Laws governing local ballot measures in Michigan
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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
According to a 2022 study from the U.S. Census Bureau, this state's local governments consist of 83 counties, 1,773 cities, towns, and villages, and 437 special districts.[1]
School districts
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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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.[2]
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.[3]
- For additional detail, see: Laws governing recall in Michigan
Initiative process availability
An initiative process is available in:
- Two 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.[4]
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.
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.
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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 |
Source: Local Ballot Initiatives: How citizens change laws with clipboards, conversations, and campaigns |
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External links
- Ballotpedia research document
- Organization of city and village government in Michigan
- Michigan municipal league
Footnotes
- ↑ U.S. Census Bureau, "2022 Census of Governments – Organization," accessed October 16, 2023
- ↑ Big Government, "The Right of Recall," February 9, 2010
- ↑ Detroit Free Press, "To file a recall, follow the rules," March 26, 2010
- ↑ Ballotpedia, "Types & #s of local government by state," September 2012
- ↑ MCL Chap. 117, Home Rule City Act
- ↑ Michigan Code 168.482
- ↑ 7.0 7.1 7.2 7.3 7.4 7.5 7.6 7.7 7.8 7.9 US Census, "City and Town Population Totals: 2010-2019," accessed February 20, 2022
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