B U R EA U O F EL E C TI O N S R I C HA R D H. AU S TI N B UI L DI N G h 1 S T F LO O R h 43 0 W . A L LEG A N h LA NSI NG, M I CHIG A N 48 91 8
www. M ic h i ga n .g o v / s os h ( 51 7 ) 3 73 -2 54 0
December 5, 2008
INITIATIVES AND REFERENDUMS UNDER THE CONSTITUTION OF THE STATE OF MICHIGAN OF 1963
Constitutional Amendments (Pages 2-11)
• Since the adoption of the State Constitution of 1963, 68 proposed amendments to the Constitution have been presented on the ballot for a vote of the people. Thirty-one of the amendments were approved and 37 were rejected.
• Of the 68 proposed amendments, 42 were placed on the ballot by the State Legislature (21 were approved and 21 were rejected) and 26 were placed on the ballot by initiative petition (10 were approved and 16 were rejected).
• In addition, the “automatic” proposal relating to the calling of a constitutional convention was presented in 1978 and 1994; in both instances the proposals were rejected.
Legislative Referendums (Pages 12-13)
• Since 1963, 20 legislative referendums have been presented on the ballot for a vote of the people. Ten of the referendums were approved and 10 were rejected.
• Of the 20 referendums, 13 were placed on the ballot by the State Legislature (9 were approved and 4 were rejected) and 7 were placed on the ballot by petition (1 was approved and 6 were rejected).
Legislative Initiatives (Pages 14-15)
• Since 1963, 13 legislative initiatives have been presented on the ballot for a vote of the people. Seven of the initiatives were approved and 6 were rejected.
• Of the 13 legislative initiatives, all were placed on the ballot by petition as required by law.
• In addition to the above, the State Legislature has enacted 4 legislative proposals presented by petition during the 40-day period provided for such action. In such instances, the proposals do not appear on the ballot.
Constitutional Amendments
Total Vote Subject of Amendment Article Section Method of Proposal Year of
Election Prop. Action For Against
Lower minimum voting age from 21 to 18 years
2 1 Senate Joint Resolution
“A” P.A. 1966, p. 678
Nov. 1966 1 Rejected 703,076 1,267,872
Establish judicial tenure commission 6 30
House Joint Resolution“PP”
P.A. 1968, p. 706 Aug. 1968 1 Adopted 553,182 228,738
Require legislature to create state officers compensation commission
4 12 House Joint Resolution
“AAA” P.A. 1968, p. 706
Aug. 1968 2 Adopted 417,393 346,839
Define manner of filling judicial vacancies
6 20, 22, 23, 24
House Joint Resolution“F”
P.A. 1968, p. 707 Aug. 1968 3 Adopted 494,512 266,561
Permit election of members of legislature to another state office during their term of office
4 9 Senate Joint Resolution
“Q” P.A. 1968, p. 708
Nov. 1968 5 Rejected 778,388 1,783,186
Permit state to impose a graduated income tax 9 7
Senate Joint Resolution“G”
P.A. 1967, p. 672 Nov. 1968 1 Rejected 614,826 2,025,052
Prohibit public aid to nonpublic schools and students
8 2 Initiatory Petition P.A. 1970, p. 692 Nov. 1970 C Adopted 1,416,838 1,078,740
Lower minimum voting age from 21 to 18 years
2 1 House Joint Resolution
“A” P.A. 1970, p. 690
Nov. 1970 B Rejected 924,981 1,446,884
Allow legislature to authorize lotteries and the sale of lottery tickets
4 41 House Joint Resolution
“V” P.A. 1972, p. 1145
May 1972 A Adopted 1,352,768 506,778
Permit members of legislature to resign and accept another office to which they have been elected or appointed
4 9 Senate Joint Resolution
“DD” P.A. 1972, p. 1145
May 1972 B Rejected 866,593 915,312
2
Total Vote Subject of Amendment Article Section Method of Proposal Year of
Election Prop. Action For Against
Allow trial by jury of less than 12 jurors in all prosecutions for misdemeanors punishable by imprisonment for not less than 1 year
1 20 House Joint Resolution
“M” P.A. 1972, p. 1146
Aug. 1972 A Adopted 696,570 357,186
Limit property tax for school, county, and township purposes and require legislature to establish a state tax program for support of schools
9 6 Initiatory Petition Nov. 1972 C Rejected 1,324,702 1,815,126
Permit state to impose graduated income tax and allow legislature to authorize political subdivisions to levy graduated income tax
9 7 Initiatory Petition Nov. 1972 D Rejected 959,286 2,102,744
Limit use of motor fuel tax fund 9 9
Senate Joint Resolution“LL”
P.A. 1972, p. 1147 Nov. 1974 A Rejected 1,091,938 1,146,109
Eliminate sales tax and use tax on food and prescription drugs
9 8 Initiatory Petition P.A. 1974, p. 1357 Nov. 1974 C Adopted 1,337,609 1,071,253
Lower minimum age of eligibility for office of state representative or state senator from 21 to 18 years
4 7 House Joint Resolution
“B” P.A. 1976, p. 1755
Nov. 1976 B Rejected 698,993 2,580,945
Limit taxation imposed by legislature to 8.3% of state personal income
9 25, 26, 27, 28,
29, 30, 31 Initiatory Petition Nov. 1976 C Rejected 1,407,438 1,866,620
Permit state to impose a graduated income tax 9 7 Initiatory Petition Nov. 1976 D Rejected 897,780 2,332,513
Call for constitutional convention Required by Const.
