ALTHOUGH THE REFERENDUM PROCESS IS NOT AVAILABLE, VOTERS STILL HAVE THE POWER TO DIRECTLY REPEAL MICHIGAN’S EMERGENCY MANAGER LAW
Nick Krieger (@nckrieger):
The city of Detroit, the city of Flint, the city of Hamtramck, the city of Benton Harbor, the Detroit Public Schools, the Highland Park Public Schools, the Muskegon Heights Public Schools, and the list goes on. These municipalities and school districts have all been subjected to state-imposed management under Michigan’s current emergency manager law, the Local Financial Stability and Choice Act, 2012 PA 436 (“Public Act 436”). It is becoming increasingly clear that Public Act 436 must be repealed. But how, exactly, can this be accomplished?
You’ve probably heard it before. It goes something like this: “The voters repealed the former emergency manager law in 2012, but they can’t repeal Public Act 436 because the Legislature ‘referendum-proofed’ it by adding an appropriation.” This statement is only partially true.
But first, a little background: