Congressional & Legislative
Primary Authority: Plans are drawn and adopted by the Independent Citizens Redistricting Commission, a 13-member body of citizen-applicants.
- Members: The Secretary of State makes applications to serve available to the general public and mails out a specified number of applications to randomly selected Michigan voters. After eliminating ineligible applicants, the Secretary then randomly selects 60 applicants from each pool of applicants identifying with Michigan’s two major political parties and 80 applicants from the pool identifying as unaffiliated. A specified proportion of these narrowed down applicants must come from responses to the mailed-out applications and the overall breakdown should mirror the state’s geographic and demographic makeup as closely as possible. The majority and minority leaders of Michigan’s Senate and the Speaker and minority leader of Michigan’s House may each strike up to 5 individuals from any of the pools. The Secretary then randomly selects the names of 4 commissioners from each of the pools affiliated with the two major parties and 5 commissioners from the pool of unaffiliated applicants. [Mich. Const. art. IV, § 6(2)]
- Timing: Applications to serve must be made available to the general public by January 1 of the decennial census year and are accepted until June 1 of the decennial census year. The Secretary must submit the narrowed down pools of eligible applicants to the Michigan Legislature’s legislative leaders by July 1 of the decennial census year, and the leaders must make their strikes by August 1 of that year. The final commissioner selections must be made by September 1 of the decennial census year. The Secretary must formally convene the Commission by October 15 of the decennial census year. [Mich. Const. art. IV, §§ 6(2), (7)]
- Eligibility: Commissioners must be registered and eligible Michigan voters. They must not be currently, or have been in the prior 6 six years: a candidate for partisan federal, state, or local office; an elected federal, state, or local official; an officer or member of the governing body of a national, state, or local political party; a paid consultant or employee of a federal, state, or local elected official, political candidate, a campaign committee, or PAC; an employee of the Michigan Legislature; a registered lobbyist or employee of a lobbyist; an unclassified state employee who is exempt from classification in state civil service except for court employees, state-run college employees, or persons in the armed forces of the state. They also must not be a parent, stepparent, child, stepchild, or spouse of any disqualified individual. Commissioners are prohibited from holding partisan elected office at the state, county, city, village, or township level in Michigan for a period of 5 years after their appointment. [Mich. Const. art. IV, § 6(1)]
- Voting: At least 9 commissioners, including at least one from each selection pool, is required for a quorum. Final decisions require a majority vote. Adoption of final plans requires a majority vote, including at least 2 commissioners who affiliate with each major party and 2 commissioners who are unaffiliated with either. If no final plan reaches this threshold, each commissioner can submit one proposed plan for each type of district for the Commission’s consideration and each commissioner ranks all possible plans according to preference, with each preference corresponding to a point value. The Commission adopts the plan that receives the highest total points that is also ranked in the top half of plans by at least 2 unaffiliated commissioners, if it was submitted by a party-affiliated commissioner, or in the top of half of plans by at least 2 party-affiliated commissioners, if it was submitted by an unaffiliated commissioner. [Mich. Const. art. IV, §§ 6(10), (12), (14)]
- Public Input & Transparency: All commission business must be conducted in open meetings, advance public notice must be given of meetings and hearings, and technology must be used to provide contemporaneous public observation and meaningful public participation in all such meetings and hearings. The Commission must accept testimony, comments, and plan proposals submitted by the public, which become public records. Commissioners and staff are prohibited from discussing redistricting matters with anyone in the public outside of an open meeting of the Commission, except for in writing or in a previously publicly noticed open forum. The Commission must hold public hearings prior to developing proposed plans, after releasing proposed plans, and prior to adopting final plans. A 45-day public comment period is required on final plan proposals prior to adopting them. All data and supporting materials used to develop plans must be published and available to the public. [Mich. Const. art. IV, §§ 6(8), (9), (10), (11), (14)]
Mapping Timeline: The Commission must hold at least 10 public hearings throughout the state to solicit public input prior to drafting proposed plans. After publishing proposed plans, the Commission must hold at least 5 hearings throughout the state to collect public input. A 45-day public comment period must be held on all plan proposals prior to adopting them as final, and final plans must be adopted by November 1 of the year immediately following the decennial census. Data and supporting materials for final plans along with an explanatory report must be published within 30 days of adopting a plan, and adopted plans become legally effective 60 days after their publication. [Mich. Const. art. IV, §§ 6(7), (8), (9), (14), (17)]
Redistricting Criteria: Equal population; Contiguous (island contiguity based on county); Reflect state’s diverse population and communities of interest (including but not limited to shared cultural or historical characteristics or economic interest and excluding relationships with political parties, incumbents, or candidates); Reflect consideration of county, city, and township boundaries; Reasonably compact.
