Mi. Const. art. II, § 9 — Article II / Section 9
Mich. Const. art. II, § 9
Status: in_force

Initiativeandreferendum;limitations;appropriations;petitions. Sec.9.Thepeoplereservetothemselvesthepowertoproposelawsandtoenactandreject laws, called the initiative, and the power to approve or reject laws enacted by the legislature, called the referendum. The power of initiative extends only to laws which the legislature may enact under this constitution. The power of referendum does not extend to acts making appropriationsforstateinstitutionsortomeetdeficienciesinstatefundsandmustbeinvoked in the manner prescribed by law within 90 days following the final adjournment of the legislative session at which the law was enacted. To invoke the initiative or referendum, petitions signed by a number of registered electors, not less than eight percent for initiative andfivepercentforreferendumofthetotalvotecastforallcandidatesforgovernoratthelast precedinggeneralelectionatwhichagovernorwaselectedshallberequired. Referendum,approval. No law as to which the power of referendum properly has been invoked shall be effective thereafter unless approved by a majority of the electors voting thereon at the next general election. Art.II,§9 CONSTITUTION OF MICHIGAN OF 1963 8 Initiative;dutyoflegislature,referendum. Anylawproposedbyinitiativepetitionshallbeeitherenactedorrejectedbythelegislature without change or amendment within 40 session days from the time such petition is received by the legislature. If any law proposed by such petition shall be enacted by the legislature it shallbesubjecttoreferendum,ashereinafterprovided. Legislativerejectionofinitiatedmeasure; differentmeasure;submissiontopeople. Ifthelawsoproposedisnotenactedbythelegislaturewithinthe40days,thestateofficer authorizedbylawshallsubmitsuchproposedlawtothepeopleforapprovalorrejectionatthe nextgeneralelection.Thelegislaturemayrejectanymeasuresoproposedbyinitiativepetition and propose a different measure upon the same subject by a yea and nay vote upon separate roll calls, and in such event both measures shall be submitted by such state officer to the electorsforapprovalorrejectionatthenextgeneralelection. Initiativeorreferendumlaw; effectivedate,veto,amendmentandrepeal. Anylawsubmittedtothepeoplebyeitherinitiativeorreferendumpetitionandapprovedby amajorityofthevotescastthereonatanyelectionshalltakeeffect10daysafterthedateofthe officialdeclarationofthevote.Nolawinitiatedoradoptedbythepeopleshallbesubjecttothe veto power of the governor, and no law adopted by the people at the polls under the initiative provisions of this section shall be amended or repealed, except by a vote of the electors unless otherwiseprovidedintheinitiativemeasureorbythree-fourths ofthememberselectedtoand serving in each house of the legislature. Laws approved by the people under the referendum provision of this section may be amended by the legislature at any subsequent session thereof. If two or more measures approved by the electors at the same election conflict, that receiving thehighestaffirmativevoteshallprevail. Legislativeimplementation. Thelegislatureshallimplementtheprovisionsofthissection. History: Const.1963,Art.II,§9,Eff.Jan.1,1964. Constitutionality: AlawproposedbyinitiativepetitionwhichisenactedbytheLegislaturewithoutchangeoramendmentwithin fortydaysofitsreceptiontakeseffectninetydaysaftertheendofthesessioninwhichitwasenactedunlesstwo-thirdsofthemembersofeach houseoftheLegislaturevotetogiveitimmediateeffect.Freyv.DepartmentofManagementandBudget,429Mich.315,414N.W.2d873(1987). FormerConstitution: SeeConst.1908,Art.V,§1.