Michigan Repeal of Emergency Powers of Governor Act Initiative (2022)

Michigan Repeal of Emergency Powers of Governor Act Initiative
Election date November 8, 2022
Topic State executive official measures
Status Approved by the legislature
Type State statute	Origin Citizens

The Michigan Repeal of Emergency Powers of Governor Act Initiative was an indirect initiated state statute in Michigan that the state legislature approved on July 21, 2021. If the legislature had failed to act on the initiative, the measure would have appeared on the ballot for November 8, 2022.

The ballot initiative repealed the Emergency Powers of Governor Act, also known as Public Act 302 (PA 302) of 1945.

See also: Ballot measures in response to the coronavirus (COVID-19) pandemic and coronavirus-related regulations

In the Michigan State Legislature

The Board of State Canvassers certified signatures for the initiated measure on July 13, 2021. The initiated measure is an indirect initiative, meaning the Michigan State Legislature can approve the initiative, without the governor’s signature needed, or have the initiative go before voters at the election on November 8, 2022.

On July 15, 2021, the Michigan State Senate voted 20-15 to approve the initiated measure. Senate Republicans voted to pass the initiated measure, and Senate Democrats voted against the proposal.

On July 21, 2021, the Michigan House of Representatives voted 60-48 to approve the initiated measure. House Republicans, along with four House Democrats, supported the proposal. The remaining 48 House Democrats opposed the initiated measure.

Vote in the Michigan State Senate July 15, 2021
Requirement: Simple majority of members in each chamber
Number of yes votes required: 19  a
	Yes	No	Not voting
Total	20	15	1
Total percent	55.56%	41.67%	2.78%
Democrat	0	15	1
Republican	20	0	0

Vote in the Michigan House of Representatives July 21, 2021
Requirement: Simple majority of members in each chamber
Number of yes votes required: 56  a
	Yes	No	Not voting
Total	60	48	2
Total percent	54.55%	43.64%	1.82%
Democrat	4	48	0
Republican	56	0	2

Reactions

• State Rep. Andrew Fink (R-58): "Repealing the Emergency Powers of the Governor Act is a first important step to restoring representative government to our state and trusting the citizens to be a part of the solution to every problem, rather than being treated as though they are the problem itself."

• State Rep. Matt Hall (R-63): "Repealing this emergency law tells the people of Michigan that they have been heard. And our action today helps reestablish needed balance between the executive and legislative branches during an emergency, something that has been so desperately missing during this pandemic."

• Mark Fisk, spokesperson for Keep Michigan Safe: "From Day One, Unlock Michigan has been a brazen political power grab designed to hamper the abilities of those in government to act quickly and decisively during public health emergencies. ... Today, House Republicans voted to eradicate an important tool for elected leaders trying to save lives and stop the spread of deadly, infectious diseases like COVID-19, Legionnaire’s, tuberculosis and anthrax."

Overview

PA 302 was designed to:

• empower the governor to proclaim a state of emergency and designate the area involved

• empower the governor to "promulgate reasonable orders, rules, and regulations as he or she considers necessary to protect life and property or to bring the emergency situation within the affected area under control"

• define orders, rules, and regulations to include (but not limited to): traffic control; designation of areas where the occupancy and use of buildings and vehicles are prohibited or regulated; control of places of amusement and assembly; establishment of a curfew; control of the sale, transportation, and use of alcoholic beverages; and control of the storage, use, and transportation of explosives or inflammable materials or liquids deemed as dangerous to public safety

• exclude the seizure, taking, or confiscation of lawfully possessed firearms, ammunition, or other weapons from the definition of orders, rules, and regulations

• make emergency orders, rules, and regulations effective from the date that the governor makes them public to the date that the governor declares that the state of emergency no longer exists

• declare that the legislative intent of PA 302 is to invest "the governor with sufficiently broad power of action in the exercise of the police power of the state to provide adequate control over persons and conditions during such periods of impending or actual public crisis or disaster" and to provide that the "act shall be broadly construed to effectuate this purpose."

