Referenda

The Michigan Supreme Court this week ruled that three out of four controversial referendum proposals can appear on the November ballot, ending months of legal wrangling over the measures. The court ordered that a referendum requiring a vote on a $4 billion, largely bond-financed international trade bridge to Canada should appear on the ballot. That marks a setback for Gov. Rick Snyder and other powerful supporters of what would be one of the country’s largest public-private partnerships. Also appearing on the ballot will be a referendum to make collective bargaining rights part of the state constitution, another question opposed by Snyder and state Attorney General Bill Schuette, who argued that the referendum would change too many state laws to be understood in the 100-word ballot language. The court also ruled that a measure calling for a two-thirds supermajority vote for the Legislature to pass any tax increases should be on the ballot. A proposal authorizing eight new casinos across Michigan will not appear on the ballot. The court, which heard oral arguments on the four proposals last week, had previously approved a referendum to repeal the state’s emergency management law for fiscally stressed municipalities. It will be one of the most crowded ballots in recent history and many of the measures could have long-term impacts on Michigan’s future. The Board of State Canvassers, which has deadlocked on many of the referendums, meets today to finalize the ballot. Voters could decide six proposals in November after the Michigan Supreme Court on Wednesday ordered collective bargaining, tax and bridge questions onto the ballot.

The court blocked a contested proposal that would have asked voters to OK the construction of eight casinos across the state. The court also clarified the process groups and the Board of State Canvassers must follow to get initiatives on future ballots. The decision paves the way for many voter choices, including the five constitutional amendments and a referendum on the emergency manager law. The Board of State Canvassers is set to meet today to finalize language for the ballot questions. The court’s ruling and the board’s ultimate approval will allow the board to meet the deadline for getting proposals added to the November general election ballot. A central issue on the four ballot proposals decided was whether they violated part of the constitution that says a petition must republish provisions that will be altered or abolished. The court said an amendment that does not alter a provision could still annul part of the constitution if it rendered the entire or part of a provision wholly inoperative. The majority of justices ruled the language in the petition to add casinos contained a “fatal” flaw in bypassing the constitutional authority of the Michigan Liquor Control Commission by stipulating the eight casinos would be entitled to a liquor license. The proposal would have authorized casinos on specific properties in Detroit, Romulus, Pontiac, Clinton Township, DeWitt Township, Grand Rapids, Birch Run, and Clam Lake Township near Cadillac. Already on the ballot is a referendum on the emergency manager law, and proposals seeking regulation and limited collective bargaining rights for home health care aides, and a 25 percent renewable energy mandate for utility companies. Michigan Alliance for Prosperity v. Board of State Canvassers, Director of Elections, and Secretary of State, No. , 09/05/12; Citizens for More Michigan Jobs and Robert J. Cannon v. Secretary of State, Board of State Canvassers, and Director of Elections, No. 145754 & (4), 09/05/12; Citizens for More Michigan Jobs and Robert J. Cannon v. Secretary of State, Board of State Canvassers, and Director of Elections, No. 145754 & (4); 09/05/12; The People Should Decide v. Board of State Canvassers, Director of Elections, and Secretary of State, No. 145755; 09/05/12; and Protect our Jobs v. Board of State Canvassers and Citizens Protecting Michigan's Constitution, No. 145748, 09/05/12.

Proposals Michigan voters will decide on the Nov. 6 ballot

Require public vote on new bridge

Purpose: To stop new bridge over the Detroit River by requiring a public vote before construction of international bridges or tunnels.

Status: ON. By order of the Supreme Court today.

Collective bargaining

Purpose: Protect and expand bargaining rights; repeal limits enacted in 2011; block right-to-work.

Status: ON. By order of the Supreme Court today.

Repeal emergency manager law*

Purpose: Repeal Michigan’s emergency manager law that broadened the managers’ powers.

Status: ON. By order of Supreme Court on Aug. 3.

Home health care workers unionization

Purpose: Create registry of home care workers; authorize unionization and bargaining rights for workers.

Status: ON. By order of Board of State Canvassers on Aug. 15; no court challenge.

Tax hike supermajority

Purpose: Require two-thirds majorities in Legislature to raise taxes.

Status: ON. By order of the Supreme Court today.

25 by '25, renewable energy

Purpose: Require utilities to generate 25% of Michigan’s energy from renewable sources by 2025.

Status: ON. By order of Board of State Canvassers on Aug. 15; no court challenge.

* The emergency manager proposal is a referendum on a state law. All of the others are proposed amendments to the state constitution.

Off the ballot

Casino expansion

Purpose: Authorize eight new casinos at specific locations around Lower Michigan.

Status: OFF. By order of the Supreme Court today.