Lawmakers Break the Law


Emergency Manager Laws – Not in Effect




Governor Snyder signed into law four public acts on March 16, 2011;


Public Acts 4, 5, 6 and 7 of 2011 all deal with the new emergency manager law under the innocent sounding title of “local government and school district fiscal accountability act”.


All acts were stated in the record as filed with the Secretary of State as having immediate effect.

Immediate effect as stated in the Michigan Constitution, Art. IV, § 28, Dictates the effective dates of all new laws. No act shall take effect until 90 days have passed from the end of the session in which the act was approved. New laws can be effective immediately if they are passed with a two thirds majority in both the House of Representatives and the Senate.


Republicans lack a two thirds majority in the House of Representatives. These bills passed strictly on the party line votes. Republicans have 63 seats of the 110 seats available. A two thirds vote equals 73 votes. None of these acts passed with more than 62 votes.


Therefore these laws are not in effect.


Those persons at the state level including the Governor, the state legislative body and the emergency managers are violating the law. They seek and use powers that were not legally obtained. All actions with these powers are illegal. All results from the use of these powers are also illegal and must be immediately reversed. The law enforcement agencies in Wayne County, Berrien County and the State Attorney General’s office must intervene and restore public order, uphold the Constitution and fulfill their oath of office.


Furthermore as these acts state that they were passed with immediate effect and have been published with this language, the Michigan Secretary of State should be investigated by an impartial legal authority to determine why that office would be complicit in publishing language that is not accurate. How can it be known if other laws and publications with this office are correct? If the Secretary of State fails to ensure that documents published by that office are official then there can be no confidence in the office holder who has taken an oath to perform the duties of the office.



Contact Person Theo Broughton


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