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AG Nessel Issues Statement on Victory in “Adopt and Amend”
July 19, 2022
LANSING – Michigan Attorney General Dana Nessel issued the following statement regarding the Court of Claims opinion declaring “adopt and amend” unconstitutional:
“This order is a victory for the residents of Michigan whose efforts to bring an issue before their elected representatives were wrongly circumvented by the Legislature in 2018. The initiated law process is intended as a tool for the people. As Judge Shapiro noted in his opinion, the constitution ‘grants the Legislature three options to address a law proposed through the initiative process—enact the law, reject the law, or propose an alternative. Article 2, § 9 does not permit the Legislature to adopt a proposed law and, in the same legislative session, substantially amend or repeal it.’
The actions undertaken by the legislature in 2018 denied the will of the people and distorted the purpose of Michigan’s citizens initiative process. This is a victory for Michiganders and for democracy.”
Note: The Court of Claims ordered that Public Acts 368 and 369 of 2018 are voided, and the initiatives adopted by the Legislature as Public Acts 337 and 338 of 2018 remain in effect.