Section 119.13 - Initiatory petition; filing; checking; submission to voters; insufficiency.
THE METROPOLITAN DISTRICT ACT (EXCERPT)
Act 312 of 1929
119.13 Initiatory petition; filing; checking; submission to voters; insufficiency.
Sec. 13.
The initiatory petition herein referred to shall be addressed to and filed with the secretary or clerk of the metropolitan district wherein the territory is located. Such petition shall state what body or organization, if any, or if no body or organization, then what person or persons are primarily interested in and responsible for the circulation of such petition or petitions and the securing of such amendment or amendments. Such petitions shall be verified by the affidavit or affidavits of the person or persons who obtained the signatures and shall be signed by a number of registered electors equal to 5 per centum of the highest vote cast for the highest elective officer whose vote can be ascertained at the last district election. Such verification shall state that the petitions were circulated at the request of and pursuant to the directions of the association, organization, person or persons desiring the said amendment and shall also state that such signatures were obtained by the persons so verifying said petition; that such signatures are the signatures of the persons purporting to sign the same and that each of them signed in his presence and that the person verifying such petition has good reason to believe and verily does believe that the signers obtained thereto are duly qualified and registered electors of such district and are the identical persons their signatures purport to be. Within 15 days from the date of the receipt of any such petition the secretary or clerk shall check over the names on such petition with the registration rolls of the territory affected or in some other proper manner determine whether the petitioners are duly qualified and registered voters of the district whose charter is to be affected by such amendment, and if it shall appear that the number of duly qualified and registered electors signing such petition equals or exceeds 5 per centum of the total vote cast for the highest elective officer whose vote can be ascertained at the last district election and in all other respects conforms to the provisions of this section, he shall certify to such facts and report the same to the legislative body of the district. If he shall find that there are less than the required number he shall report such fact and no further action upon such petitions shall be had. When such petition shall conform to this act, it shall be the duty of the clerk of each city, village and township comprising the district within 60 days of the date of the filing of such petition to call a special election, the same to be held not less than 90 days or more than 100 days after the date of filing such petition unless a primary or regular election shall occur or a special election shall have been called for other purposes to be held within 100 days after the date of the filing of such petitions. In that event, the proposal shall be submitted at such primary, regular or special election and no special election shall be so called. Other proposals, whether initiated by petition as hereinbefore provided, or proposed by the legislative body, within the times respectively within this act provided, may be submitted at such special election. No proposal submitted to the electors by the initiative and receiving an affirmative majority of the votes cast thereon in each city, village and township comprising said district shall be held unconstitutional, invalid or void on account of the insufficiency of the petition by which submission of the same was procured: Provided, That each signer of such initiatory petition shall inscribe upon such petition immediately after his signature the date of signing and his street address.
History: 1929, Act 312, Eff. Aug. 28, 1929 ;-- CL 1929, 2287 ;-- CL 1948, 119.13