State v. Wayne County Clerk

Summary

The Michigan Supreme Court held that 2002 PA 432 was a local act subject to the two-thirds legislative approval requirement in Const. 1963, art. 4, § 29. Because the act did not receive the required two-thirds vote in the House of Representatives, the court reversed the circuit court's mandamus order requiring placement of the Detroit city council districting proposal on the ballot and directed dismissal of the complaint.

Holdings

1. 2002 PA 432 was a local act because, as written and in light of the fixed August 6, 2002, election date, it could not apply to any municipality other than Detroit.
2. The act could not validly direct placement of the proposition on the ballot because it did not receive the constitutionally required two-thirds vote in each house of the Legislature.
3. The challenge was ripe because it concerned whether the Legislature had complied with the constitutionally required procedure for enacting a local act and placing the proposition on the ballot, rather than whether the proposed law would be unconstitutional if enacted.

Questions Presented

1. Whether 2002 PA 432 was a local or special act under Const. 1963, art. 4, § 29.
2. Whether the act could direct placement of the proposition on the ballot without approval by two-thirds of the members elected to and serving in each house of the Legislature.
3. Whether the plaintiffs' constitutional challenge was ripe before enactment of the proposed law.

Disposition

reversed