State canvassers rescind 100‑word approval for Invest in My Kids after lawyers allege petition was changed

The Michigan State Board of Canvassers on July 10 voted to rescind its June 27 approval of the Invest in My Kids 100‑word summary after public commenters and attorneys said the petition sponsor filed a different, substantive version after the official public‑comment period had closed.

Dan Ziegler of Dickinson Wright, speaking for a coalition opposing the petition, told the board the sponsor filed an amended petition seven hours before public comment closed and that the Bureau of Elections and the Acting Director of Elections relied on an earlier version when preparing the summary. "They thus evaded public comment," Ziegler said, and he argued the board’s approval was based on the wrong petition. He also asserted the prior meeting raised an Open Meetings Act issue and cited MCL references as grounds for rescission.

Eric Doster of Small Business for Better Michigan provided a detailed timeline of submissions and argued that when a petition is withdrawn the process stops, so submitting a new petition afterward required fresh public notice and review. "If this board does not do everything in its power to correct this situation, is this the precedent the board wants going forward?" Doster said.

Acting Director of Elections (Bureau staff) walked the board through the agency timeline, saying an initial petition containing the word "public" was placed on public comment June 10, then revised petitions were submitted June 16 and June 20 that omitted that word and were not part of the earlier public comment. He emphasized the Bureau reviews form elements (size, font, mandatory fields) and does not and cannot substitute or edit substantive petition text, which is why the change was not flagged earlier.

Olivia Flower, representing Invest in My Kids, said the sponsor's timeline differed slightly but denied any violation of the Open Meetings Act or filing procedures. "To the extent there's any harm begotten by that submittal process, it's non‑existent," Flower said, adding that the term "local school district" is the operative phrase in Michigan law.

After discussion, the board’s motion—moved and seconded from the dais—to rescind the prior 100‑word approval and direct staff to commence the summary‑approval process using July 10, 2025 as the receipt date passed on a roll call vote reported as three yeas, zero nays. The Chair then removed the Invest in My Kids item from the rest of the day's agenda.

The board's action was procedural: it rescinded the previous optional approval to allow further public comment and staff review. The Acting Director will prepare the administrative timeline and next steps, and staff will restart the summary‑approval process as directed.

What happens next: Staff will treat July 10, 2025 as the receipt date for summary work and solicit any required public comment under the established procedures. No determination on the substance of the petition was made by the board in this vote.