Congressional and Legislative
The Michigan Independent Citizens Redistricting Commission draws the state’s legislative and congressional maps. The 13-member commission is made of four republicans, four democrats, and five members who are independent or members of third parties. The Commission must hold at least ten public hearings throughout the state for the purpose of soliciting comments, information and plan proposals before drafting any plan. After drafting a proposed plan, the Commission must then hold at least five more public hearings throughout the state. Underlying data about plans must be publicly available. The votes of seven Commissioners are required to enact any plan. At least two members of each party must vote for a plan for it to be enacted.
If the Commission is unable to enact a plan, then the Commissioners must rank a set of plans. Each Commissioner may submit one plan. The plans are then scored based upon their rank with those ranked last getting a score of 1 and those ranked first receiving a score equal to the total number of plans ranked (a maximum of 13). The plan receiving the highest number of points is enacted as long as the plan is in the top half of the plans scored by two members of the other major political party. If the highest scoring plan is submitted by one of the five unaffiliated members then the plan must be in the top half of those plans ranked by two members of one of the major political party commissioners. If two plans are tied, then the Secretary of State must randomly select one of the plans. If no plan meets the criteria, then the Secretary of State will randomly select one plan from all the proposed plans.
The Michigan Supreme Court has original jurisdiction over all challenges to the enacted plans.
The commission is composed of individuals selected through a complex process overseen by the Secretary of State.
The Secretary of State must continue to recruit members until there are 30 republicans, 30 democrats, and 40 unaffiliated/third-party applicants deemed qualified to serve. Michigan voters and eligible voters are eligible to apply as long as they have not been, in the past six years, a declared candidate for partisan federal, state, or local office; an elected official to partisan federal, state, or local office; 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 or political candidate, of a federal, state, or local political candidate’s campaign, or of a political action committee; an employee of the legislature; and person who is registered as a lobbyist agent with the Michigan Bureau of Elections, or any employee of such person; or an unclassified state employee who is exempt from classification in state civil service pursuant to Article XI, Section 5, except for employees of courts of record, employees of the state institutions of higher education, and persons in the armed forces of the state. Parents, stepparents, children, stepchildren, and spouses of any of the disqualified individuals above may not be commissioners either.
Once a pool of at least 30 republicans, 30 democrats, and 40 unaffiliated/third-party applicants is populated the majority and minority leaders of the Senate, the Speaker of the House, and the minority leader of the House may each strike five applicants.
The Secretary of State must then randomly select four republicans, four democrats, and five unaffiliated/third-party applicants who become the commissioners.
Source: Mich. Const. art. IV, § 6.
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
Governor Bill Signing
If a bill is presented to the governor during session, the governor has 14 days to sign or veto it; otherwise, it becomes law without signature. If the bill is delivered to the governor during the last 14 days of the session, the governor must sign or veto it within 14 days of transmittal; otherwise, it is pocket vetoed. Sundays are not excluded in these calculations. Line-item vetoes are permitted.
Ballot Measure Process
Kinds of Ballot 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 Constitution.
Single-Subject Rule
There is not a single-subject rule.
Initiative Subject Restrictions
Initiatives must be applicable to laws that the Legislature may enact; referendums cannot target bills that incorporated appropriations for state institutions or state funds.
Signature Requirements
The signature requirement for constitutional amendments is 10% of all votes cast for all candidates for governor in the previous gubernatorial election at which a governor was elected, 8% for all other initiatives, and 5% for a veto referendum. 4,250,585 people voted for a candidate for governor in the 2018 General Election in Michigan, so 425,059 signatures are required for constitutional amendments, 340,047 signatures are required for any other initiative, and 212,530 signatures are required for a veto referendum.
Submission Deadlines
Constitutional amendments must be submitted not less than 120 days prior to the general election in which the measure is to be placed on the ballot (July 11, 2022), and 160 days for statutes (June 1, 2022). Referendums must be submitted within 90 days after the end of the legislative session at 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, by a three-fourths vote in both chambers, make changes to or repeal statutes passed by voters. To make a change to or repeal an amendment passed by voters, the Legislature must send an amendment it has passed by a two-thirds majority vote to the ballot. Referendums cannot target acts making appropriations for state institutions and they cannot be meant to meet deficiencies in state funds. Initiatives are permitted on general election ballots, but not on primary, special, or odd-year election ballots.
Source: Mich. Const. art. II, §9; art. 12, §2. Mich. Comp. Laws, § 168.116.XXII (2020). Michigan Initiative and Referendum Petition Instructions
In The News
- 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)