PROHIBITED: Providing a disproportionate advantage to any political party (as determined by accepted measures of partisan fairness); Favoring/disfavoring an incumbent or candidate. [Mich. Const. art. IV, § 6(13)]
Map Challenges: Filed in the Michigan Supreme Court. The Court has authority to direct the Secretary or Commission to perform their duties, to review challenges to any adopted plan, and to remand the plan back to the Commission for further action if it finds it fails to comply with federal or state constitutional or statutory requirements. In no event may any other body besides the Commission create and adopt redistricting plans for the state. [Mich. Const. art. IV, § 6(18)]
Ballot Measure & Referendum Processes
Types of Measures: Indirect initiatives and referendums are permitted to amend statutes. Direct initiatives are not permitted to amend the state constitution. Legislatively initiated ballot measures may amend both statutes and the state constitution.
Single-Subject Rule: No.
Initiative Subject Restrictions: Initiatives must be applicable to laws that the Legislature could enact. Referendums cannot target laws that incorporated appropriations for state institutions or other state funding.
Signature Requirements: Constitutional amendments require 10% of all votes cast for all candidates for governor in the last gubernatorial election, 8% for all other initiatives, and 5% for a veto referendum. 4,461,972 people voted for a gubernatorial candidate in the 2022 general election in Michigan, so 446,198 signatures are required for constitutional amendments; 356,958 signatures are required for any other initiative; and 223,099 signatures are required for a veto referendum.
Submission Deadlines: Constitutional amendment petitions must be submitted no less than 120 days prior to the general election in which the measure is to appear on the ballot (July 8, 2024), and statutory petitions must be submitted at least 160 days prior (May 29, 2024). Referendums must be submitted within 90 days after the adjournment of the legislative session in which the law was enacted.
Circulation Period: The circulation period for initiative petitions is 120 days.
Ballot Title and Summary: The ballot title and summary are written by the proponent and approved by the Board of Canvassers. Expedited reviews for titles and summaries are permitted.
Other Requirements: A fiscal impact statement is not required. There are no supermajority requirements. The Legislature can make changes to or repeal statutes passed by the voters with a ¾ vote in each chamber. To change or repeal a constitutional amendment passed by voters, the Legislature must submit a new amendment to the voters with an affirmative 2/3 vote in each chamber. Initiatives are permitted on general election ballots but not on primary, special, or odd-year election ballots.
[Mich. Const. art. II, § 9; art. 12, § 2; Mich. Comp. Laws §§ 168.471 – 168.488; Michigan Initiative and Referendum Petition Instructions]
Previous Redistricting Cycles
2010
- Congressional
- Original Plan – HB 4780
- Passed = June 29, 2011 (R-controlled)
- Signed = August 9, 2011
- Preclearance = Granted on February 28, 2012
- Litigation History
- League of Women Voters of Michigan v. Benson, 373 F.Supp.3d 867 (E.D. Mich. 2019): Several registered voters and the League of Women Voters of Michigan filed a federal lawsuit challenging the state’s enacted congressional and legislative plans as a partisan gerrymander in violation of the 1st Amendment’s free speech and association rights and the 14th Amendment’s Equal Protection Clause. The district court originally ruled in favor of the plaintiffs and struck down both sets of plans as partisan gerrymanders in violation of the 1st and 14th Amendments, but the U.S. Supreme Court vacated and remanded the case for further consideration in light of the Court’s ruling in Rucho v. Common Cause that partisan gerrymandering challenges were nonjusticiable by federal courts.
- Legislative
- Original Plans – SB 498
- Passed = June 29, 2011 (R-controlled)
- Signed = August 9, 2011
- Preclearance = Granted on February 28, 2012
- Litigation History
- NAACP v. Snyder, 879 F.Supp.2d 662 (E.D. Mich. 2012): A coalition of civil rights groups, a union, and Michigan residents filed a federal lawsuit challenging the state’s enacted legislative plans as violating minority voters’ rights in violation of Article I, Section 2 of the U.S. Constitution, the 14th Amendment’s Equal Protection Clause, the one person, one vote constitutional requirement, and Section 2 of the Voting Rights Act. On April 6, 2012, the district court granted the defendants’ motion to dismiss the case on the grounds the plaintiffs failed to sufficiently allege facts to support their alleged violations.
- League of Women Voters of Michigan v. Benson, 373 F.Supp.3d 867 (E.D. Mich. 2019): Several registered voters and the League of Women Voters of Michigan filed a federal lawsuit challenging the state’s enacted congressional and legislative plans as a partisan gerrymander in violation of the 1st Amendment’s free speech and association rights and the 14th Amendment’s Equal Protection Clause. The district court originally ruled in favor of the plaintiffs and struck down both sets of plans as partisan gerrymanders in violation of the 1st and 14th Amendments, but the U.S. Supreme Court vacated and remanded the case for further consideration in light of the Court’s ruling in Rucho v. Common Cause that partisan gerrymandering challenges were nonjusticiable by federal courts.
2000
- Congressional
- Original Plan – SB 546
- Passed = July 11, 2001 (R-controlled)
- Signed = September 19, 2001
- Preclearance = Granted on February 11, 2001
- Litigation History
- LeRoux v. Secretary of State, 640 N.W.2d 849 (Mich. 2002): Plaintiff-voters filed a lawsuit challenging the state’s enacted congressional plans as invalid on the grounds that the plan was changed by the Secretary of State after being passed and before being presenting to the governor and that it failed to comply with the redistricting requirements established by Michigan law. On March 25, 2002, the Michigan Supreme Court ruled in favor of the defendants and upheld the plan, finding that the Secretary’s changes were technical in nature and thus constitutionally permissible and that the statutory redistricting guidelines cited were not binding on the Legislature’s 2001 congressional redistricting.
- O’lear v. Miller, 222 F.Supp.2d 850 (E.D. Mich. 2002): A group of registered voters filed a federal lawsuit challenging Michigan’s enacted congressional plan as a partisan gerrymander in violation of Article I, section 2 of the U.S. Constitution, the 14th Amendment’s Equal Protection and Privileges and Immunities Clauses, and the 1st Amendment, in addition to claims under the 15th Amendment and Section 2 of the Voting Rights Act. On May 24, 2002, the district court dismissed all of the plaintiffs claims after finding they had failed to sufficiently demonstrate support for their alleged violations, but it left plaintiffs the opportunity to file an amended complaint with a corrected version of their Equal Protection Clause claim.
- Legislative
- Original Plan – HB 4965
- Passed = July 12, 2002 (R-controlled)
- Signed = September 20, 2001
- Preclearance = Granted on February 11, 2001
- Litigation History
In The News
- Federal judges approve Michigan redistricting commission's new state Senate map, Michigan Public (7/26/24)
- Redistricting commission selects a proposed Senate map on 6th round of voting, Michigan Advance (6/27/24)
- Analysis: Only 1/4 of Michigan Senate districts redrawn by MICRC are ‘fairer’ than previous map, Michigan Advance (6/3/24)
- Michigan redistricting panel votes to dismiss appeal to U.S. Supreme Court, pay $1.8M to plaintiffs, The Detroit News (4/25/24)
- Federal judges approve redraw of Detroit-area state House seats ahead of 2024 election, NPR (3/27/24)
- Redistricting commission approves pay raise, new chair amid internal strife, Michigan Advance (3/22/24)
- Rep. Bollin blasts redistricting commission’s self-imposed raise, Statement (3/21/24)
- New Michigan House map remedies racial concerns that led to redraw, special master says, The Detroit News (3/18/24)
- US Supreme Court won’t overrule federal judges’ order to redraw Detroit legislative seats, AP (1/22/24)
- Michigan redistricting panel asks court for permission to use unconstitutional maps, The Hill (1/11/24)
- Federal court orders redistricting commission to draw new state House districts by Feb. 2, Michigan Advance (1/9/24)
- Michigan redistricting commission votes to appeal order to redraw districts to SCOTUS, Michigan Advance (1/5/24)
- Three Picked to fill open spots on Michigan redistricting commission, CBS Detroit (1/3/24)
- Redistricting Commission Sues Michigan Legislature for $3.1M Over Legal Funds, Budget, MLive (12/14/22)
- Michigan Legislature: Redistricting Paves Way for Democrats to Seize Control, Bridge Michigan (11/9/22)
- Michigan's Citizens Redistricting Commission Out of Cash, The Detroit News (10/1/22)
- Michigan's Redistricting Commission About to Run Out of Money, Detroit Free Press (9/30/22)
- Michigan Congressional Districts Upheld by Three-Judge Panel in Face of GOP Challenge, Detroit Free Press (4/1/22)
- Michigan Supreme Court Rejects Challenge to State House Map that Claimed GOP Bias, The Detroit News (3/25/22)
- Republican Redistricting Lawsuit Challenging Congressional Map Partially Dismissed by Judges, MLive (3/4/22)
- GOP Member of Redistricting Commission Sues Commission, Alleging Records Request Violation, Detroit Free Press (2/16/22)
- Michigan Supreme Court Declines to Revisit Redistricting Voting Rights Act Challenge, MLive (2/16/22)
- Detroit Lawmakers Ask Supreme Court to Reconsider Dismissal of Redistricting Challenge, MLive (2/11/22)
- Michigan Supreme Court Dismisses Voting Rights Act Challenge of Redistricting Maps, The Detroit News (2/3/22)
- Lawsuit Against Redistricting Commission Alleges State House Map Unfair to Democrats, Detroit Free Press (2/1/22)
- General Counsel for Michigan Redistricting Commission Resigns, Detroit Free Press (1/26/22)
- Michigan Republicans Sue Over US House District Lines, The Hill (1/21/22)
- Black Lawmakers to Sue to Block Michigan Redistricting Maps, AP (1/3/22)
- Michigan Redistricting Panel OKs US House, Legislative Maps, AP (12/29/21)
- Changes to Proposed Redistricting Maps this Week won't Restart 45-Day Clock, Lawyers Say, The Detroit News (12/28/21)
- Whitmer Signs Bill Barring Redistricting Panel from Entering Closed Session Under OMA, The Detroit News (12/27/21)
- What 7 Michigan Redistricting Panel Memos Discussed; Excerpts from Closed Session, The Detroit News (12/21/21)
- Supreme Court Orders Redistricting Panel to Release 7 Memos, Meeting Recording, The Detroit News (12/20/21)
- Redistricting Panel, in Response to Lawsuit, Argues Limits on Transparency are Necessary, The Detroit News (12/14/21)
- Detroit Free Press Joins Other Media Outlets in Lawsuit Against Redistricting Commission, Detroit Free Press (12/7/21)
