Laws governing local ballot measures in Michigan

Laws Governing Local Ballot Measures

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Initiative • Home rule • General law city • Charter city • Petition • Circulation period • Circulator • Paid circulator • Volunteer circulator • Circulator affidavit • Signer • Valid signature • Forged signature • Fraudulent signature • Invalid signature • Electronic petition signature • Legislative tampering • Registered voter

Michigan Constitution
Articles
Preamble • I • II • III • IV • V • VI • VII • VIII • IX • X • XI • XII • Schedule

Many Michigan local governments have access to an initiative and referendum process for local ballot measures.

This article sets out the laws governing local ballot measures Michigan. It explains:

• Which local units of government make the initiative process available to residents.
• How and whether local units of government, including school districts, can refer local ballot measures (such as school bond propositions) to the ballot.
• An overview of laws governing local recall elections.

Types of local government

Local government in Michigan consists of:

• 277 city governments
• 256 village governments
• 1240 township governments
• 83 county governments
• In addition, there are 445 special districts and 576 independent school districts.

Further classification:

Counties may be general law or chartered. 2 counties, Wayne and Macomb, are governed under a charter.

All 277 cities are governed under a charter. Villages have the option of adopting a charter, and 46 have done so.

School districts

See also: School bond and tax elections in Michigan

School bond and tax elections in Michigan are held under two circumstances.

• To issue new bonding
• To exceed the property tax cap or sinking fund levy limit.

However, before a school board can place a bond measure on the ballot, the bond must be qualified through the Michigan School Bond Qualification and Loan Program, or SBQLP. SBQLP is authorized through the Michigan Constitution.

Local recall rules

Historical recalls
Recall news
Recall laws
Recall portal

Ballot Law Portal

Laws Governing Ballot Measures

The citizens of Michigan are granted the authority to perform a recall election by Section 8 of Article II of the Michigan Constitution. All elected officials in the state are subject to recall except judges of courts of record. This right of recall was created in 1908. Michigan and Oregon, which also created the right of recall in 1908, were the first two states to adopt statewide recall procedures.

Michigan is one of nine states with provisions that say that the right of recall extends to recalling members of its federal congressional delegation, but it hasn't been clear whether federal courts would allow states to actually recall their federal politicians.

Michigan politicians who are otherwise subject to recall cannot be recalled in the first six months, or the last six months, of their current term in office.

For additional detail, see: Laws governing recall in Michigan

Initiative process availability

An initiative process is available in:

• 2 charter counties which have a mandated initiative process.
• 46 Home-rule villages which have a mandated initiative process.
• 277 charter cities which have a mandated initiative process for charter amendments. Cities may also adopt initiative for ordinances in their charter, and many have done so.

Authority

Section 117.21 of the Michigan Compiled Laws mandates an initiative process for charter amendments. Section 117.4i authorizes charters to include initiative for ordinances.

See law: MCL 117.21, 117.4i

As for home rule villages, Michigan Compiled Laws sections 78.14 and 78.17 require the ability for initiatives to propose amendments to a charter. It requires gathering signatures equal to 20% of the the total vote cast for president in the last general election. Michigan Revised Code section 78.23 states that Home Rule Villages must determine on their own how to adopt, amend, or repeal ordinances.

Initiative process features

All cities (all of which have a charter) have a state mandated initiative process for charter amendments.

Charter Amendment Initiative Process   Subject matter restrictions All city charters may be amended through an initiative petition. This includes a single subject rule. Rejected amendments may not be resubmitted for two years. (MCL §117.21) Permissible charter subjects, including local I&R for ordinances, are listed in MCL §117.4c,f, and i. Petition text approval There was no process found for approval prior to circulation. Signatures required 5% of registered and eligible voters (MCL §117.25) Circulation Signatures are valid for 1 year. (MCL §117.25) Petition appearance and content Petition appearance is subject to Section 1, 4, 5, and 6 of Michigan Code 168.482 (via 117.25a and 168.488). Scheduling/results of election The city clerk has 45 days to certify the petition. The question is then scheduled for the next regular or general election more than 90 days after certification. (MCL §117.25) Special elections may also be scheduled on regular election dates if the petition requests it and has signatures from more than 20% of the population. It must be scheduled within 120 days of filing, and the clerk has 90 days to call the election. (MCL §117.25)

Initiative process in the top 10 most populated cities

The top 10 most populated cities in Michigan are governed under a home rule charter, as are all cities. Initiative is available for charter amendments as detailed above. In addition, the 10 cities below have all authorized initiative for ordinances. The provisions below come from the specific city charter or code. Click on the citation links to read the full requirements for the initiative process.

