MICHIGAN ELECTION LAW
Act 116 of 1954
168.482 Petitions; size; form; contents.
Sec. 482.
(1) Each petition under this section must be 8-1/2 inches by 14 inches in size.
(2) If the measure to be submitted proposes a constitutional amendment, initiation of legislation, or referendum of legislation, the heading of each part of the petition must be prepared in the following form and printed in capital letters in 14-point boldfaced type:
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INITIATIVE PETITION
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AMENDMENT TO THE CONSTITUTION
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OR
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INITIATION OF LEGISLATION
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OR
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REFERENDUM OF LEGISLATION
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PROPOSED BY INITIATIVE PETITION
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(3) A summary in not more than 100 words of the purpose of the proposed amendment or question proposed must follow and be printed in 12-point type. The full text of the amendment so proposed must follow the summary and be printed in 8-point type. If the proposal would alter or abrogate an existing provision of the constitution, the petition must so state and the provisions to be altered or abrogated must be inserted, preceded by the words:
"Provisions of existing constitution altered or abrogated by the proposal if adopted."
(4) The following statement must appear beneath the petition heading:
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"We,
the undersigned qualified and registered electors, residents in the _________________________
congressional district in the state of Michigan, respectively petition for
(amendment to constitution) (initiation of legislation) (referendum of legislation)
(other appropriate description).".
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(5) The following warning must be printed in 12-point type immediately above the place for signatures, on each part of the petition:
A person who knowingly signs this petition more than once, signs a name other than his or her own, signs when not a qualified and registered elector, or sets opposite his or her signature on a petition, a date other than the actual date the signature was affixed, is violating the provisions of the Michigan election law.
(6) Subject to subsections (7) and (8), the remainder of the petition form must be as provided following the warning to electors signing the petition in section 544c(1). In addition, the petition must comply with the requirements of section 544c(2).
(7) Each petition under this section must provide at the top of the page check boxes and statements printed in 12-point type to clearly indicate whether the circulator of the petition is a paid signature gatherer or a volunteer signature gatherer.
(8) Each petition under this section must clearly indicate below the statement required under subsection (7) and be printed in 12-point type that if the petition circulator does not comply with all of the requirements of this act for petition circulators, any signature obtained by that petition circulator on that petition is invalid and will not be counted.
History: 1954, Act 116, Eff. June 1, 1955 ;-- Am. 1965, Act 312, Eff. Jan. 1, 1966 ;-- Am. 1993, Act 137, Eff. Jan. 1, 1994 ;-- Am. 1998, Act 142, Eff. Mar. 23, 1999 ;-- Am. 2018, Act 608, Imd. Eff. Dec. 28, 2018
PopularName Notes:
Election Code
Notes of Decisions
Stand Up for Democracy v. Sec'y of State, 822 N.W.2d 159 (Mich. 2012).
· cites it 184× “This conclusion is further supported by the Legislature’s 1965 amendment of MCL 168.482, which omitted language that specifically permitted substantial compliance but retained the mandatory requirement that the petition heading be in 14-point type.”
Citizens Protecting Michigan's Constitution v. Sec'y of State, 921 N.W.2d 247 (Mich. 2018).
· cites it 15× “Article 12, § 2 of the 1963 Constitution and MCL 168.482(3) both require that ballot proposals that would amend Michigan’s Constitution republish any existing constitutional provisions that the proposed amendment would alter or abrogate.”
Ferency v. Sec'y of State, 297 N.W.2d 544 (Mich. 1980).
· cites it 34× “The basis for the circuit court's ruling was its finding that the petitions which were circulated to gather signatures in support of the proposed constitutional amendment did not comply with the requirement of MCL 168.482; MSA 6.1482 [1] in that *587 all existing provisions of…”
the People Should Decide v. Bd. of State Canvassers, 492 Mich. 763 (Mich. 2012).
· cites it 23× “ANALYSIS The challengers’ arguments largely center on Const 1963, art 12, § 2 and MCL 168.482. Article 12, § 2 of the 1963 Michigan Constitution, which governs amendment of the Constitution by petition and vote, provides: Amendments may be proposed to this constitution by…”
Bloomfield Charter Twp. v. Oakland Cnty. Clerk, 654 N.W.2d 610 (Mich. Ct. App. 2002).
· cites it 7× “These relevant subsections of MCL 168.482 provide as follows: (1) Each petition under this section shall be 8V2 inches by 14 inches in size.”
Citizens Protecting Michigan's Constitution v. Sec'y of State, 922 N.W.2d 404 (Mich. Ct. App. 2018).
· cites it 6× “When our Supreme Court has applied the requirements of MCL 168.482 to voter initiative-petitions, this Court is bound by that legal authority and for that reason, does not consider the constitutionality of the statute.”
Newsome v. Bd. of State Canvassers, 245 N.W.2d 374 (Mich. Ct. App. 1976).
