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Ballot Proposal Debates Concluded - 3 Approved, 1 Removed
The Michigan Supreme Court ended the seemingly endless legal
and administrative battle over four major ballot proposals Wednesday, approving
three for position on the November ballot and denying one.
The three ballot proposals approved for the November ballot
are 1) The proposal to place the right to collective bargaining in the
Constitution; 2) The proposal to require a two-thirds majority vote in both
legislative chambers or statewide vote to raise any taxes; and 3) The proposal
to require a statewide vote to authorize the building of any new international
border crossings.
The ballot proposal to authorize eight new casinos failed to
gain approval with the Court voting 4-3 to order the Board of State Canvassers
not to place the item on the ballot.
Opponents of all four proposals had argued that each was in
violation of Article XII, Section 2 of the Constitution that requires any
proposal for amendment to include all sections of the Constitution that would
be altered or abrogated. The Court determined that by merely affecting a
section, a proposal does not alter or abrogate the section.
In all, voters will face six ballot questions in November.
In addition to the three described above, two additional proposed
constitutional amendments and one referendum had already been approved for the
ballot. The referendum is on the state’s new emergency manager law, Public Act
4 of 2011. The two previously approved amendment proposals are the “25 in 25”
proposal to require utilities to generate 25 percent of power from renewable
sources by 2025 and the proposal to ensure the state’s home help workers can
organize.
MPSERS Reform Hits Hurdle in Court
Lawsuits were filed by the Michigan Education Association
(MEA) and the American Federation of Teachers - Michigan (AFT) in anticipation
of the Governor Rick Snyder’s signing of Senate
Bill 1040 (now Public Act 300 of 2012), and earlier this week Ingham County
Circuit Court Judge Rosemarie Aquilina issued a restraining order in response.
The new law requires participants to choose whether or not
to remain in traditional pension and retiree healthcare coverage and make a 3 percent
contribution, or avoid the 3 percent by giving up the health insurance and
enrolling in a 401(k)-type plan. According to the Snyder Administration, the
law serves to eliminate $15 billion of the $45 billion in unfunded liability in
the Michigan Public Schools Employee Retirement System (MPSERS).
The problem is, according to the MEA and AFT, the law
requires this decision to be made by participants by October 26th –
far too soon. The restraining order issued by Judge Aquilina prohibits the
state from forcing the public school employees to make the decision.
Heads-Up For Corporate Fee Scam
The Michigan Department of Licensing and Regulatory Affairs
(LARA) issued a statement this week warning consumers about a potential scam.
A non-governmental entity calling themselves “Michigan
Corporate Compliance Company” is soliciting a $125 fee from corporations and
limited liability companies for filing corporate meeting minutes and completing
an Annual Meeting Disclosure Statement. LARA indicated that similar scams had existed
in numerous other states.
Legitimate mailings from LARA’s Corporations Division are
mailed to the resident agent at the registered office address on record. Annual
meeting minutes are not required to be filed with the State of
Any consumer that receives a questionable solicitation or
notice should keep the entire mailing and report it to either the Michigan
Attorney General’s office or the U.S. Postal Inspection Services.
:A' m ' D �0L �cJ esday’s signing ceremony, the Governor stated that the Administration would
appeal to the Court of Appeals and felt comfortable in their litigation
position on the matter.
Last Week's Survey Results
The question in last week’s PAAdvisory was: Do
you believe the process for having an issue placed on the ballot for potential
Constitutional amendments is too easy?
77% of respondents replied “yes,” that the process is too
easy. 23% responded “no.”
PAAdvisory Briefs
Bentivolio Prevails in
11th Special Election
Republican Kerry Bentivolio was successful in winning the
special election to serve out the remainder of former U.S. Representative Thaddeus
McCotter’s term in Congress following his resignation. Bentivolio won the
August Republican Primary and this week’s special election over former State
Senator Nancy Cassis.
Vandals
Strike Capitol, Memorial
Sometime between 3:00 and 4:00AM early Thursday morning, an
unknown number of vandals spray painted two columns on the
The Department of Community Health reported that 136
individual instances of human infection with West Nile Virus have happened in
Faris Holds on Through
Recount
Pam Faris, the wife of former Lt. Governor John Cherry, won
the Democratic Primary in the 48th House district by 24 votes in
August – and, after a recount, ended up winning by 3 more votes than originally
counted. Faris defeated Patrick “Shorty” Gleason in the very close Primary.
Four more recounts are expected in Primary races in the 5th, 83rd,
88th, and 108th House Districts.
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