A guide to local ballot initiatives

Local I&R Laws in the 50 States

Source:Local Ballot Initiatives: How citizens change laws with clipboards, conversations, and campaigns

List of Most Populated Cities in Michigan
City	Population	City Type	Next election
Detroit	706,585	Charter
Grand Rapids	189,815	Charter
Warren	134,243	Charter
Sterling Heights	129,880	Charter
Ann Arbor	114,925	Charter
Lansing	114,605	Charter
Flint	101,558	Charter
Dearborn	97,144	Charter
Livonia	95,958	Charter
Westland	83,239	Charter

Individual city provisions   Detroit Charter city Population as of the July, 2011 census update: 706,585 The signature requirement is 3% of all votes cast for the office of Mayor at the preceding regular city general election. Petition content requirements can be found in the Detroit Charter, Sec. 12-102. Petitions must be filed with the city clerk not less than 140 days before the election at which it is to be voted on. Any signature obtained more than 6 months before the filing of the petition with the city clerk shall not be counted. After certification, the council has 60 days to adopt the measure or they shall submit it at the next election in the city, or, at the discretion of the city council, at a special election, subject to applicable provisions of the Michigan Election Law, MCL 168.1, et seq. Restrictions: Initiative does not extend to the budget or any ordinance for the appropriation of money. Detroit Charter, Art. 12 Grand Rapids Charter city Population as of the July, 2011 census update: 189,815 The signature requirement is 12% of the registered voters of the city. Petition content requirements can be found in the Grand Rapids Charter, Title IV, Sec. 1,2. After certification, the city commission has 20 days to adopt the measure or they shall submit it at a special election, unless a general or special election is to be held within 6 months thereafter. Grand Rapids Charter, Title IV Warren Charter city Population as of the July, 2011 census update: 134,243 The signature requirement is 15% of the registered electors of the city. Petition content requirements can be found in the Warren Charter, Sec. 6.9. Before being circulated for signatures, such petitions may be approved as to form by the city attorney. Any signatures obtained more than 90 days before the filing of such a petition with the clerk shall not be counted. After certification, the council has 30 days to adopt the measure or they shall submit it at the next election held in the city for any purpose, or, at the discretion of the council, at a special election. Warren Charter, Chap. 6 Sterling Heights Charter city Population as of the July, 2011 census update: 129,880 The signature requirement is 15% of all votes cast for governor of the State of Michigan at the last fall election held in the state, but in no case less than 1500. Petition content requirements can be found in the Sterling Heights Charter, Sec. 6.09. Completed petitions should be filed with the clerk at the same time. After certification, the council has 4 weeks to adopt or they shall submit it at the next election occurring more than 30 days thereafter, but no special election shall ever be called by the council for the purpose of referendum only. Sterling Heights Charter, Chap. 6 Ann Arbor Charter city Population as of the July, 2011 census update: 114,925 The signature requirement is 20% of all the votes cast for the office of Mayor at the most recent mayoral election. Petition content requirements can be found in the Ann Arbor Charter, Sec. 7.10. Signatures dated more than one year prior to the filing of the petition shall not be counted. After certification, the question of approval of the ordinance shall be submitted to the voters in the next city election which is at least 90 days after the filing of the petition. Ann Arbor Charter, Sec. 7.10 Lansing Charter city Population as of the July, 2011 census update: 114,605 The signature requirement is 5% of registered electors of the city. Petition content requirements can be found in the Lansing Charter, Sec. 2-403. Before being circulated for signatures, such petitions may be approved as to form by the city attorney. Any signatures obtained more than 90 days before the filing of such a petition with the clerk shall not be counted. After certification, the council has 30 days to adopt the measure or they shall submit it at the next regular election, or at a special election held prior to the next regular election. Lansing Charter, Art. 2, Chap. 4 Flint Charter city Population as of the July, 2011 census update: 101,558 The signature requirement is 15% of the total number of votes cast for Mayor at the last regular mayoral election. Petition content requirements can be found in the Flint Charter, Sec. 2-402. Petitions must be filed not less than 90 days before the election at which it is to be vote on. Any signatures obtained more than 90 days before the filing of such petition with the clerk shall not be counted. After certification, the council has 30 days to adopt the measure or they shall submit it at the next election, or at a special election held prior to the next election. Restrictions: Initiative does not extend to the budget or any ordinance for the appropriation of money. Flint Charter, Sec. 2-401 to 409 Dearborn Charter city Population as of the July, 2011 census update: 97,144 The signature requirement is 5% of the registered electors of the city. After certification, the council has three successive regular meetings to adopt the measure or they shall submit it at the next election in the city. No separate election shall be held for the purpose of initiative except as provided by law. Restrictions: Initiative is not available for appropriations. Dearborn Charter, Chap. 9 Livonia Charter city Population as of the July, 2011 census update: 95,958 The signature requirement is 25% of the number of electors that voted at the last general city election. Before being circulated for signatures, petitions shall be approved as to form by the city attorney. Completed petitions are filed with the city clerk. After certification, the council has 30 days to adopt the measure or they shall submit it at the next election held in the city for any other purpose or, at the discretion of the council, at a special election. Livonia Charter, Chap. 4, Sec. 29 Westland Charter city Population as of the July, 2011 census update: 83,239 The signature requirement is 15% of all votes cast for Mayor at the last preceding election at which a Mayor of the city was elected; but in no case less than 1,500. Petition content requirements can be found in the Westland Charter, Sec. 7.7. Completed petitions should be filed with the city clerk at the same time. After certification, the council has 4 weeks to adopt the measure or they shall submit it at the next election occurring more than 30 days thereafter, at which questions of propositions submitted by the Council may be voted upon by the electors; but no special election shall ever be called by the Council for the purpose of referendum only. Westland Charter, Chap. 7

External links

• Ballotpedia research document
• Organization of city and village government in Michigan
• Michigan municipal league