Filed Date: March 22, 2022
Closed Date: June 16, 2022
Clearinghouse coding complete
This case challenged the constitutionality of Michigan’s signature-gathering requirements for seeking a voter referendum on proposed zoning ordinances.
On March 1, 2022, a citizen of the Township of Ypsilanti filed a "Notice of Intent to File Petition” to seek referendum of a zoning ordinance, after its publication in the local newspaper. Under Michigan law the petitioner shall have 30 days following publication of the zoning ordinance to file a petition signed by at least 15% of registered electors of a jurisdiction who voted in the last gubernatorial election.
On March 22, 2022, a local ballot question committee filed a lawsuit in the United States District Court for the Eastern District of Michigan against the Secretary of State of Michigan; Ypsilanti Township, and its clerk. Plaintiff claimed the law requiring a petition for referendum of a zoning ordinance include signatures of 15% of the electorate within 30 days was unconstitutional as its near impossibility violated Plaintiff’s right to free political speech and direct democracy as guaranteed by the First and Fourteenth Amendments of the U.S. Constitution. Plaintiff sought declaratory and injunctive relief.
On March 23, Plaintiff moved for a preliminary injunction that would push back the signature submission deadline and prevent the defendants from enforcing the signature requirements. Plaintiff also filed a motion to expedite consideration of the motion, without notice to defendants. The same day, the Court denied injunctive relief without notice to defendants.
The court then held a status conference with counsel on March 30, 2022, to discuss the pending Motion for Preliminary Injunction, where the parties advised the Court that Plaintiff’s Motion for Preliminary Injunction is likely moot because Plaintiff submitted a petition to the township with more than 7,000 signatures. On April 11, Defendants Township and clerk filed a motion to dismiss. The next day, the Court denied Plaintiff’s Motion for Preliminary Injunction without prejudice.
On April 13, the clerk advised Plaintiff that only 2,754 of the 7,895 signatures submitted were valid, and therefore, a referendum would not be placed on the ballot.
On April 18, 2022, Plaintiff filed a renewed Motion for Preliminary Injunction and First Amended Complaint, adding a second cause of action, against the Township and its clerk, for violation of Plaintiff's Substantive Due Process rights to political speech and ballot access for allowing Plaintiff to operate under the false belief that the petition deadline was on a Saturday, and not the following Monday as per statute.
The Secretary of State opposed Plaintiff’s Renewed Motion for Preliminary Injunction, arguing it should not have been named in the lawsuit due to its lack of role in the petition process.
The court, in deciding whether to grant Plaintiff’s preliminary injunction, found that Plaintiff did not establish a likelihood of success on the merits on any claims. On May 19, 2022, the court issued its Memorandum Opinion denying Plaintiff’s Renewed Motion for preliminary injunction on both counts.
On June 16, 2022, Judge Cox entered a stipulated order dismissing the case with prejudice and without costs or fees to any party.
This case is now closed.
Summary Authors
(10/28/2024)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/63179525/parties/ypsilanti-township-citizens-for-responsible-government-v-secretary-of/
Cox, Sean Francis (Michigan)
Grill, Erik A. (Michigan)
Meingast, Heather S. (Michigan)
Shuart, Maxwell Gibson (Michigan)
Stocker, Hannah L (Michigan)
See docket on RECAP: https://www.courtlistener.com/docket/63179525/ypsilanti-township-citizens-for-responsible-government-v-secretary-of/
Last updated Dec. 8, 2025, 4:51 a.m.
State / Territory:
Case Type(s):
Special Collection(s):
Law Firm Antiracism Alliance (LFAA) project
Key Dates
Filing Date: March 22, 2022
Closing Date: June 16, 2022
Case Ongoing: No
Plaintiffs
Plaintiff Description:
Ballot question committee
Plaintiff Type(s):
Non-profit NON-religious organization
Public Interest Lawyer: No
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Ypsilanti Township (Ypsilanti Township, Washtenaw), City
Ypsilanti Township Clerk (Ypsilanti Township), City
Secretary of State of Michigan, State
Defendant Type(s):
Facility Type(s):
Case Details
Causes of Action:
Constitutional Clause(s):
Due Process: Substantive Due Process
Other Dockets:
Eastern District of Michigan 2:22-cv-10614
Available Documents:
Injunctive (or Injunctive-like) Relief
Outcome
Prevailing Party: Defendant
Relief Granted:
Source of Relief:
Form of Settlement:
Content of Injunction:
Amount Defendant Pays: 0
Issues
Voting: