On April 2nd, 2020 the Michigan Court of Appeals ruled that state election officials were wrong to reject the Committee to Ban Fracking in Michigan's (CBFM) petition in 2018, despite referring to the wrong election date.
In 2018, the Michigan Director of Elections refused to accept the petition because the front page summary stated that it was to be voted on at the November 8, 2016 general election that had already passed. Last week, however, the appeal court ruled that referring to the wrong date on the proposal was irrelevant.
“In sum, plaintiffs submitted an initiative petition that was facially compliant with all statutory requirements. The Secretary was required to pass it on to the Board for the Board to determine the validity of the petition and canvass the signatures. If the Board rejects the petition, plaintiff may seek review before the Supreme Court. See MCL 168.479.”
The Board of State Canvassers now must judge the petition and the signatures to certify if the CBFM gathered enough valid signatures within the 180-day window required by statute. We will keep you updated as this continues to develop.