1963, art. 12, § 3. Nov. 1978 A Rejected 640,286 2,112,549
Authorize deposit of state funds in savings and loan associations and credit unions, as well as banks
9 19, 20 House Joint Resolution
“GG”. P.A. 1978, p. 2619
Nov. 1978 C Adopted 1,819,847 933,101
3
Total Vote Subject of Amendment Article Section Method of Proposal Year of
Election Prop. Action For Against
Prohibit alcoholic beverages from being sold to, or possessed by, a person under the age of 21
4 40 Initiatory Petition P.A. 1978, p. 2627 Nov. 1978 D Adopted 1,609,589 1,208,497
Establish limits on taxes imposed by legislature and units of local government (Headlee Amendment)
9
6, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34
Initiatory Petition P.A. 1978, p. 2627 Nov. 1978 E Adopted 1,450,150 1,313,984
Grant Michigan state troopers and sergeants right to collective bargaining and binding arbitration
11 5 Initiatory Petition P.A. 1978, p. 2630 Nov. 1978 G Adopted 1,535,023 1,203,930
Prohibit use of property taxes for school operating expenses and establish a voucher system for financing education of students at public and nonpublic schools
9 8
6 2 Initiatory Petition Nov. 1978 H Rejected 718,440 2,075,583
Reduce property tax assessments to establish a maximum of 5.6% on the rate of the state income tax; prohibit legislature from requiring new or expanded local programs without state funding; and allow school income tax with voter approval (Tisch Amendment I)
9
3, 3(a), 7(a), 7(b),
25(a), 25(b), 26
Initiatory Petition Nov. 1978 J Rejected 1,032,343 1,737,133
Allow courts to deny bail under certain circ*mstances involving violent crimes; provide for commencement of trial within 90 days
1 15 House Joint Resolution
“Q” P.A. 1978, p. 2620
Nov. 1978 K Adopted 2,307,038 458,357
4
Total Vote Subject of Amendment Article Section Method of Proposal Year of
Election Prop. Action For Against
Allocate at least 90% of gas tax revenues for general road purposes and the remainder for other transportation purposes; and replace state highway commission with transportation commission
5 9
28 9
House Joint Resolution“F”
P.A. 1978, p. 2620 Nov. 1978 M Adopted 1,478,316 1,233,196
Require legislature to create a railroad redevelopment authority to make loans to railroads with trackage in Michigan and to authorize authority to issue general obligation bonds in amount not to exceed 175 million dollars
4 54 House Joint Resolution
“OO” P.A. 1978, p. 2622
Nov. 1978 R Rejected 1,257,606 1,415,441
Make local school boards responsible for school personnel and programs, reduce local property tax maximums for operational purposes, provide additional property tax relief for senior retirees, and require the state to raise revenues necessary for equal per pupil funding of public schools
8 9
2 6, 31, 6a,
26a Initiatory Petition Nov. 1980 A Rejected 746,027 2,769,497
Lower minimum legal age for possession or consumption of alcoholic beverages from 21 to 19 years
4 40 House Joint Resolution
“S” P.A. 1980, p. 2321
Nov. 1980 B Rejected 1,403,935 2,250,873
5
Total Vote Subject of Amendment Article Section Method of Proposal Year of
Election Prop. Action For Against
Provide property tax relief; reimburse local and state governments with additional sales tax; require net state lottery revenues be deposited in school aid fund; and mandate creation of state “rainy day” fund
4 9
41, 54 2, 3, 8, 30, 31
Senate Joint Resolution“X”
P.A. 1980, p. 2317 Nov. 1980 C Rejected 894,441 2,583,253
Decrease property taxes and prohibit new types of homestead taxes; require 60% voter approval to raise state taxes or fees; require partial state reimbursem*nt to local units for lost income; limit legislature’s ability to change tax exemptions or credits or change per pupil formula (Tisch Amendment II)
9
1, 2, 3, 31,
2a, 3a, 3b,
3c, 3d, 3e,
3f, 33a, 33b