• allow violations of the orders, rules, and regulations to be punished as misdemeanors when the orders, rules, and regulations state that violations shall be considered as misdemeanors

Text of measure

Full text

The ballot initiative repealed the Emergency Powers of Governor Act, also known as Public Act 302 (PA 302) of 1945. The following was the full text of Public Act 302 (MCL 10.31 to 10.33):

10.31 Proclamation of state of emergency; promulgation of orders, rules, and regulations; seizure of firearms, ammunition, or other weapons. (1) During times of great public crisis, disaster, rioting, catastrophe, or similar public emergency within the state, or reasonable apprehension of immediate danger of a public emergency of that kind, when public safety is imperiled, either upon application of the mayor of a city, sheriff of a county, or the commissioner of the Michigan state police or upon his or her own volition, the governor may proclaim a state of emergency and designate the area involved. After making the proclamation or declaration, the governor may promulgate reasonable orders, rules, and regulations as he or she considers necessary to protect life and property or to bring the emergency situation within the affected area under control. Those orders, rules, and regulations may include, but are not limited to, providing for the control of traffic, including public and private transportation, within the area or any section of the area; designation of specific zones within the area in which occupancy and use of buildings and ingress and egress of persons and vehicles may be prohibited or regulated; control of places of amusement and assembly and of persons on public streets and thoroughfares; establishment of a curfew; control of the sale, transportation, and use of alcoholic beverages and liquors; and control of the storage, use, and transportation of explosives or inflammable materials or liquids deemed to be dangerous to public safety. (2) The orders, rules, and regulations promulgated under subsection (1) are effective from the date and in the manner prescribed in the orders, rules, and regulations and shall be made public as provided in the orders, rules, and regulations. The orders, rules, and regulations may be amended, modified, or rescinded, in the manner in which they were promulgated, from time to time by the governor during the pendency of the emergency, but shall cease to be in effect upon declaration by the governor that the emergency no longer exists. (3) Subsection (1) does not authorize the seizure, taking, or confiscation of lawfully possessed firearms, ammunition, or other weapons. 10.32 Construction of act. It is hereby declared to be the legislative intent to invest the governor with sufficiently broad power of action in the exercise of the police power of the state to provide adequate control over persons and conditions during such periods of impending or actual public crisis or disaster. The provisions of this act shall be broadly construed to effectuate this purpose. 10.33 Violation; misdemeanor. The violation of any such orders, rules and regulations made in conformity with this act shall be punishable as a misdemeanor, where such order, rule or regulation states that the violation thereof shall constitute a misdemeanor.

Support

Unlock Michigan led the campaign in support of the ballot initiative.

Supporters

• Americans for Prosperity
• Associated Builders and Contractors
• Michigan Citizens for Fiscal Responsibility
• National Federation of Independent Business

Arguments

• Fred Wszolek, a spokesperson for Unlock Michigan, stated, "We believe no governor should ever have the unilateral power to lock down the state, govern by decree, and micromanage every aspect of life and culture."

• Charlie Owens, state director of the National Federation of Independent Business, said, "Preserving the balance of power in governance in both our state and federal Constitutions is one of the hallmarks of our system of representative government. Unfortunately, efforts to address the serious situation with the COVID-19 outbreak has resulted in unilateral actions by the Executive Office with little consultation or cooperation from legislative leadership. Instead, the governor has issued more than one hundred executive orders that are often arbitrary, conflicting, and difficult to implement for Michigan small business. As a result, Michigan is struggling to restart our economy and allow small business to reengage in commerce and bring back jobs for our citizens."

Opposition

Keep Michigan Safe led the campaign in opposition to the ballot initiative.

Arguments

• Gov. Gretchen Whitmer (D) said, "Any attempt to strip away the powers of the governor during this crisis is irresponsible, dangerous and foolish. If we hadn't taken the actions that we had, thousands more would have died in this state."

