Up North Progressive

Are You Ready For Some Good News? The Committee to Ban Fracking, the intrepid organization from Charlevoix, Michigan, won their lawsuit in the Michigan Court of Appeals on April 2, 2020. The years-long battle to give the citizens of Michigan the right to decide if they want fracking to continue to Michigan now goes to the Secretary of State. If all goes the way it should, the people of Michigan will have the opportunity to bran fracking in the state.

On November 5, 2018, the committee brought 270,962 signatures to the State of Michigan Bureau of Elections. Enough valid signatures would put the ballot proposal on the 2020 ballot. The Director of Elections refused to take the 47 boxes of petitions. The Committee to Ban Fracking sued the Director of Elections and the Secretary of State in the Michigan Court of Appeals. The court refused to take any action on the suit.

The Director of Elections tried to illegally change their mind on an earlier court ruling in 2016 when the court told the Committee to Ban Fracking when they collected enough additional signatures they could file their petitions. Two years later, the Director of Elections attempted to block that filing.

On Thursday, April 2, 2020, the Court of Appeals decided for the plaintiffs. They did everything required and the Board of Canvassers must treat the filing as if successfully filed on November 5, 2018. That means the ballot proposal was filed in time for the 2020 election.

“In sum, plaintiffs submitted an initiative petition that was facially compliant with all statutory requirements. The Secretary was required to pass it on to the Board for the Board to determine the validity of the petition and canvass the signatures. If the Board rejects the petition, plaintiff may seek review before the Supreme Court. See MCL 168.479.”

What happens next is the Board of Canvassers will certify that the committee gathered enough valid signatures within the 180-day window (they did). The State Legislature then has 40 days to enact the proposal. If they do nothing, it goes to the 2020 general election ballot.

Congratulations and thank you to the Committee to Ban Fracking. All of your hard work will give the people of Michigan the opportunity to let their voices be heard.