- Michigan Redistricting Commission Votes Against Releasing Memos from Controversial Closed Meeting, MLive (12/2/21)
- Redistricting Panel Denies Records Request for Confidential Memos After AG Opinion, The Detroit News (11/23/21)
- State AG: Redistricting Panel Shouldn’t have Met Privately, AP (11/22/21)
- After Confidential Memo, Redistricting Panel Adds 6 New Maps Bringing Total to 15, The Detroit News (11/8/21)
- Redistricting Panel Advances Congressional, Senate Maps, AP (11/1/21)
- Michigan's Draft Redistricting Maps Approved, Will be Taken to the Public Next, Detroit Free Press (10/11/21)
- See the Michigan Redistricting Commission’s Proposed State Senate Districts, MLive (9/16/21)
- Michigan Group Calls for Resignation of 'Independent' Redistricting Commission Members who Publicly Support Democratic Causes, The Center Square (9/8/21)
- Michigan Redistricting Commission Alters its Map Drawing Schedule Again, MLive (9/8/21)
- Michigan Redistricting Commission Sued in Anticipation of Missing Constitutional Deadline, Detroit Free Press (9/7/21)
- Preserving County Lines isn't Top Priority for Michigan's Redistricting Commission, Detroit Free Press (9/7/21)
- Report: Michigan Independent Redistricting Committee not so Independent, The Center Square (9/2/21)
- Michigan Redistricting Panel OKs Mapping Process, Schedule, AP (8/19/21)
- Activists Raise Alarm about Legal Team Floated for Michigan's Redistricting Panel, The Detroit News (8/9/21)
- Michigan AFL-CIO Proposes Redistricting Maps for State Commission, Michigan Advance (8/5/21)
- With Redistricting as an X Factor, Republicans Set their Sights on Kildee in 2022, Michigan Advance (7/20/21)
- Michigan's High Court won't Weigh in on Redistricting Delay, The Detroit News (7/9/21)
- Former Justice Discourages Redistricting Commission from Using UM Guidance, The Detroit News (6/28/21)
- Supreme Court Weighs Request for Michigan Redistricting Delay as Opponents Argue it isn't Needed, The Detroit News (6/21/21)
- Maintain Diversity but Skip Gerrymandering, Residents Tell Redistricting Panel in Detroit, The Detroit News (6/17/21)
- Michigan Helpline will Facilitate Input on Political Redistricting, MLive (6/2/21)
- Greater Lansing's Message to Redistricting Board: 'Put us Back Together', Lansing State Journal (5/28/21)
- Sixth Circuit Upholds Rules for Michigan Redistricting Commission, Courthouse News Service (5/27/21)
- Michigan Redistricting Commission Finalizes Contract with Attorney GOP Opposed, Detroit Free Press (5/12/21)
- Michigan Set to Begin Public Hearings on Redistricting, AP (5/10/21)
- Michigan Independent Citizens Redistricting Commission Launches Portal for Public Comment, NBC 25 News (5/5/21)
- Census Shows Michigan Grows, Still Loses US House Seat, AP (4/26/21)
- Census Data Expected to Show Michigan Losing another U.S. House Seat, The Detroit News (4/22/21)
- Michigan Seeks to Delay Redistricting by Nearly 3 Months, AP (4/22/21)
- Michigan to Seek Nearly 3-Month Delay to Draw Political Maps, AP (3/26/21)
- Appeals Panel Hears Arguments again on Constitutionality of Redistricting Commission, The Detroit News (3/17/21)
- Michigan Redistricting Panel will Seek Delay to Finish Maps, AP (3/5/21)
- 'Picasso' of Gerrymandering Selected to Draw New Districts, Detroit Free Press (3/5/21)
- 2 Groups to Present Proposals for Michigan Redistricting on Thursday, WXYZ (3/4/21)
- Redistricting Panel Proposes Closed Session After Census Data Delay, Michigan Advance (2/18/21)
- Nonprofit Coalition will Work to get Underrepresented Communities Involved in MI Redistricting, WXYZ (2/18/21)
- Redistricting Commission Gears up for Drawing New Legislative Boundaries, MiBiz (1/17/21)
- Michigan Likely to Lose Congressional Seat after 2020 Census Count, MLive (12/29/20)
- Michigan is Expected to Lose a Seat in Congress Following the 2020 Census, WLNS (12/23/20)
