Michigan Opportunity v. Board of State Canvassers

Order Michigan Supreme Court Lansing, Michigan September 28, 2018 Stephen J. Markman, Chief Justice 158303 & (29) Brian K. Zahra Bridget M. McCormack David F. Viviano Richard H. Bernstein Kurtis T. Wilder MICHIGAN OPPORTUNITY, Elizabeth T. Clement, Plaintiff-Appellant, Justices v SC: 158303 COA: 344619 BOARD OF STATE CANVASSERS, SECRETARY OF STATE, and SALLY WILLIAMS, in her capacity as Director of Elections, Defendants-Appellees, and MICHIGAN ONE FAIR WAGE, Intervenor-Defendant/ Cross-Plaintiff-Appellee. _________________________________________/ On order of the Court, the motion to expedite is GRANTED. The application for leave to appeal the August 22, 2018 order of the Court of Appeals is considered. In light of the Legislature’s enactment of the Michigan One Fair Wage proposal under Const 1963, art 2, § 9, see 2018 IL 4, we DIRECT the parties to file supplemental briefs, within 28 days of the date of this order, addressing whether the plaintiff’s application for leave to appeal presents a justiciable issue. The parties shall specifically address: (1) whether the plaintiff’s complaint for mandamus is moot, see Gildemeister v Lindsay, 212 Mich 299 (1920); and (2) in any event, whether the plaintiff, as a ballot question committee under the Michigan Campaign Finance Act, MCL 169.201 et seq., has standing to challenge the constitutionality of a law enacted by the Legislature under Const 1963, art 2, § 9. The application for leave to appeal remains pending. I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court. September 28, 2018 t0925 Clerk