A three-judge panel of the state Court of Appeals says the referendum to challenge Michigan’s emergency manager law should go on the November ballot. But the judges say they don’t agree with the precedent governing their decision.
The court found the referendum campaign was in substantial compliance with state election law. That’s despite a question over whether a portion of its petition was printed in the wrong font size. But the court said it does not agree with the earlier decision that governs the case. So the court delayed enforcement of its decision, and called for a rarely used procedure that’s usually used to reconcile conflicting case law.
A majority of the 28 judges on the state Court of Appeals would have to vote to convene a “super-panel” of seven judges to decide whether the precedent was wrongly decided. That could clear the way for the Court of Appeals to keep the referendum off the ballot.
