Updates About Ballot Proposals

On Wednesday, December 14, Governor Whitmer signed Executive Directive 2022-13 which instructs State of Michigan departments and agencies to prepare for the implementation of reproductive freedom in the Michigan Constitution. Departments and agencies are asked to review the aspects of reproductive rights that fall within their jurisdiction and identify ways they can protect and proactively increase protections for the fundamental right of reproductive healthcare.

Michigan voters approved Proposal 2022-3, which was on the November ballot. Proposal 3 will take effect on December 24.

As previously reported in Updates from the Capitol, the Board of State Canvassers failed to approve the Promote the Vote 2022 and Reproductive Freedom for All ballot initiatives during an uncharacteristically contentious meeting on Wednesday, August 31. The move temporarily blocked the measures from being placed on the November general election ballot.

Both proposals met the requisite signature requirements to qualify for the ballot, however, two Republican members of the board cited concerns regarding the formatting and clarity of the proposals’ language. The Board ultimately deadlocked in a 2 to 2 vote, prompting appeals from the ballot proposals supporters to the Michigan Supreme Court to intervene.

On Thursday, September 8, the Michigan Supreme Court ruled in a 5 to 2 opinion that the actions of the Board of State Canvassers were not within its purview, among other things, and it was the duty of the Board to certify the two constitutional ballot initiatives for the November ballot.

In response to the Supreme Court decision, the Board unanimously approved the measures on Friday, September 9 for inclusion on the November general election ballot.

The Board of State Canvassers met on August 31 to consider the staff reports from the Bureau of Elections recommending that both the Promote the Vote and the Reproductive Freedom for All ballot initiatives be certified for the general election ballot.

The Board of State Canvassers deadlocked on voting to certify the Promote the Vote initiative, with the two Republican members, Chairman Tony Daunt (R-DeWitt) and Richard Housekamp (R-Grand Rapids) voting against certification. The two members agreed with those challenging certification that it was unclear what in Michigan’s Constitution would be changed under this proposal.

The board later deadlocked once again in voted on the Reproductive Freedom for All proposal. The challenger to the proposal, Citizens to Support Women and Children, argued the lack of spaces between the words on the petition rendered them non-sensical and that the petition violated statutory requirements. It was also argued that the board has denied certification on previous matters due to this same reason. Democrat members of the board who voted for certification were Mary Ellen Gurewitz (D-Detroit) and Jeannette Bradshaw (D-Ortonville). Gurewitz argued that the 700,000 people who signed the petition “obviously found it easy to read”.

At this point, the proposals will not be on the November ballot unless the Michigan Supreme Court intervenes and orders the board to certify. Proponents for both Promote the Vote and Reproductive Freedom for All have indicated they intend to take legal action to ensure the proposals end up on the November ballot. The Board did vote to approve the 100-word summaries for both petitions that would appear on the ballot in the event the Supreme Court intervenes and the measures move forward.