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Forum: General Talk 07-25-2012, 02:58 PM  
"To me, there's always reason for hope, and never much reason for optimism."
Posted By jeffkrol
Replies: 5
Views: 1,099
Seems the problem w/ the court challenge is it won't be "timely" to get on the Nov. ballot.. I would hope the petition is validated.. it is just a matter of when..
Forum: General Talk 07-25-2012, 01:11 PM  
"To me, there's always reason for hope, and never much reason for optimism."
Posted By jeffkrol
Replies: 5
Views: 1,099
I'd laugh at this if it wasn't so real....
too little too late???





QuoteQuote:

The statutory provision relied upon by the Republican Members of the State Board of Canvassers was MCL 168.482.

But, there is ample precedent in Michigan law that says what they did villated their duties under the law. A recent Michigan Court of Appeals decision — which is binding law in Michigan — stated:

“It is well established by both statute and case law that petitions need only substantially conform to the statutory requirements. MCL 168.544d (petitions shall be on forms that are “substantially as provided in sections 482 …”); see also Charter Twp of Bloomfield v Oakland Co Clerk, 253 Mich App 1, 22-23, 654 NW2d 610 (2002). In Newsome v Bd of State Canvassers, 69 Mich App 725, 729, 245 N.W.2d 374 (1976), this Court held that “[c]onstitutional and statutory initiative and referendum provisions should be liberally construed to effectuate their purposes, to facilitate rather than hamper the exercise by the people of these reserved rights.” Id., citing Kuhn v Dep’t of Treasury, 384 Mich 378, 183 NW2d 796 (1971). In Settles v Detroit City Clerk, 169 Mich App 797, 802-803, 427 NW2d 188 (1988), this Court reaffirmed the general rule that “all doubts as to technical deficiencies or failure to comply with the exact letter of procedural requirements in petitions … are resolved in favor of permitting the people to vote and express a choice on any proposal subject to election.” Thus, even if the additional language in the “ introduction” on the back of the petition could be considered a defect, we do not find it a fatal one.” — Coalition to Defend Affirmative Action & Integration v Bd of State Canvassers, 262 Mich App 395, 405-406; 686 NW2d 287 (2004) (Citation format amended).

The Courts will order the State Bd of Canvassers to approve the petition under this well-established case law.



Why you don't riot, I have no clue.. ;)
Forum: General Talk 07-25-2012, 10:52 AM  
"To me, there's always reason for hope, and never much reason for optimism."
Posted By jeffkrol
Replies: 5
Views: 1,099
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