On September 27, a Michigan state trial court struck down two parts of a 2018 law that makes it more difficult to qualify statewide initiatives. The state constitution and the First Amendment were the basis. Initiative proponents cannot be required to use separate petitions for paid circulators and unpaid circulators. Also, the requirement that no more than 15% of the signatures can come from a single U.S. House district is void. See this story. Thanks to Thomas Jones for the link.
Mich is in the FRONT Line in the W-A-R for Real Democracy.
RED commies and Blue/Black fascists super do NOT like each other’s statist control freak schemes.
2016 Mich – THE closest Prez State.
Likely appeals to Mich Ct App and Mich Sup Ct – by the Elephants.
End of good petitioning weather until next Apr-May 2020.
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PR and AppV and TOTSOP
https://webinquiry.courts.michigan.gov/WISearchResults/ViewPage1?commoncaseid=813716
NO link to opinion
may show up via lwv mich or aclu mich ???
Orders text just added to website —
9/24/19
The Court having conducted a hearing on motions for summary disposition in Case Nos.
19-000084-MM and 19-000092-MZ, the parties stipulate that pending an order from an appellate court, the Secretary of State shall continue to administer the 2018 Public Act 608 amendments to the Michigan Election law in conformity with Attorney General Opinion No. 7310 dated May 22, 2019.
IT IS SO ORDERED.
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9/27/19
IT IS HEREBY ORDERED that plaintiffs in Docket No. 19-084 are entitled to summary disposition with respect to their requests for declaratory relief that:
(1) the 15% geographic requirement in MCL168.471is unconstitutional² as are the sections of PA 608 related to the 15% requirement and/or Congressional districts, see MCL 168.477(1), and MCL 168.482(4); and (2) the check-box requirement in MCL 168.472(7) is unconstitutional.
IT IS HEREBY FURTHER ORDERED that declaratory relief will not issue in plaintiffs favor with respect to whether the affidavit requirement in MCL 168.482a(1) is unconstitutional on its face.
IT IS HEREBY FURTHER ORDERED that summary disposition is GRANTED in favor of defendant Secretary of State, as the nonmoving party, with respect whether the signature-invalidation requirements contained in MCL 168.482a are unconstitutional² either under a free speech theory or under a due process theory.
IT IS HEREBY FURTHER ORDERED that the complaint in Docket No. 19-092 is DISMISSED because plaintiffs Michigan House and Senate lack standing.
This order resolves the last pending claim and closes the case.
Will one or both sides appeal to Mich Ct App and/or Mich Sct ???
Stay tuned.
NOTE – ZERO citations to any earlier USA or Mich court ops = LAZY Judge or what ???
The case is BASIC CON LAW – ability of voters to do Const Law Amdt petitions —
affects 18 States.