Initiatory Petition Nov. 1980 D Rejected 1,622,301 2,051,008
Allow the legislature to pass laws relating to members’ immunity from civil arrest and process during legislative sessions
4 11 Senate Joint Resolution
“L” P.A. 1980, p. 2321
Nov. 1980 G Rejected 1,287,172 2,134,546
Restrict authority of lieutenant governor and establish a procedure to fill a vacancy in the office of the lieutenant governor
4 5
9 25, 26
Senate Joint Resolution“K”
P.A. 1980, p. 2322 Nov. 1980 H Rejected 1,410,912 1,927,001
Reduce property taxes and city income taxes; limit growth of property tax revenues; return additional sales tax to local governments and schools; and require net lottery revenues be deposited in school aid fund
4 9
41 3, 8
30, 31
House Joint Resolution“G”
P.A. 1981, p. 1067 May 1981 A Rejected 560,924 1,451,305
6
Total Vote Subject of Amendment Article Section Method of Proposal Year of
Election Prop. Action For Against
Allow the legislature to pass laws to reform members’ immunity from civil arrest and process during legislative sessions
4 11 Senate Joint Resolution
“A” P.A. 1981, p. 1070
Nov. 1982 A Adopted 1,804,728 1,029,743
Create a Michigan department of state police; provide for its personnel; prescribe its duties; and require minimum staffing
5 2, 30 Initiatory Petition Nov. 1982 B Rejected 720,915 2,111,802
Provide for an elected public service commission
5 30 Initiatory Petition Nov. 1982 G Rejected 1,026,160 1,771,098
Allow legislature to approve or disapprove administrative rules proposed by state agencies
4 37 House Joint Resolution
“P” P.A. 1984, p. 1618
Nov. 1984 A Rejected 1,280,948 1,827,677
Establish a natural resources trust fund and a board to administer it; to provide revenues for the fund from natural resources leases and existing funds; specify and limit expenditures therefrom
9 35 House Joint Resolution
“M” P.A. 1984, p. 1617
Nov. 1984 B Adopted 2,066,554 1,120,794
Amend constitution relating to taxes, other revenues and voter or legislative approval for same
9 1, 2 Initiatory Petition Nov. 1984 C Rejected 1,376,141 2,035,867
Allow establishment of the library of Michigan within the legislative branch
4 54 House Joint Resolution
“V” P.A. 1986, p. 1543
Nov. 1986 A Rejected 908,627 936,643
Allow for approval or rejection of administrative rules by the legislature
4 37 House Joint Resolution
“W” P.A. 1986, p. 1544
Nov. 1986 B Rejected 648,116 1,136,721
7
Total Vote Subject of Amendment Article Section Method of Proposal Year of
Election Prop. Action For Against
Expand authority of state officers compensation commission to determine compensation of attorney general and secretary of state
4 12 House Joint Resolution
“U” P.A. 1986, p. 1543
Nov. 1986 C Rejected 905,767 910,297
Provide for rights of crime victims 1 24
House Joint Resolution“P”
P.A. 1988, p. 2163 Nov. 1988 B Adopted 2,662,796 650,515
Increase the sales/use tax from 4¢ to 4½¢ and dedicate funds for local schools
4 9
41 8, 10, 11
House Joint Resolution“I”
P.A. 1989, p. 1793 Nov. 1989 A Rejected 514,407 1,341,292
Increase the sales/use tax from 4¢ to 6¢, reduce school property taxes, set permanent school operating millages subject to voter renewal, and dedicate funds for local schools
4 9
41 3, 5, 6 8, 10
11, 14
House Joint Resolution “I”
P.A. 1989, p. 1793 Nov. 1989 B Rejected 436,958 1,392,053
Limit annual increases in homestead property tax assessments and provide separate tax limitations for different property classifications
9 3, 31 House Joint Resolution
“H” P.A. 1991, p. 1321
Nov. 1992 A Rejected 1,433,354 2,384,777
Restrict/limit the number of times a person can be elected to congressional, state executive and state legislative offices
2 4 5
12
10 54 30 4
Initiatory Petition P.A. 1992, p. 1651 Nov. 1992 B Adopted 2,295,904 1,613,404
Exempt property from a portion of school operating property taxes and limit annual increases in all property tax assessments
9 3 Initiatory Petition Nov. 1992 C Rejected 1,552,119 2,276,360
Limit property tax assessments and increase sales tax
4 9
41 3, 6, 8, 10, 11
House Joint Resolution“G” June 1993 A Rejected 1,008,425 1,164,468
8
Total Vote Subject of Amendment Article Section Method of Proposal Year of
Election Prop. Action For Against
To increase sales and use tax rates from 4% to 6%; limit annual increases in property tax assessments, exempt school operating milages from uniform taxation requirement, and require ¾ vote of legislature to exceed statutorily established school operating millage rates
9 3, 5, 8, 11, 36
Senate Joint Resolution “S”
P.A. 1993, p. 2484
March 1994 A Adopted 1,684,541 750,952
Call for constitutional convention Required by Const 1963,
art 12, sec 3 Nov. 1994 A Rejected 777,779 2,008,070
To limit criminal appeals 1 20
Senate Joint Resolution“D”
P.A. 1994, p. 2659 Nov. 1994 B Adopted 2,118,734 761,784
To establish a Michigan state parks endowment fund, increase maximum allowable funds in Michigan natural resources trust fund, and eliminate diversion of dedicated revenue from Michigan natural resources trust fund
9 35, 36 Senate Joint Resolution
“E” P.A. 1994, p. 2661
Nov. 1994 P Adopted 2,007,097 806,888
To establish qualifications for judicial offices
6 19 Senate Joint Resolution
“D” P.A. 1995, p. 2445
Nov. 1996 B Adopted 2,806,833 629,402
To establish the current Michigan Veterans’ Trust Fund in the state constitution and require that expenditures from the fund be made solely for purposes authorized by the trust fund’s board of trustees
9 37, 38, 39 House Joint Resolution
“H” P.A. 1995, p. 2445
Nov. 1996 C Adopted 2,447,905 849,525
To change the word “handicapped” to “disabled” in the state constitution
8 8 Senate Joint Resolution
“I” P.A. 1998, p. 2549
Nov. 1998 A Adopted 1,708,873 1,181,138
9
Total Vote Subject of Amendment Article Section Method of Proposal Year of
Election Prop. Action For Against
To permit the state to indirectly support nonpublic school students
8 2, 10 Initiatory Petition P.A. 2000, p. 2420 Nov. 2000 00-1 Rejected 1,235,533 2,767,320
Require a 2/3 legislative vote to enact laws affecting local governments
4
55
Initiatory Petition P.A. 2000, p. 2421 Nov. 2000 00-2 Rejected 1,242,516 2,548,995
Amend the provision of the state constitution governing the operation of the state officers compensation commission (SOCC)
4 12 House Joint Resolution“E” Aug. 2002 02-1 Adopted 1,057,503 404,682
Allow certain permanent and endowment funds to be invested as provided by law and increase allowed spending for state parks, local parks and outdoor recreation
9 19, 35, 36(1), 37
Senate Joint Resolution“T” Aug. 2002 02-2 Adopted 925,475 565,971
To grant state classified employees the constitutional right to collective bargaining with binding arbitration
11 5 Initiatory Petition Nov. 2002 02-3 Rejected 1,336,249 1,591,756
To reallocate the “tobacco settlement revenue” received by the state from cigarette manufacturers
9 36 Initiatory Petition Nov. 2002 02-4 Rejected 1,018,644 2,011,105
Require voter approval of any form of gambling authorized by law and certain new state lottery games
4 41 Initiatory Petition Nov. 2004 04-1 Adopted 2,689,448 1,926,721
Specify what can be recognized as a “marriage or similar union” for any purpose
1 25 Initiatory Petition Nov. 2004 04-2 Adopted 2,698,077 1,904,319
Dedicate use of conservation/ recreation funds
9 40, 41, 42 House Joint Resolution “Z” Nov. 2006 06-1 Adopted 2,915,106 680,859
10
Total Vote Subject of Amendment Article Section Method of Proposal Year of
Election Prop. Action For Against
Ban affirmative action programs 1 26 Initiatory Petition Nov. 2006 06-2 Adopted 2,141,010 1,555,691
Restrict use of eminent domain 10 2 Senate Joint Resolution
“E” Nov. 2006 06-4 Adopted 2,914,214 724,573
To address human embryo and embryonic stem cell research in Michigan
1 27 Initiatory Petition Nov. 2008 08-02 Adopted 2,521,026 2,271,083
11
Legislative Referendums
Total Vote Subject of Referendum Method Date of
Election Prop. Action For Against
Act 240 of 1964, to amend sections 685, 696, 706,737, 775, 782, 786, 803, and 804 of Act 116 of 1954,to institute use of Massachusetts ballot in Michigan to prevent straight party ticket voting
Referendum Petition Nov. 1964 C Rejected 795,546 1,515,875
Act 6 of 1967, to permit establishment of daylight saving time in Michigan
Referendum Petition Nov. 1968 2 Rejected 1,402,562 1,403,052
Act 76 of 1968, to authorize issuance of bonds for planning, acquisition, and construction of facilities for prevention and abatement of water pollution and for loans and grants to municipalities
Legislative Action Nov. 1968 3 Adopted 1,906,385 796,079
Act 257 of 1968, to authorize issuance of bonds to provide funding for public recreational facilities and programs and for loans and grants to municipalities
Legislative Action Nov. 1968 4 Adopted 1,384,254 1,235,681
Act 304 of 1969, to authorize issuance of bonds for urban redevelopment to increase the supply of low-income housing and for loans and grants to municipalities and redevelopment corporations
Legislative Action Nov. 1970 A Rejected 921,482 1,388,737
Act 231 of 1972, to authorize issuance of bonds to provide funding for bonus payments and educational benefits to Vietnam and other veterans
Legislative Action Nov. 1972 E Rejected 1,490,968 1,603,203
Act 106 of 1974, to authorize issuance of bonds to provide funding for bonus payments to Vietnam and other veterans
Legislative Action Nov. 1974 B Adopted 1,668,641 700,041
Act 245 of 1974, to authorize issuance of bonds to provide funding to plan, acquire, construct, and equip transportation systems and to make loans and grants for that purpose
Legislative Action Nov. 1974 D Rejected 963,576 1,319,586
Act 250 of 1980, to amend sections 51 and 475 of Act 281 of 1976, to increase the state income tax 0.1% for 5 years to fund the construction of regional correctional facilities, the demolition of the Michigan Reformatory, and other state and local correctional projects
Legislative Action Nov. 1980 E Rejected 1,288,999 2,202,042
Act 212 of 1982, to amend sections 6a and 6b of Act 3 of 1939, to prohibit certain utility rate adjustment clauses, utility rate increases without notice and hearing, and acceptance of employment with any utility for 2 years by member of 81st Legislature
Legislative Action Nov. 1982 H Adopted 1,670,381 1,131,990
12
Total Vote Subject of Referendum Method Date of
Election Prop. Action For Against
Act 59 of 1987, to prohibit the appropriation of public fund to pay for welfare abortions unless the abortion is necessary to save the life of the mother
Referendum Petition Nov. 1988 A Adopted 1,959,727 1,486,371
Act 326 of 1988, to authorize issuance of bonds to finance environmental protection programs that would clean up environmental contamination sites and address related problems
Legislative Action Nov. 1988 C Adopted 2,528,109 774,451
Act 327 of 1988, to authorize issuance of bonds to finance state and local public recreation projects
Legislative Action Nov. 1988 D Adopted 2,055,290 1,206,465
Act 143 of 1993, to reduce auto insurance rates; place limits on personal injury benefits, fees paid to health care providers, and right to sue; and allow rate reduction for accident-free driving
Referendum Petition Nov. 1994 C Rejected 1,165,732 1,812,526
Act 118 of 1994, to amend certain sections of Michigan Bingo Act
Referendum Petition Nov. 1996 A Rejected 1,511,063 1,936,198
Act 377 of 1996, an amendment regarding the management of Michigan’s wildlife populations
Legislative Action Nov. 1996 G Adopted 2,413,730 1,099,262
Act 284 of 1998, to authorize bonds for environmental and natural resources protection programs
Legislative Action Nov. 1998 C Adopted 1,821,006 1,081,988
Act 269 of 2001, to eliminate “straight ticket” voting and amend other sections of the election law
Referendum Petition Nov. 2002 02-1 Rejected 1,199,236 1,775,043
Act 396 of 2002, to authorize bonds for sewage treatment works projects, storm water projects and water pollution projects
Legislative Action Nov. 2002 02-2 Adopted 1,774,053 1,172,612
Act 160 of 2004, to allow the establishment of a hunting season for mourning doves
Referendum Petition Nov. 2006 06-3 Rejected 1,137,379 2,534,680
13
Legislative Initiatives
Total Vote Subject of Petition Date of
Election Prop. Action For Against
New legislation to allow licensed physicians to perform abortions upon demand if period of gestation has not exceeded 20 weeks. Nov. 1972 B Rejected 1,270,416 1,958,265
Repeal Act 6 of 1967, to permit the establishment of daylight saving time in Michigan. Nov. 1972 A Adopted 1,754,887 1,460,724
New legislation to prohibit use of nonreturnable beverage containers; to require refundable cash deposits for returnable containers; and to provide penalties for violation of the law.
Nov. 1976 A Adopted 2,160,398 1,227,254
Amendment to revise standards for grant of parole and to prohibit grant of parole for certain defined crimes until court-imposed minimum sentence is served.
Nov. 1978 B Adopted 2,075,599 711,262
Amendment to prohibit lender from using a “due on sale” clause in foreclosure proceedings on a mortgage or land contract unless security is impaired.
Nov. 1982 C Rejected 1,344,463 1,445,897
Amendment to prohibit utility increases without full notice or opportunity for hearing; to abolish all rate adjustment clauses; and to prohibit the public service commission from conducting 2 or more proceedings on same petition or application for rate increase and from conducting hearing on additional rate increase petition or application when utility already has petition or application pending.
Nov. 1982 D Adopted 1,472,442 1,431,884
New legislation calling for mutual, verifiable nuclear weapons freeze between the United States and the Union of Soviet Socialist Republics and requiring transmission of communication to United States government officials.
Nov. 1982 E Adopted 1,585,809 1,216,172
Amendment to reform auto insurance statutes. Nov. 1992 D Rejected 1,482,577 2,480,032
Amendment to limit bear hunting season and prohibit the use of bait and dogs to hunt bear. Nov. 1996 D Rejected 1,379,340 2,225,675
New legislation to permit casino gaming in qualified cities. Nov. 1996 E Adopted 1,878,542 1,768,156
Amendment to legalize the prescription of a legal dose of medication to terminally ill, competent, informed adults in order to commit suicide.
Nov. 1998 B Rejected 859,381 2,116,154
Amendment to establish mandatory school funding levels. Nov. 2006 06-5 Rejected 1,366,355 2,259,247
New legislation to permit the use and cultivation of marijuana for specified medical conditions. Nov. 2008 08-1 Adopted 3,006,820 1,790,889
14
Legislative Initiatives Adopted by State Legislature
Subject of Petition Legislative Action
Amendment to prohibit the appropriation of public funds to pay for welfare abortions unless the abortion is necessary to save the life of the mother.
Adopted by State Legislature: P.A. 59 of 1987
Amendment to require parental consent for abortions performed on unemancipated minors.
Adopted by State Legislature: P.A. 211 of 1990
Amendment to define legal birth and the commencing of legal personhood.
Adopted by State Legislature: P.A. 135 of 2004
Amendment to repeal P.A. 228 of 1975 (“Single business tax act”).
Adopted by State Legislature: P.A. 325 of 2006
15
