-point type. If the proposal would alter or abrogate an existing provision of the constitution, the petition shall so state and the provisions to be altered or abrogated shall be inserted, preceded by the words:
"Provisions of existing constitution altered or abrogated by the proposal if adopted."
(4) The following statement shall appear beneath the petition heading:
"We, the undersigned qualified and registered electors,
residents in the
city
township (strike 1) of .......... in the county of ..........,
state of Michigan, respectively petition for (amendment to
constitution) (initiation of legislation) (referendum of
legislation) (other appropriate description).".
(5) The following warning shall be printed in 12-point type immediately above the place for signatures, on each part of the petition:
WARNING
A person who knowingly signs this petition more than once, signs a name other than his or her own, signs when not a qualified and registered elector, or sets opposite his or her signature on a petition, a date other than the actual date the signature was affixed, is violating the provisions of the Michigan election law.
[...]

Source: Michigan Compiled Laws (accessed 3 Juli 2017)

Wording Of Ballot Question:

Michigan Constitution, Article XII, Section 2
[...] The ballot to be used in such election shall contain a statement of the purpose of the proposed amendment, expressed in not more than 100 words, exclusive of caption. Such statement of purpose and caption shall be prepared by the [board of state canvassers (Michigan Compiled Laws, 168.22e)], and shall consist of a true and impartial statement of the purpose of the amendment in such language as shall create no prejudice for or against the proposed amendment. [...]

Compiled Laws, Chapter 168 (Act 116), 168.485
A question submitted to the electors of this state or the electors of a subdivision of this state shall, to the extent that it will not confuse the electorate, be worded so that a €œyes€ vote will be a vote in favor of the subject matter of the proposal or issue and a €œno€ vote will be a vote against the subject matter of the proposal or issue. The question shall be worded so as to apprise the voters of the subject matter of the proposal or issue, but need not be legally precise. The question shall be clearly written using words that have a common everyday meaning to the general public. The language used shall not create prejudice for or against the issue or proposal.

Source: Michigan Compiled Laws and Constitution of Michigan of 1963 (accessed 3 Juli 2017)

Interaction With Authorities:
Supervision And Support:

Compiled Laws, Chapter 168 (Act 116), 168.477
[...]
If the board of state canvassers declares that the petition is sufficient, the secretary of state shall send copies of the statement of purpose of the proposal as approved by the board of state canvassers to the several daily and weekly newspapers published in this state, with the request that the newspapers give as wide publicity as possible to the proposed amendment or other question. Publication of any matter by any newspaper under this section shall be without expense or cost to the state of Michigan.
[...]

--

Board of state canvassers will check for validity and sufficiency of signatures. Litigation against their decision occurs at the state supreme court (Compiled Laws, Chapter 168 (Act 116), 168.476, 148.479)

Source: Michigan Compiled Laws (accessed 3 Juli 2017)

Transparency And Finance:

Practice

Archive:
Remarks: