Appeals Court orders collective bargaining proposal onto ballot
BY KAREN BOUFFARD AND CHAD LIVENGOOD
Lansing — The Michigan Court of Appeals has ordered the Board of State Canvassers to place a collective bargaining rights proposal on the Nov. 6 election ballot — but opponents of the measure immediately said they'll take their case to the Michigan Supreme Court.
The Supreme Court ordered the lower court to decide the case by Monday to have enough time to get the issue on the ballot. Andrew Nickelhoff, the attorney for the Protect Our Jobs initiative had asked the Supreme Court to bypass the Court of Appeals, but the High Court denied his motion.
Rich Studley, president and CEO of the Michigan Chamber of Commerce, which is leading the opposition to the union-backed proposal, said the group Citizens Protecting Michigan's Constitution will file an appeal Tuesday with the Supreme Court.
"The result is absolutely correct," Nickelhoff said of the Court of Appeals decision. "I expect (the opposition) to take it up to the Supreme Court."
The ruling came as the Board of State Canvassers continues to meet Monday afternoon on whether to certify ballot proposals to require a two-thirds vote of the Legislature to raise taxes, or mandate voter approval for a new international bridge. The board deadlocked for a second time earlier Monday on a proposal to allow the building of eight casinos. It was unclear whether that issue will again be taken to the Court of Appeals.
The Appeals Court panel Monday cited an earlier Court of Appeals decision in a case involving the Citizens for Protection of Marriage ballot proposal that determined the board's legal duty was to certify if the petition was in proper legal form with sufficient signatures.
Monday's ruling said the Board of State Canvassers exceeded its authority by failing to certify the petition.
The next step for all petitions certified to be on the ballot is approval by the board of a 100-word ballot statement. Opponents have charged the Protect Our Jobs' statement must list all of the laws that would be changed if the proposal passes, and that so many laws would be changed they can't possibly be listed in 100 words.
State Elections Director Chris Thomas said the Bureau of Elections has not yet started work on a statement for the Protect Our Jobs proposal. He said the 100-word statement for all ballot proposals must be approved by Sept. 7, the date of the Board of State Canvassers next scheduled meeting.
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