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Jane Ellen Gillis Plaintiff-Appellant V

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eBook details

  • Title: Jane Ellen Gillis Plaintiff-Appellant V
  • Author : Supreme Court of Michigan
  • Release Date : January 05, 1996
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 60 KB

Description

On order of the Court, the motions for immediate consideration and for leave to appear as amicus curiae are considered, and they are GRANTED. The application for leave to appeal is also considered and, pursuant to MCR 7.302(F)(1), in lieu of granting leave to appeal, we VACATE the decision of the Board of State Canvassers and REMAND this case for an expedited determination whether the plaintiff filed the required number of valid signatures. The duties described in MCL 168.552(7)-(9); MSA 6.1552(7)-(9) do not include a non-quantitative determination of the sort made by the Board. Absent legislative clarification, we are persuaded that the Board's authority is ""to ascertain if the petitions have been signed by the requisite number of qualified and registered electors"", so that it may make ""an official declaration of the sufficiency or insufficiency of a nomination petition"" on that numerical basis. MCL 168.552(7), (9); MSA 6.1552(7), (9). Weaver, J., states as follows:


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