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Laws governing local ballot measures in Michigan: Difference between revisions

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{{Local ballot law vnt}}{{tnr}}{{MIConstitution}}Many Michigan local governments have access to an [[initiative]] and [[referendum]] process for local ballot measures.
{{Local ballot law vnt}}


This article sets out the '''laws governing <u>local</u> ballot measures Michigan'''. It explains:
This page describes the state constitutional provisions and statutes that govern local ballot measures in Michigan. Jurisdictions often establish additional rules within the parameters of state law; those can be found in local ordinances and home-rule charters.


* Which local units of government make the initiative process available to residents.
<div style="font-size:1em; line-height: 1.4;">Explore the links below for more information:</div>
* How and whether local units of government, including school districts, can refer local ballot measures (such as school bond propositions) to the ballot.
* [[#Law|Laws addressing local ballot measure powers in Michigan]]
* An overview of [[laws governing recall in Michigan|laws governing local recall elections]].
* [[#General|General requirements for local ballot measures]]
* [[#Initiatives|Rules for citizen-initiated local ballot measures]]
* [[#Referrals|Rules for referred local ballot measures]]


==Types of local government==
==Law==
{{Michigantypeslocalgovt}}
The Michigan Constitution and Michigan Compiled Laws establish the rules that govern local ballot measures in the state.


==School districts==
* '''Constitution''':  
:: ''See also: [[School bond and tax elections in Michigan]]''
** [[Article VII, Michigan Constitution]]
** [[Article IX, Michigan Constitution]]


'''School bond and tax elections in Michigan''' are held under two circumstances.
* '''Statute''':
** [https://www.legislature.mi.gov/Laws/MCL?objectName=MCL-CHAP168 Michigan Election Law (MCL 168)]
** [https://www.legislature.mi.gov/Laws/MCL?objectName=MCL-CHAP117 Home Rule City Act (MCL 117)]
** [https://www.legislature.mi.gov/Laws/MCL?objectName=MCL-CHAP78 Home Rule Village Act (MCL 78)]
** [https://www.legislature.mi.gov/Laws/MCL?objectName=MCL-CHAP380 Revised School Code (MCL 380)]
** [https://www.michigan.gov/treasury/0,4679,7-121-1751_2228---,00.html School Bond Qualification and Loan Program (SBQLP)]


* To issue new bonding
==General==
* To exceed the property tax cap or sinking fund levy limit.
The following outlines the general rules that govern local ballot measures in Michigan, including both citizen-initiated measures and referred measures from local government bodies.


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]].
* '''Vote requirements''': Most local ballot measures require a simple majority vote for passage.<ref name=MCL380>[https://www.legislature.mi.gov/Laws/MCL?objectName=MCL-CHAP380 ''Michigan Compiled Laws'', "MCL Chapter 380 – Revised School Code," accessed November 6, 2025]</ref>
** Certain millages require a 2/3 vote.<ref name=MCL211>[https://www.legislature.mi.gov/Laws/MCL?objectName=MCL-CHAP211 ''Michigan Compiled Laws'', "MCL Chapter 211," accessed November 20, 2025]</ref>
** Acquiring or granting a non-revocable public-utility franchise requires a three-fifths (60%) majority of votes for approval.<ref name=ConstVII>[https://www.legislature.mi.gov/mileg.aspx?page=getobject&objectname=mcl-Constitution ''Michigan Constitution'', "Article VII," accessed November 6, 2025]</ref>


==Local recall rules==
* '''Required ballot measures''':
** New or increased local taxes (under the Headlee Amendment) require voter approval.<ref name=ConstVII/><ref>[https://www.legislature.mi.gov/mileg.aspx?page=getobject&objectname=mcl-Constitution ''Michigan Constitution'', "Article IX," accessed November 6, 2025]</ref>
** School district bonds and many school capital millages require voter approval.<ref name=MCL380/><ref name=SBQLP>[https://www.michigan.gov/treasury/0,4679,7-121-1751_2228---,00.html ''Michigan Department of Treasury'', "School Bond Qualification and Loan Program," accessed November 6, 2025]</ref>
** Local charter adoptions and charter amendments require voter approval.<ref name=MCL117>[https://www.legislature.mi.gov/Laws/MCL?objectName=MCL-CHAP117 ''Michigan Compiled Laws'', "MCL Chapter 117 – Home Rule City Act," accessed November 6, 2025]</ref><ref name=MCL78>[https://www.legislature.mi.gov/Laws/MCL?objectName=MCL-CHAP78 ''Michigan Compiled Laws'', "MCL Chapter 78 – Home Rule Village Act," accessed November 6, 2025]</ref>
** The consolidation or merging of counties, or certain reductions to size of counties, require voter approval.<ref name=ConstVII/>
** The acquiring or granting of a non-revocable public-utility franchise, or selling a municipal public utility, requires voter approval.


{{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.
* '''Election timing''': Most local ballot measures are placed on the ''regular election date''. Local statutes may dictate whether questions appear on general elections, regular municipal elections, or special elections.<ref name=MCL168>[https://www.legislature.mi.gov/Laws/MCL?objectName=MCL-CHAP168 ''Michigan Compiled Laws'', "MCL Chapter 168 – Michigan Election Law," accessed November 6, 2025]</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>
==Initiatives==
The following outlines additional rules that govern local citizen-initiated ballot measures in Michigan.


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>
* '''Authority''': 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.<ref name=MCL117/><ref name=MCL78/>


:: ''For additional detail, see: [[Laws governing recall in Michigan]]''
* '''Signatures''':
** Home-rule cities have an initiative signature requirement of 5% of registered and eligible voters.<ref name=MCL117/>
** Home-rule villages have an initiative signature requirement of 20% for local charter amendments.<ref name=MCL78/>


==Initiative process availability==
* '''Deadlines''':
** All initiative signatures must be submitted within 90 days after the filing of the petition.<ref name=MCL117/>
** The city or village clerk has up to 45 days to verify the signatures and certify the initiative.<ref name=MCL117/>
** Signatures are valid up to one year.<ref name=MCL117/>
** The question is then scheduled for the next regular or general election more than 90 days after certification.<ref name=MCL117/>
** 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.<ref name=MCL117/>


{{MichiganlocalI&Ravailability}}
==Referrals==
The following outlines additional rules that govern local referred ballot measures in Michigan.


==Authority==
* '''Authority''':
** City and village governing bodies can refer charter amendments to the ballot.<ref name=MCL117/><ref name=MCL78/>
** County boards can refer millages, bond questions, and charter amendments.<ref name=ConstVII/><ref name=ConstIX/>
** Township boards can refer millages, special assessments, and tax questions.<ref name=ConstIX/>
** School boards can refer bond questions and other millages.<ref name=MCL380/><ref name=SBQLP/>


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.
* '''Deadlines''':
** Referrals must be certified to the county clerk by 4:00 PM on the twelfth Tuesday before the election, or, if certified to a clerk other than the county clerk, must be certified to the county clerk at least 82 days before the election.<ref name=MCL168/>


[[File:DocumentIcon.jpg|link=Ballot Measure Law]] <span style="color:#404040">'''''See law:''' [http://www.legislature.mi.gov/(S(3i5fxk450bkn2yi2x4oylxf2))/mileg.aspx?page=getObject&objectName=mcl-Act-279-of-1909 MCL 117.21, 117.4i]''</span>
==Laws governing local ballot measures in the U.S.==
{{LawsLBMsMapNav}}


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.
==See also==
 
* [[Laws governing local ballot measures]]
==Initiative process features==
* [[Laws governing ballot measures in Michigan]]
 
* [[Local ballot measures, Michigan]]
All cities (all of which have a charter) have a state mandated initiative process for charter amendments.
* [[Counties in Michigan]]
{| style="width:60%; background:#FFFDD0; margin-top:.1em; border:.5px solid #cccccc; solid;"
|color:#000"|
|{{Collapsible list
  |framestyle = border:none; padding:0; text-align:left;
  |title=Charter Amendment Initiative Process
  |<hr>
===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.<ref>[http://www.legislature.mi.gov/(S(3i5fxk450bkn2yi2x4oylxf2))/mileg.aspx?page=getObject&objectName=mcl-Act-279-of-1909 MCL Chap. 117, Home Rule City Act]</ref>
 
===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'').<ref>[http://www.legislature.mi.gov/(S(3i5fxk450bkn2yi2x4oylxf2))/mileg.aspx?page=getObject&objectName=mcl-168-482 Michigan Code 168.482]</ref>
 
===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'')
}}
|}<br>
 
==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.
{{Local I&R book nav}}
{{Local I&R map 50 states}}
{{MItop10citiesI&R}}
 
==External links==
 
*[https://docs.google.com/a/ballotpedia.org/document/d/1Uv6RTByNBi7JjApc2BnxQ_ehdscFzBu9Mih9_0riOFo/edit Ballotpedia research document]
*[https://docs.google.com/a/ballotpedia.org/file/d/0BzmL0t0kAMXiWk1Nc2t1QmdWNFE/edit Organization of city and village government in Michigan]
*[http://www.mml.org/home.html Michigan municipal league]


==Footnotes==
==Footnotes==
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{{local ballot measures}}
{{local ballot measures}}


[[Category:Laws governing local ballot measures]]
[[Category:Ballot measure law, Michigan]]
[[Category:Ballot measure law, Michigan]]
[[Category:Laws_governing_local_ballot_measures]]
[[Category:Laws_governing_local_ballot_measures]]

Latest revision as of 00:51, 31 January 2026


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This page describes the state constitutional provisions and statutes that govern local ballot measures in Michigan. Jurisdictions often establish additional rules within the parameters of state law; those can be found in local ordinances and home-rule charters.

Explore the links below for more information:

Law

The Michigan Constitution and Michigan Compiled Laws establish the rules that govern local ballot measures in the state.

General

The following outlines the general rules that govern local ballot measures in Michigan, including both citizen-initiated measures and referred measures from local government bodies.

  • Vote requirements: Most local ballot measures require a simple majority vote for passage.[1]
    • Certain millages require a 2/3 vote.[2]
    • Acquiring or granting a non-revocable public-utility franchise requires a three-fifths (60%) majority of votes for approval.[3]
  • Required ballot measures:
    • New or increased local taxes (under the Headlee Amendment) require voter approval.[3][4]
    • School district bonds and many school capital millages require voter approval.[1][5]
    • Local charter adoptions and charter amendments require voter approval.[6][7]
    • The consolidation or merging of counties, or certain reductions to size of counties, require voter approval.[3]
    • The acquiring or granting of a non-revocable public-utility franchise, or selling a municipal public utility, requires voter approval.
  • Election timing: Most local ballot measures are placed on the regular election date. Local statutes may dictate whether questions appear on general elections, regular municipal elections, or special elections.[8]

Initiatives

The following outlines additional rules that govern local citizen-initiated ballot measures in Michigan.

  • Authority: 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.[6][7]
  • Signatures:
    • Home-rule cities have an initiative signature requirement of 5% of registered and eligible voters.[6]
    • Home-rule villages have an initiative signature requirement of 20% for local charter amendments.[7]
  • Deadlines:
    • All initiative signatures must be submitted within 90 days after the filing of the petition.[6]
    • The city or village clerk has up to 45 days to verify the signatures and certify the initiative.[6]
    • Signatures are valid up to one year.[6]
    • The question is then scheduled for the next regular or general election more than 90 days after certification.[6]
    • 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.[6]

Referrals

The following outlines additional rules that govern local referred ballot measures in Michigan.

  • Authority:
    • City and village governing bodies can refer charter amendments to the ballot.[6][7]
    • County boards can refer millages, bond questions, and charter amendments.[3][9]
    • Township boards can refer millages, special assessments, and tax questions.[9]
    • School boards can refer bond questions and other millages.[1][5]
  • Deadlines:
    • Referrals must be certified to the county clerk by 4:00 PM on the twelfth Tuesday before the election, or, if certified to a clerk other than the county clerk, must be certified to the county clerk at least 82 days before the election.[8]

Laws governing local ballot measures in the U.S.

Laws governing local ballot measures in the United States

As state laws govern ballot measures, the rules are different from state to state. Click on a state below to explore that state's laws on local ballot measures.

http://ballotpedia.org/Laws_governing_local_ballot_measures_in_STATE

See also

Footnotes

  1. ↑ 1.0 1.1 1.2 Michigan Compiled Laws, "MCL Chapter 380 – Revised School Code," accessed November 6, 2025
  2. ↑ Michigan Compiled Laws, "MCL Chapter 211," accessed November 20, 2025
  3. ↑ 3.0 3.1 3.2 3.3 Michigan Constitution, "Article VII," accessed November 6, 2025
  4. ↑ Michigan Constitution, "Article IX," accessed November 6, 2025
  5. ↑ 5.0 5.1 Michigan Department of Treasury, "School Bond Qualification and Loan Program," accessed November 6, 2025
  6. ↑ 6.0 6.1 6.2 6.3 6.4 6.5 6.6 6.7 6.8 Michigan Compiled Laws, "MCL Chapter 117 – Home Rule City Act," accessed November 6, 2025
  7. ↑ 7.0 7.1 7.2 7.3 Michigan Compiled Laws, "MCL Chapter 78 – Home Rule Village Act," accessed November 6, 2025
  8. ↑ 8.0 8.1 Michigan Compiled Laws, "MCL Chapter 168 – Michigan Election Law," accessed November 6, 2025
  9. ↑ 9.0 9.1 Cite error: Invalid <ref> tag; no text was provided for refs named ConstIX
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