Opinion
SC 166424 SC 166425COA 363503 COA 363505
05-29-2024
PHILIP M. O'HALLORAN, M.D., BRADEN GIACOBAZZI, ROBERT CUSHMAN, PENNY CRIDER, and KENNETH CRIDER, Plaintiffs-Appellees, v. SECRETARY OF STATE and DIRECTOR OF THE BUREAU OF ELECTIONS, Defendants-Appellants. RICHARD DEVISSER, MICHIGAN REPUBLICAN PARTY, and REPUBLICAN NATIONAL COMMITTEE, Plaintiffs-Appellees, v. SECRETARY OF STATE and DIRECTOR OF THE BUREAU OF ELECTIONS, Defendants-Appellants.
Ct of Claims: 22-000162-MZ, 22-000164-MZ
Elizabeth T. Clement, Chief Justice, Brian K. Zahra, David F. Viviano, Richard H. Bernstein, Megan K. Cavanagh, Elizabeth M. Welch, Kyra H. Bolden, Justices
ORDER
On order of the Court, the application for leave to appeal the October 19, 2023 judgment of the Court of Appeals is considered. We direct the Clerk to schedule oral argument on the application for June 18, 2024 at 9:00 a.m. MCR 7.305(H)(1). The parties may file supplemental briefs by 5:00 p.m. on June 10, 2024, addressing whether: (1) the challenged provisions of the election procedure manual issued by the Secretary of State are consistent with Michigan Election Law, MCL 168.1 et seq.; and (2) even if authorized by statute, the Secretary of State was required to promulgate the challenged provisions as formal rules under the Administrative Procedures Act, MCL 24.201 et seq.
The total time allowed for oral argument shall be 30 minutes: 15 minutes for the plaintiffs, and 15 minutes for the defendants, to be divided at their discretion. MCR 7.314(B)(2).
Amici who appeared at the application stage are invited to file supplemental briefs amicus curiae. Other persons or groups interested in the determination of the issues presented in this case may move the Court for permission to file briefs amicus curiae. Amicus curiae briefs shall be filed by 5:00 p.m. on June 10, 2024.