A three member panel of the Michigan Court of Appeals Tuesday ordered Detroit City Clerk Janice Winfrey to place a proposal to shift City Council representation to a ward system on the Nov. ballot.
On Friday, the Wayne County Circuit Court dismissed a suit brought by Detroiters for Council by Districts. The court ruled the language of the proposed measure was “insufficient,” but Tuesday, the appeals court ruled that the circuit court had made an error and directed the city clerk to place the measure on the ballot.
The Appeals Court ruled on an emergency appeal filed Monday by Detroiters for Council by Districts. That appeal included briefs from the attorney general and the governor supporting the language being placed on the ballot. The three judges who made the ruling are Michael Talbot, presiding judge; Kurtis Wilder and Christopher Murray.
The ruling found that Winfrey overstepped her duties as clerk when she ruled on the clarity of the language. According to the ruling, the clerk had only three responsibilities. Those responsibilities are to canvas the signatures to certify there are enough valid signatures to make the ballot, submit the proposal to the governor and submit the proposal and the 100 word summation of the proposal to appear on the ballot to the attorney general. Those tasks completed, the court ruled, Winfrey was obligated to place the issue on the ballot for a vote.