Rep. Lower: Nessel, Benson can’t pick and choose which laws to enforce

State Rep. Jim Lower today announced the Michigan House and Senate have filed two lawsuits against Secretary of State Jocelyn Benson for refusing to follow the 2018 petition initiate law that the attorney general erroneously declared to be unconstitutional.

Lower praised the decision by House Speaker Lee Chatfield and Senate Majority Leader Mike Shirkey to seek judicial clarification and enforcement of current law, saying he wholeheartedly disagrees with Attorney General Dana Nessel’s predetermined interpretation of the law.

“Nothing about this law is unconstitutional,” said Lower, of Greenville. “The attorney general and secretary of state are grasping at straws in an attempt to circumvent the requirements of a duly enacted law. They don’t get to pick and choose which laws to enforce based on personal preference. Their role is to follow and enforce the laws that are on the books.”

Lower said he sponsored the plan, which later became Public Act 608 of 2018, to improve the integrity of Michigan’s petition initiative process, increase transparency and ensure widespread input from people throughout the state.

“In the past, out-of-state special interests have come into Michigan and unfairly influenced our elections process,” Lower said. “Our solution ensures that all Michigan voters – from Marquette to Grand Rapids to Detroit, and everywhere in between – are given a voice in the petition initiative process.”

Protections laid out in PA 608 of 2018 include:

• Requiring that not more than 15 percent of certified signatures come from any one congressional district.
• Requiring initiative campaigns to provide a short summary at the top of their petitions.
• Requiring circulators to prominently display their paid or volunteer status.
• Making absolutely clear that if a petition circulator deceives people or provides fraudulent information, the signatures they collect must be invalidated.

“The Michigan Constitution gives the Legislature the authority to enact voting laws and ensure the integrity of the democratic process,” Lower said. “The court should reject the attorney general’s opinion and instruct the secretary of state to do her duty by enforcing the law.”

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