Michigan Supreme Court, in a 4-3 decision, rules that an independent redistricting initiative can remain on general election ballot
The Michigan Supreme Court, in a 4-3 decision, ruled that a redistricting ballot initiative shall remain on the ballot for the election on November 6, 2018.
If approved, the ballot initiative would transfer the power to draw the state's congressional and legislative districts from the Michigan State Legislature to a 13-member redistricting commission. Citizens Protecting Michigan’s Constitution, a PAC that is opposed to the initiative, brought the case forward, contending that the ballot initiative would change the fundamental operation of state government, which state law prohibited.
Justice David Viviano, writing for the court’s four-justice majority, disagreed with the plaintiffs. Justice Viviano wrote that the initiative would not “significantly alter or abolish the form or structure of our government” nor “propose changes creating the equivalent of a new constitution;” therefore, the ballot initiative does not violate the law. The majority consisted of two Republican and two Democratic justices.
Chief Justice Stephen Markman wrote the minority’s opinion, which agreed with plaintiffs that the ballot initiative would fundamentally change state government. He wrote that the initiative “would affect the ‘foundation’ power of government by removing altogether from the legislative branch authority over redistricting and consolidating that power instead in an ‘independent’ commission made up of 13 randomly selected individuals who are not in any way chosen by the people, representative of the people, or accountable to the people.” The minority consisted of three Republican justices.
As plaintiffs argued that the ballot initiative violated state constitutional law, the Michigan Supreme Court has final jurisdiction over the case.
Voters in Colorado and Utah will also address redistricting initiatives in November.
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