Justices to hear emergency manager law petition case

A petition to overturn Michigan's emergency manager law - and whether that petition will appear as a referendum on the November 2012 ballot - is at issue in a case that the Michigan Supreme Court will hear argued today. In Stand Up for Democracy v Secretary of State, the Michigan Court of Appeals ordered the Board of State Canvassers, which had deadlocked 2-2 on whether to certify the petition, to place the measure on the November 2012 ballot. If successful, the referendum would overturn 2011 PA 4, the Local Government and School District Fiscal Accountability Act (MCL 14.1501 et seq.), the state's emergency manager law. Citizens for Fiscal Responsibility, a group that opposes the referendum, argues that the petition signature forms did not comply with a statutory requirement for the petition headings to be in 14-point type. Stand Up for Democracy, the group that seeks to have the measure placed on the ballot, contends that the petition does comply with the statute. Even if the heading type is smaller than 14 point, the group argues, the petition is in "substantial compliance" with statutory requirements. The Michigan Court of Appeals, while finding that the petition "contains a fatal formatting defect," nevertheless ordered the Board of State Canvassers to place the measure on the ballot, finding that the petition did substantially comply with the heading type size requirement. The appeals court added that it would reach a different conclusion if the panel were not bound by an earlier Court of Appeals decision, Bloomfield Charter Township v Oakland County Clerk, 253 Mich App 1 (2002), which states that "substantial compliance" with statutory referenda requirements is sufficient. The Supreme Court will hear the oral argument in its courtroom on the sixth floor of the Michigan Hall of Justice today starting at 10 a.m. The court's oral arguments are open to the public. The arguments will also be broadcast live on Michigan Government Television (mgtv.org). The summary that follows is a brief account of the case and may not reflect the way some or all of the court's seven justices view the case. The attorneys may also disagree about the facts, the issues, the procedural history, or the significance of the case. Briefs are available at http://courts.michigan.gov/supremecourt/Clerk/07-12/145378/145387-Index.html. Stand Up for Democracy v Secretary of State, et al. (case no. 145387) Attorney for plaintiff Stand Up for Democracy: Herbert A. Sanders Attorney for defendants Secretary of State and Board of State Canvassers: Heather S. Meingast Attorney for intervening defendant Citizens for Fiscal Responsibility: John D. Pirich Attorney for amicus curiae Governor Richard Snyder and Attorney General Bill Schuette: John J. Bursch Attorney for amicus curiae American Civil Liberties Union Fund of Michigan: Mark P. Fancher Lower tribunal: Michigan Court of Appeals At issue: The plaintiff seeks to have a referendum placed on the ballot to overturn the state's emergency financial manager law, 2011 PA 4. Did the plaintiff's petitions comply with a statutory requirement for the petition heading to be in 14-point type? If the heading petition is smaller than 14-point type, does the petition nevertheless "substantially comply" with the statute, and if so, must the measure then be certified for the ballot? Was Bloomfield Charter Township v Oakland County Clerk, 253 Mich App 1 (2002) - the Court of Appeals decision which states that "substantial compliance" with statutory referenda requirements is sufficient - wrongly decided? Published: Wed, Jul 25, 2012

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