Thursday, December 8, 2016

MILegalize files in US Supreme Court over denial of ballot petition in 2016 election

From a press release of the MILegalize office:


The MILegalize United States Supreme Court Petition for a Writ of Certiorari was filed yesterday. It will be in the docketing system in a week or so after standard security delay and processing.  MILegalize will make an official announcement with more details in the next few days after SCOTUS provides a docket number. Attached is an electronic copy of the filing. 

The state has been served with notice. Once a docketing number is issued third parties seeking to file amicus briefs have 20 days to request permission from the parties. MILegalize welcomes amicus briefs from anyone supporting this important battle to protect both petitioning and voting rights and sensible cannabis law reform. The case may set groundbreaking national precedent for both First Amendment rights and cannabis reform as an early test of the Trump administration and a new Supreme Court bench.

The case raises First, Fifth, and Fourteenth Amendment due process and equal protection violations due to the gross injustices perpetrated by the Secretary of State, Board of Canvassers, and Bureau of Elections in refusing to process MILegalize's 354,000 signatures submitted for the 2016 election. The Petition seeks a declaration that both MCL 168.472a, the "rebuttable presumption" law and a 1986 Board of Canvassers policy are unconstitutional for placing undue burdens on the initiative petition process, and asks the Court to remand the case with an order to fairly canvass and qualify MILegalize's petitions for inclusion at the next regular election -- the 2018 gubernatorial race.

In this time of grave threats to the integrity of our democratic republic, MILegalize remains committed to fighting for cannabis reform and for protecting the fundamental rights of all Michiganders-- most importantly herein, our imperiled petition and voting rights, the very essence of government by We the People. The refusal to respect such rights by the State of Michigan requires supervision by the Highest Court in the Land. While the likelihood of the Court granting certiorari on any petition remains low, MILegalize made a commitment to the People of the State of Michigan it will not break-- we will fight as long as it takes for our Freedom. 

We continue to Demand that the Legislature Respect the Will of Michigan voters and enact the MILegalize plan immediately during lame duck, and also repeal all restrictions on the right of the People to petition, most especially PA 142 of 2016. As the likelihood for anything sensible out of this Legislature is slim, MILegalize is also gearing up to launch another petition in spring of 2017, MILegalize2018. Learn more at www.MILegalize.com.

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