Скачать или смотреть Understanding the Michigan Supreme Court's ruling on ballot measures| Daily Brew Aug 2, 2024

Welcome to Ballotpedia's Daily Brew, your nonpartisan and unbiased source for political news. It’s August 2, 2024.

Kicking-off today’s briefing with our “Did you know” question of the day!

Did you know?... Maine and Nebraska are the only two states that don't award their Electoral College votes to the presidential candidate who wins the statewide popular vote?

The other 48 award all their presidential electors to the presidential candidate who wins the popular vote in the state (this is known as a winner-take-all allocation).

Maine and Nebraska take a different approach. They award two electors to the candidate who wins the statewide popular vote and the remaining electors to the winner or winners of the popular vote in each U.S. House district.

For the rest of this Daily Brew news brief, we’ll focus on Michigan, where earlier this week the Michigan Supreme Court ruled that it was unconstitutional for the state legislature to adopt-and-amend two 2018 indirect initiated state statutes.

In 2018, campaigns presented two indirect initiatives to the state legislature, the Minimum Wage Increase Initiative and the Paid Sick Leave Initiative. Legislators had 40 days to approve the initiatives, have them proceed to the ballot for voters to decide in November 2018, or offer competing ballot measures to appear alongside the initiatives. On Sept. 5 of that year, the Michigan Legislature approved both initiatives, meaning the initiatives did not go to the ballot for voters to decide.

Two months later, on November 8, 2018, Michigan legislators then introduced bills to amend these same two initiatives.
Michigan One Fair Wage and Michigan Time to Care—the campaigns behind the two initiatives—sued the state. Plaintiffs described the legislative amendments as an adopt-and-amend tactic that violated the Michigan Constitution,

The Michigan Court of Claims ruled against the state in 2022. The state appealed the ruling and in 2023 and the Michigan Court of Appeals reversed the claims court's decision. The campaigns behind the two affected initiatives appealed that ruling to the Michigan Supreme Court, and here we are:

On July 31, 2024, the Michigan Supreme Court ruled 4-3 that legislators adopting a citizen-initiated statute, and then amending the initiative during the same legislative session, is a violation of the Michigan Constitution.
The two ballot initiatives on minimum wage and paid sick leave will now go into effect on Feb. 21, 2025.

The Minimum Wage Increase Initiative increases the state's minimum wage from $10.33 to $12 per hour, plus an adjustment for inflation. It phases out the minimum wage for tipped employees.

The measure also requires overtime compensation of 150% for employees who work in excess of 40 hours during a workweek.

The Paid Sick Leave Initiative will require employers to provide employees with paid sick time. Employees of small businesses, defined as employers with fewer than 10 employees, will accrue at least 40 hours of paid sick time per year. Employees of businesses with 10 or more employees will accrue at least 72 hours of paid sick time per year.

And that’s a wrap!

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