State Attorney General Dana Nessel recently filed an application for leave to appeal in the Michigan Supreme Court, seeking to have the Court overturn the Court of Appeals’ decision on “adopt-and-amend.”
In 2018, the Michigan Legislature voted to adopt a citizen-initiated referendum in full and then moved to amend it within the same legislative session (now often referred to as “adopt-and-amend”). The relief Nessel is seeking in the courts would declare this practice as unconstitutional, as well as any attempts to repeal a citizen-initiated referendum within the same session.
The Court of Appeals concluded in January that Public Acts 368 and 369 of 2018, were constitutional even though those bills, which were passed by the Legislature during the “lame duck” session and which were related to initiative petitions to increase the minimum wage and to provide for the accrual of paid sick leave—amended a prior initiative petition that the Legislature had adopted with no changes.
The Court of Appeals overturned an earlier decision by the Court of Claims, which held that adopt-and-amend is unconstitutional.
“The Legislature adopting an initiative and then amending or repealing it within the same legislative session is contrary to the People’s understanding of our Constitution. It undermines the will of the People, and weakens direct democracy,” said Nessel. “I am hopeful that the Michigan Supreme Court will weigh in on this important question.”
This lawsuit challenges the constitutionality of Public Acts 368 and 369 of 2018, related to initiative petitions to increase the minimum wage and to provide for the accrual of paid sick leave. More broadly, the lawsuit raises the question whether, under article 2, § 9 of the Michigan Constitution, a Michigan Legislature can adopt an initiative petition and then amend or repeal it in the same legislative session.
Article 2, § 9 allows Michigan voters to exercise various forms of direct democracy, one of which is to initiate legislation via petitions signed by a requisite number of voters.
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