· cites it 6× “Plaintiffs' complaint contains three counts, the first of which alleges that the petitions are statutorily deficient for noncompliance with MCLA 168.482; MSA 6.1482. The statute relied on reads in pertinent part: "The size of all petitions mentioned in this section shall be…”
Woodland v. Michigan Citizens Lobby, 378 N.W.2d 337 (Mich. 1985).
· cites it 2× “See MCL 168.482; MSA 6.1482. It is common knowledge that not all initiative drives are successful.”
Carman v. Sec'y of State, 185 N.W.2d 1 (Mich. 1971).
· cites it 4× “The constitutionally beckoned legislation appears in § 482 of the Michigan election law of 1954, as minor-amended in 1965 (MCLA § 168.482 [Stat Ann 1970 Cum Supp § 6.”
Michigan Civil Rights Initiative v. Bd. of State Canvassers, 708 N.W.2d 139 (Mich. Ct. App. 2006).
· cites it 5× “But, thereafter, the circuit court held that the form did not comply with MCL 168.482(3). On appeal, a panel of our Court expedited the appeal, held that the circuit court erred, reversed the circuit court’s order, found that the form of the petition complied with the statute,…”
Stand up for Democracy v. Sec'y of State, 824 N.W.2d 220 (Mich. Ct. App. 2012).
· cites it 24× “Petitions circulated countywide shall be on a form prescribed by the secretary of state, which form shall be substantially as provided in [MCL 168.482, 168.544a, or 168.544c] whichever is applicable.”
— Mich. Comp. Laws § 168.482(1) — 8 cases
Stand Up for Democracy v. Sec'y of State, 822 N.W.2d 159 (Mich. 2012).
“This conclusion is further supported by the Legislature’s 1965 amendment of MCL 168.482, which omitted language that specifically permitted substantial compliance but retained the mandatory requirement that the petition heading be in 14-point type.”
Stand up for Democracy v. Sec'y of State, 824 N.W.2d 220 (Mich. Ct. App. 2012).
“Petitions circulated countywide shall be on a form prescribed by the secretary of state, which form shall be substantially as provided in [MCL 168.482, 168.544a, or 168.544c] whichever is applicable.”
— Mich. Comp. Laws § 168.482(2) — 7 cases
Stand Up for Democracy v. Sec'y of State, 822 N.W.2d 159 (Mich. 2012).
“This conclusion is further supported by the Legislature’s 1965 amendment of MCL 168.482, which omitted language that specifically permitted substantial compliance but retained the mandatory requirement that the petition heading be in 14-point type.”
Stand up for Democracy v. Sec'y of State, 824 N.W.2d 220 (Mich. Ct. App. 2012).
“Petitions circulated countywide shall be on a form prescribed by the secretary of state, which form shall be substantially as provided in [MCL 168.482, 168.544a, or 168.544c] whichever is applicable.”
— Mich. Comp. Laws § 168.482(3) — 15 cases
Citizens Protecting Michigan's Constitution v. Sec'y of State, 921 N.W.2d 247 (Mich. 2018).
“Article 12, § 2 of the 1963 Constitution and MCL 168.482(3) both require that ballot proposals that would amend Michigan’s Constitution republish any existing constitutional provisions that the proposed amendment would alter or abrogate.”
the People Should Decide v. Bd. of State Canvassers, 492 Mich. 763 (Mich. 2012).
“ANALYSIS The challengers’ arguments largely center on Const 1963, art 12, § 2 and MCL 168.482. Article 12, § 2 of the 1963 Michigan Constitution, which governs amendment of the Constitution by petition and vote, provides: Amendments may be proposed to this constitution by…”
Citizens Protecting Michigan's Constitution v. Sec'y of State, 922 N.W.2d 404 (Mich. Ct. App. 2018).
“When our Supreme Court has applied the requirements of MCL 168.482 to voter initiative-petitions, this Court is bound by that legal authority and for that reason, does not consider the constitutionality of the statute.”
Stand Up for Democracy v. Sec'y of State, 822 N.W.2d 159 (Mich. 2012).
“This conclusion is further supported by the Legislature’s 1965 amendment of MCL 168.482, which omitted language that specifically permitted substantial compliance but retained the mandatory requirement that the petition heading be in 14-point type.”
— Mich. Comp. Laws § 168.482(4) — 6 cases
— Mich. Comp. Laws § 168.482(5) — 6 cases
Stand up for Democracy v. Sec'y of State, 824 N.W.2d 220 (Mich. Ct. App. 2012).
“Petitions circulated countywide shall be on a form prescribed by the secretary of state, which form shall be substantially as provided in [MCL 168.482, 168.544a, or 168.544c] whichever is applicable.”
— Mich. Comp. Laws § 168.482(6) — 4 cases
Stand up for Democracy v. Sec'y of State, 824 N.W.2d 220 (Mich. Ct. App. 2012).
“Petitions circulated countywide shall be on a form prescribed by the secretary of state, which form shall be substantially as provided in [MCL 168.482, 168.544a, or 168.544c] whichever is applicable.”
— Mich. Comp. Laws § 168.482(7) — 7 cases
— Mich. Comp. Laws § 168.482(8) — 5 cases
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