In fact, the vote was 6-1 against the governor's position.  MB Kelly found actual compliance with the statutory requirements (and thus joined the D's who otherwise believed the referendum should be on the ballot in ordering that it go on the ballot); Young and Zahra thought that there were open fact questions and would have remanded for more evidence to answer them.  Only Markman would have kept the referendum off the ballot entirely as failing to comply with the statute.