Stand Up for Democracy v. Secretary of State
822 N.W.2d 159
Mich.2012Background
- plaintiff Stand Up For Democracy filed a referendum petition with 203,238 valid signatures to suspend 2011 PA 4 and sought certification from the Board of State Canvassers.
- heading required by MCL 168.482(2) must be printed in capital letters in 14-point boldfaced type; the heading read as 14-point Calibri in this case.
- the Board deadlocked on the certification due to the heading’s type-size, rejecting substantial-compliance reasoning.
- the Court of Appeals held petition substantially complied and granted mandamus to certify for the ballot; the Michigan Supreme Court granted review.
- the majority held that the statutory language is mandatory and substantial compliance cannot authorize pre-election certification; actual compliance is required.
- Bloomfield Charter Twp v Oakland Co Clerk was overruled to the extent it permitted pre-election substantial-compliance preemption of strict form requirements.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether substantial compliance can validate a pre-election referendum petition | Stand Up For Democracy relies on substantial compliance to certify despite form defects | The statute's mandatory language forecloses substantial compliance pre-election | Substantial compliance pre-election is insufficient; actual compliance required |
| What 14-point type means in MCL 168.482(2) (type vs. letters) | The heading’s type must measure 14 points; letters may vary in height | The 14-point requirement measures the type size, not individual letters | The type (not each letter) must measure 14 points; heading must be 14-point type |
| Whether digital fonts can satisfy the 14-point requirement without proof that they replicate movable-type size | Calibri 14-point heading satisfies the statutory size | Digital replication of movable-type size is not proven; cannot be deemed compliant | Plaintiff did not prove digital font replication; no mandamus on that basis; remand possible to prove correct standard |
| Effect of MCL 168.544d on substantial compliance | Secretary of State forms may substantially comply with 168.482(2) | MCL 168.544d limits substantial compliance to forms prescribed by the Secretary of State | MCL 168.544d does not authorize plaintiff’s approach; Secretary forms may substantially comply; others must actually comply |
| Bloomfield Charter Twp overruled; prior reliance on substantial compliance pre-election rejected | Bloomfield Charter Twp supported substantial compliance applicability | Bloomfield Charter Twp consistent with prior practice | Bloomfield Charter Twp is overruled to the extent it allowed pre-election substantial compliance |
Key Cases Cited
- Bloomfield Charter Twp v Oakland Co Clerk, 253 Mich App 1 (2002) (overruled for pre-election substantial compliance as to mandatory form)
- Kadans v Wayne Co Clerk, 363 Mich 306 (1961) (pre-election substantial compliance allowed under prior statute)
- Stand Up For Democracy v Secretary of State, 297 Mich App 45 (2012) (postures involving petition form and pre-election certification)
- Manuel v Gill, 481 Mich 637 (2008) (mandamus standard and statutory interpretation guidance)
- S), Kadans; Kadans v Wayne County Clerk, 363 Mich 306 (1961) (pre-election substantial compliance context acknowledged)