Michigan, USA, regional Popular or citizen-initiated referendum [PCR] - Referendum

General Typology

Instrument
Popular or citizen-initiated referendum [PCR]
Location
Michigan, USA
Political level
regional
Local Name:
Referendum
Normative Level:
constitutional
Legally Binding:
yes
Legally Defined:

Michigan Constitution, Article II, Section 9
The people reserve to themselves [...] the power to approve or reject laws enacted by the legislature, called the referendum. [...] The power of referendum does not extend to acts making appropriations for state institutions or to meet deficiencies in state funds and must be invoked in the manner prescribed by law within 90 days following the final adjournment of the legislative session at which the law was enacted. To invoke the initiative or referendum, petitions signed by a number of registered electors, not less than eight percent for initiative and five percent for referendum of the total vote cast for all candidates for governor at the last preceding general election at which a governor was elected shall be required. [...] 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. No law initiated or adopted by the people shall be subject to the veto power of the governor, and no law adopted by the people at the polls under the initiative provisions of this section shall be amended or repealed, except by a vote of the electors unless otherwise provided in the initiative measure or by three-fourths of the members elected to and serving in each house of the legislature.

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

Subject Matter:

Repealing laws via citizen-initiated referendum

Actors

Author:
Citizen
Initiator:
Electorate : Requires signatures of 5% of the number of votes in the last gubernatorial election
Decision maker:
Electorate

Requirements

Number Of Signatures:
5% of the total number of voters in the last gubernatorial election
Available Time:
90 days
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:

Michigan Constitution, Article II, Section 9
[...] The power of referendum does not extend to acts making appropriations for state institutions or to meet deficiencies in state funds [...]

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

Other Formal Requirements:

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:
[...]
REFERENDUM OF LEGISLATION
PROPOSED BY INITIATIVE PETITION
[...]
(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:

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 (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, 168.476, 148.479)

Source: Michigan Compiled Laws (accessed 3 Juli 2017)

Transparency And Finance:

Practice

Archive:
Remarks: