Mich. Comp. Laws » Michigan Compiled Laws / Chapter 168 / Act 116 of 1954
Michigan Compiled Laws

Mich. Comp. Laws § 168.477 (2026)

Petition and initiative petition; official declaration of sufficiency or insufficiency by board of state canvassers; publication of statement of purpose; expense; effectiveness of law that is subject of referendum.

✓ current as of July 2026
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MICHIGAN ELECTION LAW


Act 116 of 1954


168.477 Petition and initiative petition; official declaration of sufficiency or insufficiency by board of state canvassers; publication of statement of purpose; expense; effectiveness of law that is subject of referendum.

Sec. 477.

    (1) Except as otherwise provided in this subsection, the board of state canvassers shall make an official declaration of the sufficiency or insufficiency of a petition under this chapter at least 2 months before the election at which the proposal is to be submitted. The board of state canvassers shall make an official declaration of the sufficiency or insufficiency of an initiative petition no later than 100 days before the election at which the proposal is to be submitted. The board of state canvassers may not count toward the sufficiency of a petition described in this section any valid signature of a registered elector from a congressional district submitted on that petition that is above the 15% limit described in section 471. If the board of state canvassers declares that the petition is sufficient, the secretary of state shall send copies of the statement of purpose of the proposal as approved by the board of state canvassers to the several daily and weekly newspapers published in this state, with the request that the newspapers give as wide publicity as possible to the proposed amendment or other question. Publication of any matter by any newspaper under this section must be without expense or cost to this state.

    (2) For the purposes of the second paragraph of section 9 of article II of the state constitution of 1963, a law that is the subject of the referendum continues to be effective until the referendum is properly invoked, which occurs when the board of state canvassers makes its official declaration of the sufficiency of the referendum petition. The board of state canvassers shall complete the canvass of a referendum petition within 60 days after the petition is filed with the secretary of state, except that 1 15-day extension may be granted by the secretary of state if necessary to complete the canvass.

History: 1954, Act 116, Eff. June 1, 1955 ;-- Am. 1999, Act 219, Eff. Mar. 10, 2000 ;-- Am. 2012, Act 276, Eff. Aug. 16, 2012 ;-- Am. 2018, Act 608, Imd. Eff. Dec. 28, 2018

Constitutionality Notes:

    The geographic distribution requirement that not more than 15% of the signatures come from any 1 congressional district, as added by Act 608 of 2018, violates the state constitution of 1963. League of Women Voters of Mich v Sec’y of State, 508 Mich 520 (2022).

PopularName Notes:

Election Code
Notes of Decisions
Cited in 24 cases (4 in the last 5 years), 1976–2022 · leading case: Michigan United Conservation Clubs v. Sec'y of State, 630 N.W.2d 297 (Mich. 2001).
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Michigan United Conservation Clubs v. Sec'y of State, 630 N.W.2d 297 (Mich. 2001). · cites it 4× “2, ž 9; MCL 168.477(2). If the stated limitation on the people's referral power contained in art.”
Ferency v. Sec'y of State, 297 N.W.2d 544 (Mich. 1980). · cites it 8× “We do not believe that such a state of affairs was contemplated by the Legislature in promulgating the statute. V Plaintiff argues that the instant controversy is moot because defendant Board of State Canvassers failed to certify the petition within 60 days of the general…”
Stand Up for Democracy v. Sec'y of State, 822 N.W.2d 159 (Mich. 2012). · cites it 4× “Finally, a majority of this Court holds that plaintiff is entitled to a new writ of mandamus requiring the Board of State Canvassers to certify its petition as sufficient.”
Citizens Protecting Michigan's Constitution v. Sec'y of State, 921 N.W.2d 247 (Mich. 2018). · cites it 2× “In a unanimous published opinion, the Court of Appeals rejected plaintiffs’ requested relief and granted the relief sought by intervening defendants, ordering the Secretary of State and the Board “to take all necessary measures to place the proposal on 2 MCL 168.477. 3 While…”
Citizens Protecting Michigan's Constitution v. Sec'y of State, 761 N.W.2d 210 (Mich. Ct. App. 2008). · cites it 2× “476(2); MCL 168.477(1). The Board also has the responsibility to approve the proposal’s statement of purpose, which the Director of Elec *286 tions creates and which is not to exceed 100 words.”
Citizens Protecting Michigan's Constitution v. Sec'y of State, 922 N.W.2d 404 (Mich. Ct. App. 2018). · cites it 2× “476(2) ; MCL 168.477(1). The Director of Elections also must prepare a statement of not more than 100 words-regarding the purpose of the proposed amendment-for placement on the ballot.”
City of Pontiac Retired Employees Ass'n v. Schimmel, 726 F.3d 767 (6th Cir. 2013). · cites it 2× “Mich. Comp. Laws § 168.477 (2) ("a law that is the subject of the referendum continues to be effective until the referendum is properly invoked”).”
Newsome v. Bd. of State Canvassers, 245 N.W.2d 374 (Mich. Ct. App. 1976). · cites it 2× “In this case, we are only concerned with the 40 days found in Const 1963, art 2, § 9 and the two-months limitation found in MCLA 168.477; MSA 6.1477. Both limitations can be met after the June 4, 1976, filing.”
Pontiac Police & Fire Retiree Prefunded Grp. Health & Ins. Trust Bd. of Trs. v. City of Pontiac No 1, 873 N.W.2d 121 (Mich. Ct. App. 2015). “See Const 1963, art 2, § 9; MCL 168.477(2); Stand Up For Democracy v Secretary of State, 492 Mich 588 , 595 n 3, 598, 619-620 (opinion by Kelly, J.”
Protect MI Constitution v. Sec'y of State, 824 N.W.2d 299 (Mich. Ct. App. 2012). “MCL 168.477(1) requires the Board to certify the petition as sufficient or insufficient at least two months before the general election, which in this case is September 7, 2012.”
Michigan United Conservation Clubs v. Sec'y of State, 630 N.W.2d 376 (Mich. Ct. App. 2001). “Const 1963, art 2, § 9; MCL 168.477(2). Plaintiffs filed the instant complaint seeking a writ of mandamus from this Court on March 23, 2001, after the Secretary of State accepted for filing a petition by intervenor-defendant calling for a referendum on 2000 PA 381 .”
Senate v. Sec'y of State (Mich. Ct. App. 2020). · cites it 6× “Second, the act amended MCL 168.477, governing the sufficiency of a petition.”
Show all 24 citing cases →
— Mich. Comp. Laws § 168.477(1) — 11 cases
Citizens Protecting Michigan's Constitution v. Sec'y of State, 761 N.W.2d 210 (Mich. Ct. App. 2008). “476(2); MCL 168.477(1). The Board also has the responsibility to approve the proposal’s statement of purpose, which the Director of Elec *286 tions creates and which is not to exceed 100 words.”
Citizens Protecting Michigan's Constitution v. Sec'y of State, 922 N.W.2d 404 (Mich. Ct. App. 2018). “476(2) ; MCL 168.477(1). The Director of Elections also must prepare a statement of not more than 100 words-regarding the purpose of the proposed amendment-for placement on the ballot.”
Protect MI Constitution v. Sec'y of State, 824 N.W.2d 299 (Mich. Ct. App. 2012). “MCL 168.477(1) requires the Board to certify the petition as sufficient or insufficient at least two months before the general election, which in this case is September 7, 2012.”
Senate v. Sec'y of State (Mich. Ct. App. 2020). “Second, the act amended MCL 168.477, governing the sufficiency of a petition.”
Citizens Protecting Michigan's Constitution v. Sec'y of State (Mich. Ct. App. 2018).
— Mich. Comp. Laws § 168.477(2) — 7 cases
Michigan United Conservation Clubs v. Sec'y of State, 630 N.W.2d 297 (Mich. 2001). “2, ž 9; MCL 168.477(2). If the stated limitation on the people's referral power contained in art.”
Stand Up for Democracy v. Sec'y of State, 822 N.W.2d 159 (Mich. 2012). “Finally, a majority of this Court holds that plaintiff is entitled to a new writ of mandamus requiring the Board of State Canvassers to certify its petition as sufficient.”
City of Pontiac Retired Employees Ass'n v. Schimmel, 726 F.3d 767 (6th Cir. 2013). “Mich. Comp. Laws § 168.477 (2) ("a law that is the subject of the referendum continues to be effective until the referendum is properly invoked”).”
Pontiac Police & Fire Retiree Prefunded Grp. Health & Ins. Trust Bd. of Trs. v. City of Pontiac No 1, 873 N.W.2d 121 (Mich. Ct. App. 2015). “See Const 1963, art 2, § 9; MCL 168.477(2); Stand Up For Democracy v Secretary of State, 492 Mich 588 , 595 n 3, 598, 619-620 (opinion by Kelly, J.”
Michigan United Conservation Clubs v. Sec'y of State, 630 N.W.2d 376 (Mich. Ct. App. 2001). “Const 1963, art 2, § 9; MCL 168.477(2). Plaintiffs filed the instant complaint seeking a writ of mandamus from this Court on March 23, 2001, after the Secretary of State accepted for filing a petition by intervenor-defendant calling for a referendum on 2000 PA 381 .”
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