## Facts

- The Michigan Legislature enacted 2000 Public Act 381, revising concealed-pistol licensing and shifting the state toward a “shall-issue” regime.
- The act included an express appropriation of $1,000,000 from the general fund to the Department of State Police.
- The Michigan Constitution reserves a referendum power to the people but excludes “acts making appropriations for state institutions or to meet deficiencies in state funds” from referendum.
- A petition sponsor sought to subject 2000 PA 381 to referendum; the Secretary of State accepted the petition and the Board of State Canvassers declared it sufficient.
- Proponents of the statute and individual permit applicants filed an original action for mandamus, seeking to prevent placement of the referendum on the ballot on the ground that the act was exempt from referendum.

## Issues

1. Whether a statute that includes an express appropriation to the Department of State Police is an “act making appropriations for state institutions” under Mich. Const. art. 2, § 9 and therefore not subject to referendum.
2. Whether election officials may accept, certify, or proceed with a referendum petition challenging such an act.

## Decision

- The Michigan Supreme Court held that 2000 PA 381 is an act “making appropriations for state institutions” and is exempt from referendum under Mich. Const. art. 2, § 9.
- The Court reversed the Court of Appeals.
- The Court vacated the Board of State Canvassers’ declaration that the referendum petition was sufficient.
- The Court directed the Secretary of State and the Board of State Canvassers to treat the act as not subject to referendum, granting mandamus relief in substance.

## Legal Principles

- The constitutional referendum power does not extend to acts making appropriations for state institutions or to meet deficiencies in state funds.
- An express statutory allocation of funds is an “appropriation,” and a state department receiving those funds qualifies as a “state institution” for purposes of the referendum exception.
- When an act facially contains an appropriation for a state institution, the referendum exception applies without an additional inquiry into whether the appropriation is primary, incidental, or included for strategic reasons.
- If a law is constitutionally exempt from referendum, election officials lack authority to proceed with certification steps that would place it before voters.

## Conclusion

Because 2000 PA 381 expressly appropriated funds to the Department of State Police, it fell within the Michigan Constitution’s appropriation exception to the referendum power, requiring election officials to halt the referendum process and preventing the act from being placed on the ballot.


Mich. United Conservation Clubs v. Sec'y of State, 463 Mich. 1009, 630 N.W.2d 297 (Mich. 2001)