Campaign finance

See also: Campaign finance requirements for Michigan ballot measures

One PAC, Unlock Michigan, was registered to support the ballot initiative. The committee raised $2.83 million, including $1.81 million from Michigan Citizens for Fiscal Responsibility.

One PAC, Keep Michigan Safe, was registered to oppose the ballot initiative. The committee raised $852,608, including $750,000 from the Road To Michigan's Future.

	Cash Contributions	In-Kind Contributions	Total Contributions	Cash Expenditures	Total Expenditures
Support	$2,783,417.14	$50,000.00	$2,833,417.14	$2,781,849.29	$2,831,849.29
Oppose	$852,608.73	$0.00	$852,608.73	$842,235.04	$842,235.04
Total	$3,636,025.87	$50,000.00	$3,686,025.87	$3,624,084.33	$3,674,084.33

Support

The following table includes contribution and expenditure totals for the committee in support of the ballot initiative.

Committees in support of Repeal of Emergency Powers of Governor Act Initiative
Committee	Cash Contributions	In-Kind Contributions	Total Contributions	Cash Expenditures	Total Expenditures
Unlock Michigan	$2,783,417.14	$50,000.00	$2,833,417.14	$2,781,849.29	$2,831,849.29
Total	$2,783,417.14	$50,000.00	$2,833,417.14	$2,781,849.29	$2,831,849.29

Donors

The following were the top donors to the support committees.

Donor	Cash Contributions	In-Kind Contributions	Total Contributions
Michigan Citizens for Fiscal Responsibility	$1,805,200.00	$0.00	$1,805,200.00
Michigan! My Michigan!	$450,000.00	$0.00	$450,000.00
Ronald Weiser	$100,000.00	$0.00	$100,000.00
Americans for Prosperity	$0.00	$50,000.00	$50,000.00
Associated Builders and Contractors	$50,000.00	$0.00	$50,000.00
Associated Builders and Contractors - Michigan	$50,000.00	$0.00	$50,000.00

Opposition

The following table includes contribution and expenditure totals for the committee in opposition to the ballot initiative.

Committees in opposition to Repeal of Emergency Powers of Governor Act Initiative
Committee	Cash Contributions	In-Kind Contributions	Total Contributions	Cash Expenditures	Total Expenditures
Keep Michigan Safe	$852,608.73	$0.00	$852,608.73	$842,235.04	$842,235.04
Total	$852,608.73	$0.00	$852,608.73	$842,235.04	$842,235.04

Donors

The following was the top donor to the opposition committees.

Donor	Cash Contributions	In-Kind Contributions	Total Contributions
Road To Michigan's Future	$750,000.00	$0.00	$750,000.00

Background

Conflict between governor and legislature on COVID orders

See also: Government responses to and political effects of the coronavirus pandemic, 2020 (Michigan)

On March 10, 2020, Gov. Gretchen Whitmer (D) signed an emergency disaster declaration following the first two positive cases of COVID-19 in Michigan. Gov. Whitmer cited the Emergency Powers of the Governor Act of 1945 as empowering the governor to "declare a state of emergency if he or she finds that an emergency has occurred or that the threat of an emergency exists." On March 13, the governor signed an order to prohibit events hosting more than 250 people. On March 16, Gov. Whitmer ordered several types of businesses to close, including restaurants, bars, theaters, performance venues, libraries, museums, gyms and recreation centers, casinos, and places of public amusement. On March 23, she issued the Stay Home, Stay Safe executive order, which directed residents to "remain at home or in their place of residence to the maximum extent feasible." The stay-at-home order expired on June 19, 2020. In November and December 2020, the governor closed several types of businesses and schools in response to increasing coronavirus cases.

Under the Emergency Powers of the Governor Act of 1945, the governor is required to terminate the emergency order after 28 days, unless the order is approved by the state legislature. Gov. Whitmer asked the legislature to approve the emergency order for a 70-day period. Senate Majority Leader Mike Shirkey (R-16) said Republicans were open to extending the emergency order but for a shorter period. On April 7, the legislature voted to extend the emergency order by 23 days to April 30.

