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Adopt and amend - Michigan

highroller

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Michigan Republicans in 2018 adopted two ballot proposals before the election and decided that they were going to “amend” them after the election. They did this because they were afraid the proposals were going to pass making a much more difficult to amend them in the future. Well adopting proposals before an election has been done on a regular basis amending them in the lame duck session after the election but before the new legislature is seated has never been done before. Today, a judge voided them out in favor of the original proposal that was passed.

As Judge Shapiro noted in his opinion, the constitution ‘grants the Legislature three options to address a law proposed through the initiative process—enact the law, reject the law, or propose an alternative. Article 2, 9 does not permit the Legislature to adopt a proposed law and, in the same legislative session, substantially amend or repeal it.’



I have always been against the “adopt and amend” policy the Republicans instituted in 2018. A plain reading of the Michigan constitution does not confer the ability to the legislature to amend laws they pass as a way to circumvent the petition in ballot proposal process. Good for Michigan!

As for the proposals themselves, I don’t know how I would’ve voted. I’m just glad that this has been struck down
 
Michigan Republicans in 2018 adopted two ballot proposals before the election and decided that they were going to “amend” them after the election. They did this because they were afraid the proposals were going to pass making a much more difficult to amend them in the future. Well adopting proposals before an election has been done on a regular basis amending them in the lame duck session after the election but before the new legislature is seated has never been done before. Today, a judge voided them out in favor of the original proposal that was passed.





I have always been against the “adopt and amend” policy the Republicans instituted in 2018. A plain reading of the Michigan constitution does not confer the ability to the legislature to amend laws they pass as a way to circumvent the petition in ballot proposal process. Good for Michigan!

As for the proposals themselves, I don’t know how I would’ve voted. I’m just glad that this has been struck down
Am I reading this correctly? The R's want to pass a particular law before the election and then amend it after the election? Why not just pass what you mean in the first place so it does not have to be amended after the election. It makes it seem rather questionable at best.
 
Am I reading this correctly? The R's want to pass a particular law before the election and then amend it after the election? Why not just pass what you mean in the first place so it does not have to be amended after the election. It makes it seem rather questionable at best.
Because they change the meaning to what they really wanted after the election when unpopular legislation can't hurt their chances.
 
Michigan Republicans in 2018 adopted two ballot proposals before the election and decided that they were going to “amend” them after the election. They did this because they were afraid the proposals were going to pass making a much more difficult to amend them in the future. Well adopting proposals before an election has been done on a regular basis amending them in the lame duck session after the election but before the new legislature is seated has never been done before. Today, a judge voided them out in favor of the original proposal that was passed.





I have always been against the “adopt and amend” policy the Republicans instituted in 2018. A plain reading of the Michigan constitution does not confer the ability to the legislature to amend laws they pass as a way to circumvent the petition in ballot proposal process. Good for Michigan!

As for the proposals themselves, I don’t know how I would’ve voted. I’m just glad that this has been struck down
The article was poorly written. It does not make it clear that the One Fair Wage was a referendum passed by voters. You are forced to deduce that by the comment the judge made referencing Article II, Section 9 of the Michigan Constitution. Article II, Section 9 of the Michigan Constitution deals with "Initiative and referendum; limitations; appropriations; petitions."

The Michigan Constitution states very clearly that "[l]aws approved by the people under the referendum provision of this section may be amended by the legislature at any subsequent session thereof." {emphasis added}

Which would make any alteration to a referendum by the legislature in the same session that it was passed, unconstitutional.
 
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