Protect MI Constitution v. Secretary of State

This is another unfortunate case throwing into sharp relief two longstanding problems with the Michigan referendum process: first, poor drafting can preclude the people of this state from being able to express their will at the polls; and second, the Secretary of State needs clearer authority explicitly stating its duties, if any, to filter ballot proposals that do not conform to the requirements of our Constitution. I do not take issue with the majority’s conclusion that the ballot initiative at issue in this matter does not, in fact, conform to the requirements of our Constitution for…