Citizens Protecting Michigan’s Constitution v. Sec’y of State

Note: The Brennan Center is not a participant in this case.

Case Background

On April 25, 2018 a ballot question committee called Citizens Protecting Michigan’s Constitution (CPMC) and two individual voters filed a lawsuit under Michigan law challenging a ballot proposal that would change how that state’s electoral boundaries are drawn. The proposal—which is sponsored by Voters Not Politicians—would create a thirteen-member independent redistricting commission to draw the state’s congressional and legislative districts. CPMC argues that the proposal changes too many parts of the state constitution to qualify as a “ballot proposal” that could be put to Michigan’s voters and, in violation of state election law, fails to list all of the constitutional provisions it would override.

The plaintiffs sought a writ of mandamus ordering the Secretary of State and the Board of State Canvassers to reject VNP’s petition to add the proposal to the ballot for the 2018 General Election. 

On June 7, a Court of Appeals panel unanimously rejected the plaintiffs’ request to keep the initiative off the November ballot. The plaintiffs appealed the court’s decision to the Michigan Supreme Court. 

Shortly thereafter, the plaintiffs appealed the decision to the Michigan Supreme Court and asked the court to stay the Court of Appeal’s order. On June 14, the court denied the motion to stay.

Update: On July 31, the Michigan Supreme Court affirmed the lower court’s decision, allowing the proposal to be voted on in November. 

Documents

Michigan Court of Appeals

• Complaint for Mandamus (April 25, 2018)
• Plaintiffs’ Brief in Support of Their Complaint for Mandamus (April 25, 2018)  
• Motion for Intervention (May 10, 2018) 
• Motion for Immediate Consideration of Motion for Intervention (May 10, 2018)
• Answer of Intervening Defendants to Plaintiffs’ Complaint for Mandamus (May 10, 2018)
• Cross-Claim of Intervening Defendants Against Defendants Secretary of State and Board of Canvassers (May 10, 2018)
• Order (May 11, 2018) 
• Plaintiffs’ Motion for Additional Time to Respond and for Oral Argument (May 17, 2018)
• Plaintiffs’ Motion for Immediate Consideration of Their Motion for Additional Time to Respond and for Oral Argument (May 17, 2018)
• Intervening Defendants/Cross Plaintiffs’ Response to Plaintiffs’ Motion for Additional Time to Respond and for Oral Argument (May 17, 2018)
• Order (May 18, 2018) 
• Plaintiffs’ Answer and Affirmative Defenses to Intervening Defendants/Cross Plaintiffs’ Cross-Claim (May 22, 2018) 
• Defendants’ Answer to Plaintiffs’ Complaint for Writ of Mandamus (May 22, 2018)
• Defendants’ Answer to Intervening Defendants/Cross Plaintiffs’ Cross Claim (May 22, 2018)
• Defendants’ Brief in Response to Plaintiffs’ Complaint for Mandamus (May 22, 2018)
• Defendants’ Brief in Response to Intervening Defendants/Cross Plaintiffs’ Cross-Claim (May 22, 2018)
• Brief of Intervening Defendants/Cross Plaintiffs’ in Opposition to Complaint for Mandamus and in Support of Cross-Claim (May 22, 2018) 
• Plaintiffs’ Combined Response to Intervening Defendants’ Brief in Support of Cross-Claim and Reply to Intervening Defendants’ Opposition to Plaintiffs’ Opening Brief (May 31, 2018) 
• Intervening Defendants/Cross Plaintiffs’ Reply Brief in Support of Cross-Claim (May 31, 2018)
• Intervening Defendants/Cross Plaintiffs’ Motion for Expedited Consideration of Cross-Claim and to Require Certification of Proposal (May 31, 2018) 
• Intervening Defendants/Cross Plaintiffs’ Brief in Support of Motion for Expedited Consideration of Cross-Claim and to Require Certification of Proposal (May 31, 2018) 
• Decision (June 7, 2018)

Michigan Supreme Court

• Plaintiffs’ Emergency Application for Leave to Appeal (June 11, 2018)
• Plaintiffs’ Motion for Stay (June 11, 2018)
• Plaintiffs-Appellants’ Motion for Immediate Consideration of Their Motion for Stay and Motion to Expedite Appeal (June 11, 2018)
• Intervening Defendants/Cross Plaintiffs-Appellees’ Answer in Opposition to Motion for Stay (June 12, 2018)
• Intervening Defendants/Cross Plaintiffs-Appellees’ Response to Appellants’ Motion to Expedite Appeal (June 13, 2018) 
• Order (June 14, 2018)
• Intervening Defendants/Cross Plaintiffs-Appellees Answer in Opposition to Application for Leave to Appeal (June 22, 2018)
• Amicus Brief of Attorney General Bill Schuette in Support of Application for Leave to Appeal (June 22, 2018)
• Intervening Defendants/Cross Plaintiffs-Appellees’ Brief in Response to Brief of Amicus Curiae Attorney General (July 3, 2018)
• Amicus Brief of Campaign Legal Center in Support of Voters Not Politicians (July 3, 2018)
• Amicus Brief of Senator Carl Levin, Governor Arnold Schwarzenegger, and Common Cause in Opposition to Application for Leave to Appeal (July 3, 2018)
• Order (July 6, 2018)
• Amicus Brief of Fair Lines American in Support of Plaintiffs-Appellants (July 13, 2018)
• Amicus Brief of ACLU of Michigan in Support of Voters Not Politicians (July 13, 2018)
• Opinion (July 31, 2018)