What happens if a bond approval is found to be nullified - AFTER the money is spent?
Michigan has a problem enforcing its constitution.
The old “taxation without representation” line has never been more relevant than when election time comes and voters are asked to approve a bond approval. What is a problem, is that many voters for some ballot asks are not even eligible to engage in the process.
Surprise.
In the election law section of the Michigan Constitution, without any further qualification, it addresses who is entitled to vote on bonds or ad valorem increases that extend beyond 5 years.
Sec. 6. Whenever any question is required to be submitted by a political subdivision to the electors for the increase of the ad valorem tax rate limitation imposed by Section 6 of Article IX for a period of more than five years, or for the issue of bonds, only electors in, and who have property assessed for any ad valorem taxes in, any part of the district or territory to be affected by the result of such election or electors who are the lawful husbands or wives of such persons shall be entitled to vote thereon. All electors in the district or territory affected may vote on all other questions.
Emboldened part particularly pertinent.
Having looked at this in years past, I had an attorney do a bit of research, and it seems the application of our state law was subverted by a 1969 ruling, though not properly annotated to reflect it. There is no subtext, or footnote
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