TAKING THE INITIATIVE, "THE LAW IS AN ASS"

The practice of election law in Michigan, and any other state that has a ballot initiative process, is very much a specialty art. Because the stakes can be so high - thousands of dollars in the Detroit example, and millions in the case of CNDP - it requires extensive knowledge of the minutiae of arcane, esoteric, seemingly contradictory, statutes and regulation, along with a fierce attention to detail.

On a macrocosmic level, specifically in the area of municipal as opposed to statewide initiatives, "home rule" cities are allowed a limited degree of autonomy to regulate their own affairs, independent of state law. For instance, cities like Detroit, Denver and Seattle can set their own rules, making different activities a crime or enacting penalties for such. Lesser crimes such as public urination, out of control pets, traffic violations, noise ordinances and possession of drug paraphernalia are typical examples.

That being said, there are limits to this autonomy. For instance, neither the elected officials nor the voters of the city of Detroit could institute the death penalty. Such an act would be a violation of state law, per the home rule statutes and state constitution.

What the reformer must realize is that, in order to minimize the chances of a legal challenge, your petition form should comply with both local and state regulation. And it is virtually certain state law will ultimately control in the event of a court test.

Beyond that, in an era of ever shrinking official tolerance for voter and individual rights, failure in even the most minuscule legal technicality will likely prove fatal to an effort.

Continue to DETROIT #2 or back to the Index