- Hammersmith Picked to Lead Redistricting Commission, Lenconnect.com (12/8/20)
- Independent Redistricting Panel Tables Director Hiring Position, Michigan Advance (11/20/20)
- Republicans Retain Control of Michigan State House After Both Parties Flip Seats, Detroit Free Press (11/4/20)
- Random Selection to be Held to Replace Redistricting Commissioner After Resignation, Michigan.gov (10/20/20)
- Redistricting Commission to Select New Member After Second Resignation, The Detroit News (10/20/20)
- Michigan's Census Response High, But Undercount Fears Loom, AP (10/6/20)
- Independent Citizens Redistricting Commission Meeting Schedule, Michigan.gov (9/27/20)
- Van Buren Twp. Man to Fill Vacancy on Redistricting Commission, The Detroit News (9/24/20)
- Fowlerville Man Resigns From State Redistricting Commission, WHMI (9/23/20)
- Michigan Redistricting Commissioner Resigns; New Choice Looms, The Detroit News (9/22/20)
- History Made as Independent Citizens Redistricting Commission Members Meet for the First Time, Michigan.gov (9/17/20)
- Michigan Independent Redistricting Commission Holding First Public Meetings, WXYZ (9/17/20)
- MI Redistricting Commission to Hold First Meeting this Month, WNEM (9/5/20)
- No Voices to be Heard: U.P. Residents Excluded from Michigan's New Redistricting Commission, The Daily Mining Gazette (8/20/20)
- Meet the 13 Commissioners who will Redraw Michigan's Electoral Lines, MLive (8/18/20)
- Michigan Selects Commissioners to Redraw Voting Lines, AP (8/17/20)
- 13 Members Selected for Michigan's Independent Citizens Redistricting Commission, WXYZ (8/17/20)
- Census Workers to Go Door-to-Door in Michigan Communities, AP (8/9/20)
- Independent Citizens Redistricting Commission Semifinalist List Updated to 180 Applicants, Michigan.gov (7/31/20)
- Two Dissidents Survive Latest Michigan Redistricting Commission Cuts, The Detroit News (7/31/20)
- Meet the Candidates to Redraw Michigan's Political Boundaries, The Detroit News (7/21/20)
- Michigan GOP Fails Again to Stop New Redistricting Panel, The Fulcrum (7/7/20)
- Independent Citizens Redistricting Commission Applicant Pool Cut from Thousands to 200, C & G News (7/6/20)
- Federal Judge Throws Out Republican Lawsuit Against Michigan Redistricting Commission, MLive (7/6/20)
- Detroit Struggles While Two Tiny Suburbs are Nationwide Census Leaders, Detroit Free Press (6/29/20)
- MI Redistricting Commission Closer to Being Named, 94.9 WSJM (6/27/20)
- Only Redistricting Commission Semifinalist from County may be Ineligible, Cheboygan Daily Tribune (6/25/20)
- Redistricting Commission Semifinalists Picked, WILX (6/24/20)
- Michigan to Live-Stream Selection of 200 Redistricting Commission Finalists Wednesday, MLive (6/22/20)
- Independent Citizens Redistricting Application Processing Complete, WNEM (6/22/20)
- Court Rejects Rehearing of GOP Cases to Bar Redistricting Commission, Michigan Advance (6/19/20)
- More Than 6,000 Apply for Michigan’s Redistricting Commission as Deadline Hits, MLive (6/1/20)
- Detroit’s census headcount critical as population decreases, AP (5/24/20)
- Electronic Notarization of Redistricting Commission Applications OK, Record Eagle (4/20/20)
- Independent Citizens Redistricting Commission Application Count to Surpass California, Sun Times News (4/19/20)
- Appeals Court Refuses to Block Michigan Redistricting Panel, AP, (4/15/20)
- Lawmakers try to alter voter-approved redistricting reforms, AP (3/5/20)
- More states to use redistricting reforms after 2020 census, AP (3/5/20)
- Americans continue to vote with their feet towards low-tax states, The Hill (3/3/20)
- More Than 6,000 Apply for Michigan’s New Independent Citizens’ Redistricting Commission, MLive (2/27/20)
- Michigan Bill Aims to End 'Prison Gerrymandering' Before 2020 Census, Detroit Free Press (2/1/20)
- 250,000 Michigan Voters Mailed Applications for New Redistricting Commission, MLive (1/2/20)