MichiganVotes Weekly Report: July 23, 2021

Legislative Initiative Petition 1: Repeal one of two state emergency powers laws; REPEALED 60 to 48 in the House on July 21, 2021 on July 21, 2021

To approve an “initiated law” that would repeal one of the two Michigan statutes that authorize a governor to assume extraordinary powers during an emergency, including statewide “lockdowns” like those ordered under the 2020 coronavirus epidemic.Enacted in 1945, this law places no limit on the duration of a declared emergency. The state’s other emergency powers law adopted in 1976 puts a 28 day deadline on a governor’s assumption of emergency powers, with legislative approval required for any extensions.Approval by the governor is not required for an initiated law approved by both the House and Senate. The Senate approved the proposal a week earlier, which means with this vote the 1945 law is officially repealed.

House Bill 4788: Authorize village term limit initiativesPassed 59 to 49 in the House on July 21, 2021

To authorize voter initiatives to place term limits on elected officials of “general law” villages. A petition signed by 10% of registered voters would place a measure on the local ballot limiting future elected officials to four two-year terms or two four-year terms.

Legislative Initiative Petition 1: Repeal one of two state emergency powers lawsPassed 20 to 15 in the Senate on July 15, 2021

To approve an “initiated law” that would repeal one of the two state laws that authorize a governor to assume extraordinary powers during an emergency, including statewide “lockdowns” like those ordered under the 2020 coronavirus epidemic.Enacted in 1945, this law places no limit on the duration of a declared emergency. The state’s other emergency powers law adopted in 1976 puts a 28 day deadline on a governor’s assumption of emergency powers, with legislative approval required for any extensions.A state Supreme Court ruling in Oct. 2020 held that a law authorizing what amounts to unilateral governance for the duration of a governor’s term violates the constitution’s separation of powers provisions.Approval by the governor is not required for an initiated law, which is placed before the legislature by petition. If the legislature does not approve the measure it is placed on the next general election ballot.