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Thu April 26, 2012
Michigan election officials deadlocked on challenge to emergency manager law
The Michigan Board of State Canvassers deadlocked 2-2 along party lines this morning on whether to allow a challenge to the state's emergency manager law on the November ballot.
Update 5:17 p.m.
MPRN's Rick Pluta filed audio on the scene at today's Board of State Canvassers meeting. Here's what it sounded like - first the chants of "Shame!" from the crowd after the Board had a deadlocked, which meant the question would not be put to voters in November - and then the response from Herb Sanders, the attorney for the Stand Up for Democracy campaign.
Sanders says the next stop is the Michigan Court of Appeals.
The Detroit News has more on the scene at the Board of State Canvassers meeting this morning:
Democrats Julie Matuzak and James Water voted to approve the petitions while Republicans Jeffrey Timmer and Norman Shinkle voted against it.
More than 140 supporters of repealing Public Act 4 began chanting "Shame, Shame, Shame" and shouting down the board members as "fascists" as they tried to exit the heated meeting.
An attorney arguing for the Citizens for Fiscal Responsibility, the group challenging the validity of the petitions, says the law uses the term "shall" - as in petitions "shall" use certain font and type sizes.
"'Shall,' in legal parlance, is a mandatory term," Pirich said. "It didn't say 'get in the ball park', it said it 'shall.' "We believe the petition is fatally flawed in that regard."
Herb Sanders, the attorney representing Stand Up For Democracy, a coalition of groups that launched the petition campaign, noted several Court of Appeals petition cases where the court used a standard of "substantial compliance" to determine a petition's validity.
The Board of State Canvassers has deadlocked along party lines on whether to put the referendum challenge to the emergency manager law on the ballot. Republicans on the board pointed to the use of an incorrect type size on the petition as grounds for denying it access to the November ballot. The ballot campaign can now go to the state Court of Appeals.