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    Who are the NERD fund donors Mr Snyder?

    Raise the curtain.

    Election Results Subject To Constitutional Challenge


    By JGillman, Section News
    Posted on Sun Jul 14, 2013 at 01:13:58 PM EST
    Tags: Michigan, Constitution, Bonds, Millages, DIA, Property Owners, Ad Valorem, Taxes, Redistribution (all tags)

    Better check those election results.  - Reposted from GROW.TC

    It seems the state has been overlooking a fundamental restriction already in place when certifying election results for 5+ year millages and Bond requests.  Has there been a validation for electors established to determine if the right to vote on certain issues?

    Typically, those who show up for an election for a millage are unchallenged as to their ability to vote on such issues.  There are no instructions that stipulate the law, as established by the constitution REQUIRES a real stake in such issues printed on the election forms (ballots), and there are no alternate means to prevent abrogation of constitutional statute.  The Michigan Constitution is very clear:

    ARTICLE II
    Elections

    § 6 Voters on tax limit increases or bond issues.

    Sec. 6. Whenever any question is required to be submitted by a political subdivision to the electors for the increase of the ad valorem tax rate limitation imposed by Section 6 of Article IXfor a period of more than five years, or for the issue of bonds,  only electors in, and who have property assessed for any ad valorem taxes in, any part of the district or territory to be affected by the result of such election or electors who are the lawful husbands or wives of such persons shall be entitled to vote thereon. All electors in the district or territory affected may vote on all other questions.

    History: Const. 1963, Art. II, §6, Eff. Jan. 1, 1964.
    Former Constitution: See Const. 1908, Art. III, §4.


    Uh oh.

    A question we should be asking might be: "Is a passed millage request subject to legal challenge based on the inability to verify the legal status of the electors voting on such issues?" In other words, if you don't own property you cannot vote on a bond issue, so is your ballot restricted, or not?

    Stay tuned.

    Update [2013-7-14 13:26:28 by JGillman]: JUST TO CLARIFY SUBDIVISIONS

    § 33 Definitions applicable to sections 25 to 32.

    Sec. 33. Definitions. The definitions of this section shall apply to Section 25 through 32 of Article IX, inclusive. “Total State Revenues” includes all general and special revenues, excluding federal aid, as defined in the budget message of the governor for fiscal year 1978-1979. Total State Revenues shall exclude the amount of any credits based on actual tax liabilities or the imputed tax components of rental payments, but shall include the amount of any credits not related to actual tax liabilities. “Personal Income of Michigan” is the total income received by persons in Michigan from all sources, as defined and officially reported by the United States Department of Commerce or its successor agency. “Local Government” means any political subdivision of the state, including, but not restricted to, school districts, cities, villages, townships, charter townships, counties, charter counties, authorities created by the state, and authorities created by other units of local government. “General Price Level” means the Consumer Price Index for the United States as defined and officially reported by the United States Department of Labor or its successor agency.

    < Camp, WhereTF Were YOU on Obamacare? | Selling Stupid >


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    I had considered (none / 0) (#1)
    by JGillman on Sun Jul 14, 2013 at 01:17:22 PM EST
    that an argument arguing a person's taxes paid into rent grants the right as a 'devil's advocacy' position, however, the
    "All electors in the district or territory affected may vote on all other questions."
    takes that argument away.

    Of course THOSE people are paying rent anyhow.

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