On April 30, 2020, the Republican-controlled Michigan State Legislature did not approve the governor's order. Instead, the governor issued a new order, stating that Republicans were "putting their heads in the sand and putting more lives and livelihoods at risk." Senate Majority Leader Mike Shirkey (R-16) responded, "We can no longer allow one person to make decisions for 10 million people."

The Michigan State Legislature voted to sue Gov. Whitmer, contending that she violated the state constitution and state law by issuing a new emergency order. On May 21, 202, the Michigan Court of Claims ruled that Gov. Whitmer had the power to issue new emergency orders after previous ones expired. The legislature asked the Michigan Supreme Court to hear the case, but the justices, in a 4-3 decision, ruled that the lawsuit should follow the normal appeals process and had to be appealed to the Court of Appeals. On August 21, 2020, the Court of Appeals ruled in favor of Gov. Whitmer, stating that the governor's actions were permissible under the Emergency Powers of the Governor Act.

On October 2, 2020, the Michigan Supreme Court, in a 4-3 decision, ruled that the Emergency Powers of the Governor Act of 1945 violated the Michigan State Constitution "because it purports to delegate to the executive branch the legislative powers of state government—including its plenary police powers—and to allow the exercise of such powers indefinitely." Justice Stephen Markman wrote, "Accordingly, the executive orders issued by the Governor in response to the COVID-19 pandemic now lack any basis under Michigan law." Chief Justice Bridget McCormack, who dissented, argued that the majority "[created] a new constitutional rule to strike down a 75-year-old statute." Gov. Whitmer called the ruling "deeply deeply disappointing," and said, "I vehemently disagree with the court's interpretation of the Michigan Constitution. Right now, every state and the federal government have some form of declared emergency." House Speaker Lee Chatfield (R-107) said the ruling was a "big win for our democratic process."

Path to the ballot

See also: Laws governing the initiative process in Michigan

Process in Michigan

In Michigan, the number of signatures required to qualify an indirect initiated state statute for the ballot is equal to 8 percent of votes cast for governor in the last gubernatorial election. Signatures older than 180 days are invalid, which means all signatures must be collected within a 180-day window. Petitions for initiated statutes must be filed 160 days prior to the election. Successful initiative petitions are sent to the legislature, which then has 40 days to pass the proposed law. If the legislature does not approve the initiative, it goes on the ballot. If the legislature approves the initiative, it becomes law without needing the signature of the governor.

The requirements to get an initiated state statute certified for the 2022 ballot:

• Signatures: 340,047 valid signatures were required.
• Deadline: The deadline to submit signatures was June 1, 2022.

Signature petitions are filed with the secretary of state and verified by the board of state canvassers using a random sample method of verification.

Stages of this initiative

The campaign Unlock MI filed a petition with the State Board of Canvassers in June 2020. The State Board of Canvassers voted to approved the petition on July 6, 2020, allowing proponents to begin collecting signatures. Fred Wszolek, a spokesperson for Unlock MI, said the campaign was using paid circulators and had about 60,000 volunteers. On August 24, Michigan Radio reported that Wszolek said that the campaign had collected more than half of the required signatures. On October 2, 2020, the campaign reported submitting 539,000 signatures.

On April 9, 2021, Keep Michigan Safe, the committee opposed to the ballot initiative, filed a complaint with the Board of State Canvassers regarding canvassers and challenged 180 of 500 randomly sampled signatures as invalid.

On April 19, 2021, elections staff issued the results of a random sample of 506 signatures, projecting that 460,358 of the submitted signatures were valid. On April 22, 2021, the Board of State Canvassers voted 2-2 on certifying the petition as sufficient. The divided vote meant that the motion failed. The Board's two Republicans voted in favor, and the Board's two Democrats voted in opposition.

