Michigan has indirect statutory initiatives, constitutional initiatives, veto referendums, and legislatively referred amendments. For indirect statutory initiatives, if the legislature does not enact voters’ proposal, it may submit to voters a different measure on the same subject alongside it. Many of Michigan’s processes for initiatives and veto referendums also apply to legislatively referred amendments. However, the legislature may call a special election for a legislatively referred amendment, rather than submitting it to voters at the next general election, as required for other ballot measures. In addition, Michigan law only requires publication of certain explanatory materials for initiatives and veto referendums, not for legislatively referred amendments.
BACKGROUND INFORMATION
What forms of direct democracy are available, and when?
Statewide Ballot Measures in Michigan
Michigan has constitutional initiatives, indirect statutory initiatives, veto referendums, and legislatively referred amendments.
√ Initiatives – Statutory (Indirect + legislative alternatives)
The people of Michigan can propose a statute to the legislature via initiative petition. The legislature must then either enact or reject the proposal “without change or amendment.” If the legislature rejects the measure or fails to enact it within 40 legislative session days, the measure is submitted to voters. Mich. Const. art. II, § 9.
The legislature may reject the measure and propose a different measure on the same subject (a.k.a., “legislative alternative” measure), in which case both measures are submitted to voters. Id.
√ Initiatives – Constitutional
Michiganders may propose amendments to the state constitution independently of the legislature. Mich. Const. art. XII, § 2.
√ Veto Referendums
Michiganders have reserved the power to approve or reject laws enacted by the legislature, except for acts making appropriations for state institutions or to meet deficiencies in state funds. Mich. Const. art. II, § 9.
√ Legislatively Referred Amendments
An amendment to the state constitution proposed by the legislature must be approved by Michigan voters. Mich. Const. art. XII, § 1.
Election Timing
The timing of an election on a Michigan ballot measure may depend on the form of direct democracy; for legislatively referred amendments, a special election may be called.
- Measures proposed via popular petition must be submitted to voters at the next general election.
- A statutory initiative rejected by the legislature is submitted at the next general election alongside any legislative alternative measure on the same subject (if applicable). Mich. Const. art. II, § 9.
- A veto referendum is likewise submitted at the next general election. See id.
- A constitutional initiative is submitted at the next general election, which must also take place at least 120 days after the petition is first filed. art. XII, § 2.
- A legislatively referred amendment is submitted to voters at least 60 days after it is approved by a 2/3 supermajority of the members elected to and serving in each house of the legislature. It is to be submitted at the next general election or a special election as the legislature shall direct. Const. art. II, § 1.
BALLOT PREPARATION
What is included on the ballot, and who prepares it?
The ballot for any state ballot measure must contain the following.
- Statement of purpose (100 words or less). Comp. Laws § 168.32.
- The statement must be a true, impartial statement of the measure’s purpose, in language creating no prejudice for or against the measure.
- The statement is prepared by the Director of Elections, with approval of the Board of State Canvassers (“The Board”). The Board consists of four members, two from each political party, who are appointed by the Governor with the advice and consent of the Michigan senate. Id. § 168.22.
- The Board of State Canvassers holds a public meeting to consider and approve the statement, and a measure’s sponsors may address the meeting. § 168.22e.
INFORMATION TO VOTERS
What information is provided to voters before the election, and how?
Publication
The Board must provide 3 business days’ notice to the public of a meeting held to consider and approve any ballot measure’s statement of purpose. Mich. Comp. Laws § 168.22e. The Secretary of State shall furnish copies of the full text of each proposed measure and its statement of purpose to the localities; these materials must be posted in conspicuous locations in polling places. Mich. Comp. Laws § 168.480.
- Additionally, for initiatives and veto referendums, the following additional provisions apply.
- Within 2 business days of receiving a filed petition, the Secretary of State must post a summary of the measure on its website. § 168.475(1).
- Petitions circulated to voters must also include a petition summary, which is subject to similar requirements as the ballot statement of purpose (described above). See § 168.482b(3).
- If a measure’s sponsors opt to use a process for approving a petition summary before circulation for signatures, the summary published by the Secretary of State must match the summary pre-approved by the Board through such process. See id. 168.482b.
- Every 30 days after a petition is filed, the Secretary of State must post an update on the petition’s status on its website. § 168.475(1).
- Once a petition has been certified as sufficient by the Board, the Secretary of State must send copies of the ballot statement of purpose “to several daily and weekly newspapers . . . with the request that the newspapers give as wide publicity as possible to the proposed amendment or other question.” § 168.477(1).
- The following requirements apply only to initiatives.
- For all initiatives, the Secretary of State must make the most recently filed petition language available on its website. § 168.483a(3).
- For constitutional initiatives only, publication must also include the proposed amendment (full text) and any existing provisions of the constitution that would be altered or abrogated by the amendment. See Const. art. XII, § 2; see also Protect Our Jobs v. Bd. of State Canvassers, 822 N.W.2d 534 (Mich. 2012).
- Within 2 business days of receiving a filed petition, the Secretary of State must post a summary of the measure on its website. § 168.475(1).
Voter Information Pamphlet
- Michigan law does not require a state voter information pamphlet for ballot measures, beyond the published information described above.
JUDICIAL REVIEW
When and how can the court step in?
Any person who feels aggrieved by a determination of the Board may seek review by mandamus or other appropriate remedy in the state supreme court. Mich. Comp. Laws § 168.479. This encompasses challenges to Board determinations as to ballot statements of purpose, as well as determinations of the sufficiency of submitted, signed petitions. See id.; see also id. §§ 168.32, 168.476.
- For initiatives and veto referendums, if sponsors use the optional process to pre-approve a petition summary, the Board may not later consider a petition challenge based on a misleading or deceptive summary. § 168.482b(1).
Sample case: Massey v. Sec’y of State, 579 N.W.2d 862 (Mich. 1998) (upholding validity of constitutional amendment approved by voters and indicating preference for pre-election challenges to statement of purpose).