HomePublicationsNewsletter ArchiveNewslettersVolume 18Issue 24Hearing Set for Casino Expansion Ballot Initiative Challenge

On Monday, August 6, 2012, the Michigan Court of Appeals will hear arguments in the action filed last week by Protect MI Vote that seeks to keep a ballot proposal to authorize additional casinos in the state from being placed on the November 2012 ballot. The proposal, submitted by Citizens for More Michigan Jobs (“CMMJ”), seeks to authorize the operation of eight additional commercial casinos throughout the state and to change the wagering tax rate and distribution schedule.

The lawsuit, filed against the Secretary of State on July 25, 2012 in the name of “Protect MI Constitution,” alleges that the ballot proposal is unconstitutional and, therefore, cannot be placed on the November ballot. Protect MI Vote asserts that the proposal language violates Michigan law by seeking to directly amend voter-initiated legislation as well as to amend the state constitution. In a press release on the matter, Protect MI Vote has taken the position that the petition must be submitted as two separate questions, one that amends the state constitution to allow for expanded gaming activity and one that amends the Michigan Gaming Control and Revenue Act (“Act”), in order to be constitutional. Furthermore, Protect MI Vote has argued that the proposed amendments to the Act do not meet the proper technical requirements to be placed on the November 2012 ballot.

In response, CMMJ has contended that the proposal was carefully drafted to comply with all ballot initiative requirements under Michigan law. CMMJ has intervened in the present litigation and, on August 2, 2012, the court issued an order that allows the group to appear and argue at the August 6, 2012 hearing.

The hearing has been set for 10:00 a.m. at the Hall of Justice, 925 Ottawa Street in Lansing.

 

Upcoming Events

Casino Job Board

Official Publications

 

RMC Legal

Visit our other website below: