Reform of Michigan's Ballot Question Process

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Reform of Michigan's Ballot Question Process CitizensCitizens ResearResearchch CCouncilouncil ofof MichiganMichigan RefReformorm ofof Michigan’sMichigan’s BallBalloott QuestionQuestion PrProcessocess JanuarJanuaryy 20142014 RepReporortt 386386 CELEBRATING 98 YEARS OF INDEPENDENT, NONPARTISAN PUBLIC POLICY RESEARCH IN MICHIGAN Board of Directors Chair Vice Chair Treasurer Jeffrey D. Bergeron Terence M. Donnelly Aleksandra A. Miziolek Jeffrey D. Bergeron June Summers Haas Brian Peters Ernst & Young LLP Honigman Miller Schwartz and Cohn LLP Michigan Health & Hospital Association Michael G. Bickers Marybeth S. Howe Kevin Prokop PNC Financial Services Group Wells Fargo Bank Rockbridge Growth Equity, LLC Beth Chappell Nick A. Khouri Jay Rising Detroit Economic Club DTE Energy Company Detroit Medical Center Terence M. Donnelly Daniel T. Lis Kelly Rossman-McKinney Dickinson Wright PLLC Kelly Services, Inc. Truscott Rossman Randall W. Eberts Christine Mason Soneral Jerry E. Rush W. E. Upjohn Institute ITC Holdings Corp Meritor, Inc. Sherrie L. Farrell Kristen McDonald Candee Saferian Dykema Gossett PLLC The Skillman Foundation PVS Chemicals, Inc. Eugene A. Gargaro, Jr. Michael P. McGee Terence A. Thomas, Sr. Manoogian Foundation Miller, Canfield, Paddock and Thomas Group Consulting, Inc. John J. Gasparovic Stone PLC Kent J. Vana BorgWarner Inc. Aleksandra A. Miziolek Varnum Ingrid A. Gregg Dykema Gossett PLLC Theodore J. Vogel Earhart Foundation Paul R. Obermeyer CMS Energy Corporation Comerica Bank Advisory Director Louis Betanzos Board of Trustees Chair Eugene A. Gargaro, Jr. Terence E. Adderley David L. Eisler Gordon Krater Douglas B. Roberts Kelly Services, Inc. Ferris State University Plante & Moran PLLC IPPSR- Michigan State University Jeffrey D. Bergeron David G. Frey David Leitch Milt Rohwer Ernst & Young LLP Frey Foundation Ford Motor Company George E. Ross Stephanie W. Bergeron Mark T. Gaffney Edward C. Levy, Jr. Central Michigan University Walsh College Eugene A. Gargaro, Jr. Edw. C. Levy Co. Gary D. Russi Beth Chappell Manoogian Foundation Daniel Little Nancy M. Schlichting Detroit Economic Club Ralph J. Gerson University of Michigan-Dearborn Henry Ford Health System Richard T. Cole Guardian Industries Corporation Alphonse S. Lucarelli John M. Schreuder Michigan State University Eric R. Gilbertson Ernst & Young LLP, Retired First National Bank of Michigan Mary Sue Coleman Saginaw Valley State University Sarah L. McClelland Lloyd A. Semple University of Michigan Allan D. Gilmour JPMorgan Chase & Co. University of Detroit Mercy Brian M. Connolly Wayne State University Aleksandra A. Miziolek School of Law Oakwood Healthcare, Inc. Alfred R. Glancy III Dykema Amanda Van Dusen Matthew P. Cullen Unico Investment Group LLC Miller, Canfield, Paddock Glenn D. Mroz and Stone PLC Rock Ventures LLC Thomas J. Haas Michigan Technological University Kent J. Vana Tarik Daoud Grand Valley State University Mark A. Murray Varnum Long Family Service Center David S. Haynes Meijer Inc. Stephen R. D’Arcy Northern Michigan University Theodore J. Vogel James M. Nicholson CMS Energy Corporation Detroit Medical Center James S. Hilboldt PVS Chemicals Richard DeVore The Connable Office, Inc. Gail L. Warden Don R. Parfet Henry Ford Health System, PNC Bank Paul C. Hillegonds Apjohn Group LLC Emeritus Terence M. Donnelly DTE Energy Company Philip H. Power Jeffrey K. Willemain Dickinson Wright PLLC Daniel J. Kelly The Center for Michigan Deloitte. John M. Dunn Deloitte. Retired Keith A. Pretty Western Michigan University David B. Kennedy Northwood University David O. Egner Earhart Foundation John Rakolta Jr. Hudson-Webber Foundation Mary Kramer Walbridge New Economy Initiative Crain Communications, Inc. Citizens Research Council of Michigan is a tax deductible 501(c)(3) organization Citizens Research Council of Michigan Reform of Michigan’s Ballot Question Process January 2014 Report 386 CITIZENS RESEARCH COUNCIL OF MICHIGAN MAIN OFFICE 38777 Six Mile Road, Suite 208 • Livonia, MI 48152-3974 • 734 -542-8001 • Fax 734-542-8004 LANSING OFFICE 124 West Allegan, Suite 620 • Lansing, MI 48933-1738 • 517-485-9444 • Fax 517-485-0423 CRCMICH.ORG This page intentionally blank REFORM OF MICHIGAN’S BALLOT QUESTION PROCESS Contents Summary ................................................................................................................................... v Introduction .............................................................................................................................. 1 First Amendment Issues ............................................................................................................... 2 Constitutional Revision, Amendments, Initiatives, Referendums ....................................................... 3 Number of Ballot Issues ........................................................................................................... 4 Ballot Issues by Year .................................................................................................................... 4 Ballot Issues by Type ................................................................................................................... 5 Approval Rate of Ballot Issues by Types.........................................................................................6 Legislatively Initiated Ballot Questions .................................................................................... 7 Legislatively Generated Constitutional Amendments ....................................................................... 7 Ease of Proposing Legislatively Generated Constitutional Amendments ....................................... 7 Legislative Referendum .............................................................................................................. 13 Recap ....................................................................................................................................... 13 Voter-Initiated Ballot Questions and Voter Referendums ...................................................... 14 Initiated Ballot Questions by Year................................................................................................ 14 50 State Comparison.................................................................................................................. 15 Initiated Constitutional Amendments ........................................................................................... 15 Ease of Initiating Constitutional Amendments ......................................................................... 18 Initiated Statutes ....................................................................................................................... 22 Ease of Initiating Statutes .....................................................................................................24 Voter Referendum...................................................................................................................... 28 Ease of Calling for Voter Referendum ..................................................................................... 28 Should Michigan’s Provisions for Direct Democracy be Changed? ................................................... 32 Narrow Differences in Thresholds .......................................................................................... 32 A Changing World ................................................................................................................33 Geographic Diversity ............................................................................................................. 33 Who Benefits from Longer Collection Periods? ........................................................................ 34 Laws Affecting Petition Circulators ........................................................................................ 35 Residency and Registered Voter Requirements ............................................................................. 36 Age Requirements for Petition Circulators .................................................................................... 36 Disclosing Paid or Volunteer Status.............................................................................................. 37 Petition Circulator Compensation Laws ........................................................................................ 38 Witness and Affidavit Requirements ............................................................................................ 41 Other Petition Circulation Laws ................................................................................................... 42 Reform Possibilities .................................................................................................................... 43 Informed Petition Signers.......................................................................................................44 Misinforming Petition Signers ...................................................................................................... 44 Responsibilities of Self-Government .............................................................................................45 Citizens Research Council of Michigan i CRC Report Making Citizens Informed Petition Signers.................................................................................... 45 Ballot Measure Summary Statements and Fiscal Statements .................................................... 46 50-State Review of Official Voter Guides................................................................................
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