How a Citizen's Statutory Initiative Could Go Wrong in the State of Michigan

According to state constitutions throughout the United States, every state allows their state legislatures to place a measure on the ballot for a popular vote, which is well-known as a legislative proposition. Only a portion of the same states allow for what is referred to as a citizen's initiative process. There are different types of citizen initiatives, some applicable only to constitutional amendment and some applicable to only statutory enactments. There are direct and indirect variations of both statutory and constitutional amendments by the people throughout the various states.

A break down of the numbers with their specific processes:

A citizen's initiative is a proposal of new legislation or constitutional amendment placed before voters by obtaining a certain number of signatures through a petition process. Twenty-four states currently have an initiative process. Eighteen of the Twenty-Four states allow initiatives to propose constitutional amendments with twenty-one states that allow citizen initiatives to propose statutes.

In most of the cases a direct initiative is allowed meaning that once a sufficient number of signatures have been gathered on conforming petitions, the proposal (constitutional or statutory) is placed on the public ballot for a vote by the people. In some of the cases an indirect initiative is allowed where the proposal first goes before the state legislature, and if approved, is not voted on by the people. There are minor variations with the processes from state to state. Sixteen states allow direct initiatives for constitutional amendments where two states allow indirect initiatives. Eleven states allow direct initiatives for statutory proposals where seven allow for indirect initiatives. Only two states allow for both direct and indirect initiatives.

Michigan specifically, allows for both legislative statutory and constitutional ballot proposals. For citizen statutory initiatives in the state of Michigan, multiplying 8% by the number of votes cast for the last governor will provide you with the total number of verified (net) signatures necessary on conforming petitions to introduce a statute. There is a circulation period of 180 days for petitions for statutory initiatives and signatures for statutes must be submitted ten days prior to the start of the legislative session.

However, according to Article II Sec 9 of the Mich. Const (1963) establishes an indirect procedure for citizen statutory initiatives:

If the law so proposed is not enacted by the legislature within the 40 days, the state officer authorized by law shall submit such proposed law to the people for approval or rejection at the next general election. The legislature may reject any measure so proposed by initiative petition and propose a different measure upon the same subject by a yea and nay vote upon separate roll calls, and in such event both measures shall be submitted by such state officer to the electors for approval or rejection at the next general election.

How the Indirect Citizen's Initiative Process Could Go Wrong in Michigan

The indirect citizen's statutory initiative procedure laid out in Michigan's State Constitution (Mich Const. 1963) allows for the legislature to simply not act within forty days, whereby the citizen proposal goes to a public vote in the next general election, but also establishes the ability of the legislature to reject and introduce an alternative (substitute) proposal to the citizens of the state to compete against the citizen's initiative in a head to head vote. The issue of an alternative proposal is where a citizen's initiative for statutory proposal can go wrong, with special interests having the ability to hi-jack the process of a citizen's initiative. In fact, an alternative proposal really could include just about anything with legislators being able to comment on their proposal publicly with the assistance of special-interest groups drowning out a true citizen's statutory proposal, the only restriction is that the substitute proposal has to be on the same "subject."

In the event that a proposed legislative substitution is introduced to compete against a citizen introduced statutory initiative, a citizen's group could find themselves up against a much worse outcome then they had before, depending on how powerful certain opponent or ideological groups are in the state on the particular issue that is involved. Therefore it is important to work with State officials, including ballot consultants within the various state agencies, to ensure many of the hurdles and pitfalls are taken care of in advance of the collection of signatures. Although it is not required at this point in Michigan to have pre-screened ballot proposal language or ballots for your initiatives before collective signatures it is always best to work with consultants at the state to prevent disqualification of your petitions and signatures.

Assuming that everything goes smoothly in your campaign "a law proposed by initiative petition which is enacted by the Legislature without change or amendment within forty days of its reception takes effect ninety days after the end of the session in which it was enacted unless two-thirds of the members of each house of the Legislature vote to give it immediate effect."Frey v. Department of Management and Budget, 429 Mich. 315, 414 N.W.2d 873 (1987).

This article only covers part of the process of citizen and legislative initiatives, and should help orient your organization to find out more information on the subject.