Difference between revisions of "Laws governing local ballot measures in Michigan"

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{{recall badge}}{{TOCnestright}}{{lawshort}}The citizens of [[Michigan]] are granted the authority to perform a '''recall election''' by [[Article II, Michigan Constitution#Section 8|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.
 
{{recall badge}}{{TOCnestright}}{{lawshort}}The citizens of [[Michigan]] are granted the authority to perform a '''recall election''' by [[Article II, Michigan Constitution#Section 8|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 [[Laws governing recall#State, local, and federal|one of nine states]] with provisions that say that the right of recall extends to recalling members of its [[U.S. Congress|federal congressional delegation]], but it hasn't been clear whether federal courts would allow states to actually recall their federal politicians.<ref>[http://biggovernment.com/pferrara/2010/02/09/the-right-of-recall/ ''Big Government'', "The Right of Recall", February 9, 2010]</ref>  
+
Michigan is [[Laws governing recall#State, local, and federal|one of nine states]] with provisions that say that the right of recall extends to recalling members of its [[U.S. Congress|federal congressional delegation]], but it hasn't been clear whether federal courts would allow states to actually recall their federal politicians.<ref>[http://biggovernment.com/pferrara/2010/02/09/the-right-of-recall/ ''Big Government'', "The Right of Recall," February 9, 2010]</ref>  
  
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.<ref name=freep>[http://www.freep.com/article/20100326/NEWS05/3260373/1001/News/To-file-a-recall-follow-the-rules ''Detroit Free Press'', "To file a recall, follow the rules", March 26, 2010]</ref>
+
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.<ref name=freep>[http://www.freep.com/article/20100326/NEWS05/3260373/1001/News/To-file-a-recall-follow-the-rules ''Detroit Free Press'', "To file a recall, follow the rules," March 26, 2010]</ref>
  
 
:: ''For additional detail, see: [[Laws governing recall in Michigan]]''
 
:: ''For additional detail, see: [[Laws governing recall in Michigan]]''

Revision as of 07:27, 20 March 2014


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Laws Governing Local Ballot Measures

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Terms
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Michigan Constitution
Seal of Michigan.png
Preamble
Articles
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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.[1]

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.[2]

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

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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.[3]

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.[4]

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.[2]

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.

DocumentIcon.jpg 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 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.


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
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Local I&R Laws in the 50 States
Laws governing local ballot measures in WashingtonLaws governing local ballot measures in OregonLaws governing local ballot measures in CaliforniaLaws governing local ballot measures in NevadaLaws governing local ballot measures in ArizonaLaws governing local ballot measures in AlaskaLaws governing local ballot measures in HawaiiLaws governing local ballot measures in UtahLaws governing local ballot measures in IdahoLaws governing local ballot measures in MontanaLaws governing local ballot measures in WyomingLaws governing local ballot measures in ColoradoLaws governing local ballot measures in New MexicoLaws governing local ballot measures in TexasLaws governing local ballot measures in OklahomaLaws governing local ballot measures in KansasLaws governing local ballot measures in NebraskaLaws governing local ballot measures in South DakotaLaws governing local ballot measures in North DakotaLaws governing local ballot measures in MinnesotaLaws governing local ballot measures in IowaLaws governing local ballot measures in MissouriLaws governing local ballot measures in ArkansasLaws governing local ballot measures in LouisianaLaws governing local ballot measures in MississippiLaws governing local ballot measures in TennesseeLaws governing local ballot measures in AlabamaLaws governing local ballot measures in FloridaLaws governing local ballot measures in GeorgiaLaws governing local ballot measures in South CarolinaLaws governing local ballot measures in North CarolinaLaws governing local ballot measures in KentuckyLaws governing local ballot measures in VirginiaLaws governing local ballot measures in West VirginiaLaws governing local ballot measures in WisconsinLaws governing local ballot measures in IllinoisLaws governing local ballot measures in IndianaLaws governing local ballot measures in MichiganLaws governing local ballot measures in MichiganLaws governing local ballot measures in OhioLaws governing local ballot measures in PennsylvaniaLaws governing local ballot measures in MarylandLaws governing local ballot measures in MarylandLaws governing local ballot measures in DelawareLaws governing local ballot measures in DelawareLaws governing local ballot measures in ConnecticutLaws governing local ballot measures in New JerseyLaws governing local ballot measures in New JerseyLaws governing local ballot measures in New YorkLaws governing local ballot measures in ConnecticutLaws governing local ballot measures in MassachusettsLaws governing local ballot measures in Rhode IslandLaws governing local ballot measures in MassachusettsLaws governing local ballot measures in VermontLaws governing local ballot measures in New HampshireLaws governing local ballot measures in MaineLaws governing local ballot measures in New HampshireLaws governing local ballot measures in VermontLocal I&R 50 states Map.png
Source:Local Ballot Initiatives: How citizens change laws with
clipboards, conversations, and campaigns
List of Most Populated Cities in Michigan
City[7] Population City Type Next election
Detroit 706,585 Charter 2017
Grand Rapids 189,815 Charter N/A
Warren 134,243 Charter N/A
Sterling Heights 129,880 Charter N/A
Ann Arbor 114,925 Charter N/A
Lansing 114,605 Charter N/A
Flint 101,558 Charter N/A
Dearborn 97,144 Charter N/A
Livonia 95,958 Charter N/A
Westland 83,239 Charter N/A


External links

References