State canvassers rescind approval of Invest in My Kids 100‑word summary after questions about amended petition

The Michigan State Board of Canvassers on July 10 rescinded its June 27 approval of the 100‑word summary for the Invest in My Kids petition and directed staff to restart the optional summary‑approval process using a receipt date of July 10, 2025.

The motion to rescind passed on a recorded vote after public commenters and board members raised three central concerns: that the petition sponsor filed amended petitions shortly before the public‑comment deadline, that public comment and the board’s review therefore did not reflect the final petition language, and that the 100‑word summary considered at the June 27 meeting was prepared by a deputy rather than by the acting director of elections.

Attorney Dan Ziegler of Dickinson Wright, speaking for the Coalition to Stop the Business and Family Tax Hike and other commenters, told the board the sponsor filed an amended petition “seven hours before public comment closed” and argued that change “evaded public comment.” He said the summary presented to the board at the June 27 meeting was therefore based on an earlier version of the petition and asked the board to rescind its approval so the public could comment on the correct language.

Eric Doster, attorney for Small Business for Better Michigan, described the sequence of filings and public notices to the board. Doster told the board the petition initially announced on June 10 included the phrase “local public school district classrooms,” but that later submissions removed the word “public.” He said the earlier language had been the basis for public comment and board discussion and called the change “a significant change” that should require restarting the summary‑approval process.

Acting Director of Elections Fricasse presented the Bureau of Elections timeline to the board, saying the bureau posted the original petition for public comment on June 10, received a revised petition on June 16 and a final submission on June 20, and posted the final circulated version online on June 24 as required by election law. Fricasse explained the bureau’s ‘‘as‑to‑form’’ review focuses on filing elements such as format and type size, not the substantive back‑of‑petition language, and said that practice is why bureau staff did not flag the change in substantive text.

Olivia Flower, representing Invest in My Kids, disputed claims of procedural violations. Flower told the board the June 16 filing superseded the earlier petition and that the removal of the word “public” reflected wording consistent with Michigan statutory usage. She said there was “no violation of the Open Meetings Act” and urged the board not to rescind its prior approval.

Board members debated legal and precedent issues, including a Michigan Supreme Court decision cited by a commenter and claims that a deputy rather than the acting director prepared the contested summary. The board first moved into closed session to consider a legal memorandum. After returning to open session, the board voted to rescind its June 27 approval and instructed staff to commence the summary approval process for the Invest in My Kids filing using a receipt date of 07/10/2025.

The rescission motion included explicit direction that staff restart the optional summary‑approval process; the roll call recorded Chair House Campbell, Member Cummings and Member Cortez voting in favor.

The board’s action does not certify or change the substance of any petition. The order restarts the procedural, optional approval‑as‑to‑form and summary process so that the final circulated petition language will be the subject of public comment and an acting director’s summary for the board’s consideration.

Background and next steps: under the bureau’s practice for optional approval as to form, sponsors may submit a petition for a draft 100‑word summary and receive public comment before the board considers the summary. The board’s action directs staff to treat the July 10 receipt date as the operative filing for the purpose of soliciting public comment and drafting a new 100‑word summary for board review and possible approval at a future meeting.