On June 11, 2021, the Michigan Supreme Court unanimously ruled that the Board "has a clear legal duty to certify the petition." On July 9, the Supreme Court again ruled that the Board needed to certify the initiative after the committee Keep Michigan Safe asked the court to reconsider.

The Board of State Canvassers certified the initiative petition on July 13, 2021.

How to cast a vote

See also: Voting in Michigan

Click "Show" to learn more about voter registration, identification requirements, and poll times in Michigan.

How to cast a vote in Michigan

Poll times In Michigan, polls are open from 7 a.m. to 8 p.m. local time. Most of the state is observes Eastern Time, while several counties observe Central Time. An individual who is in line at the time polls close must be allowed to vote. Registration Check your voter registration status here. To vote in Michigan, a voter must be a United States citizen and a resident of their city or township for at least 30 days. Voters must be at least 18 years old by Election Day, and not be currently serving a sentence in jail or prison. Voters may register to vote online, by mail, or in person at clerk's offices in their county, city, or township, or at a state department branch office 15 days or earlier before an election . Within 14 days of an election and on Election Day, voters can register in person at their local clerk's office by presenting proof of residency documentation. According to the Michigan Secretary of State's website: “ Proof of residency is official documentation (paper or digital) that lists a voter’s current name and address. When registering to vote within 14 days of an election, voters must present one form of proof of residency in person at a local clerk’s office. Proof of residency examples include: Michigan driver’s license, state ID, or U.S. Passport A utility bill Insurance documents (health, car, home, etc.) A bank or credit card statement Financial aid or school enrollment documents A lease agreement A paycheck or other government check Other government document ” Automatic registration Michigan automatically registers eligible individuals to vote when they apply for or update a driver’s license or personal identification card. Online registration See also: Online voter registration Michigan has implemented an online voter registration system. Residents can register to vote by visiting this website. Same-day registration Michigan allows same-day voter registration. Residency requirements Michigan law requires 30 days of residency in the state before a person may vote. Verification of citizenship See also: Laws permitting noncitizens to vote in the United States Michigan does not require proof of citizenship for voter registration. An individual applying to register to vote must attest that they are a U.S. citizen under penalty of perjury. All 49 states with voter registration systems require applicants to declare that they are U.S. citizens in order to register to vote in state and federal elections, under penalty of perjury or other punishment. Seven states — Alabama, Arizona, Georgia, Kansas, Louisiana, New Hampshire, and Wyoming — have laws requiring verification of citizenship at the time of voter registration, whether in effect or not. In three states — California, Maryland, and Vermont — at least one local jurisdiction allows noncitizens to vote in some local elections. Noncitizens registering to vote in those elections must complete a voter registration application provided by the local jurisdiction and are not eligible to register as state or federal voters. Verifying your registration This page, administered by the Michigan Department of State, allows residents to check their voter registration status online. Voter ID requirements Michigan requires voters to present photo identification while voting. Voters without identification can cast a regular ballot by signing an affidavit. The following list of accepted ID was current as of October 2024. Click here for the Michigan Secretary of State page on accepted ID to ensure you have the most current information. Michigan driver’s license Michigan personal identification card Current driver’s license or personal ID card issued by another state Current operator's or chauffeur's license Current federal, state, or local government-issued photo ID Current U.S. passport Current military identification card with photo Current student identification with photo from an educational institution Current tribal identification card with photo. Voters can obtain a state identification card at a secretary of state branch office for $10. Voters over the age of 65, voters who are blind, and voters whose driving privileges have been terminated due to a physical or mental disability can obtain an identification card for free. Additionally, voters who can present a reason for having the fee waived may also obtain an ID for free. Visit the Michigan secretary of state’s page or call (888) SOS-MICH (767-6424) for more information.

See also

2022 measures

• 2022 ballot measures
• State executive official measures on the ballot

Michigan

• Michigan ballot measures
• Michigan ballot measure laws

News and analysis

• Ballot measure lawsuits
• Ballot measure readability
• Ballot measure polls