Michigan Advisory Opinions August 15, 1979: AGO 5543 (August 15, 1979)

AGO 5543.

You have requested my opinion on a question which may be phrased as follows:

In determining the requisite number of signatures of registered electors on an annexation referendum petition, must the State Boundary Commission consider the signatures of electors whose registrations have been placed in the inactive voter file?

Where the State Boundary Commission approves annexation of township territory in which more than one hundred persons reside, the home rule cities act, 1909 PA 279, Sec. 9(5), as amended, MCLA 117.9(5); MSA 5.2088(5), provides that the Commission's order becomes final 30 days after the date of the order unless, within that 30-day period, a referendum petition is filed with the Commission containing the signatures of at least twenty-five percent (25%) 'of the registered electors residing in the portion of the territory approved for annexation, in the annexing city, or in the balance of the township.' The State Boundary Commission is empowered to verify the validity of the referendum petition, including determination of sufficient signatures of electors, prior to ordering an election on the annexation question.

The Michigan election law, 1954 PA 116, Sec. 502a, as last amended by 1975 PA 28, MCLA 168.502a; MSA 6.1502(1), addresses the status of active and inactive registered electors. 1954 PA 116, Sec. 502a(1), supra, provides that a registered elector who has not voted, continued or reinstated his or her registration or recorded a change of registered address within a period of four years shall be placed in the inactive voter file. 1954 PA 116, Sec. 502a, supra, further provides:

'(1) . . . The right to vote of an elector whose registration has been placed in the inactive voter file shall not on that account be impaired. The purpose of the placement is administrative, as provided in this section.

'(2) If an elector whose registration is placed in the inactive voter file votes, applies to return his registration to the active voter file, or records a change of address, the registration shall be returned to the active voter file. Otherwise the registration shall remain in the inactive voter file for 6 years. . . .'

Thereafter, such registration may be permanently removed from the inactive voter file as provided by law.

1954 PA 116, Sec. 502a, supra, guarantees to electors the right to vote where the elector's registration has been placed in the inactive voter file, for a period of six (6) years. 1954 PA 116, Sec. 502a(3), supra, prohibits the counting of inactive voter registrations in determining precinct size or in making statistical reports but there is no provision disqualifying the petition signature of an elector whose registration has been administratively placed in the inactive voter file.

The right to vote is a fundamental constitutional right; and any statute impinging on the right to vote, which encompasses signing a petition, must be precise in its regulation. Thus, a statute which would require removal of the name of an elector from the registration rolls for failure to vote within a two-year period would offend the Constitution. Michigan State UAW Community Action Program Council v Secretary of State, 387 Mich 506, 517; 198 NW2d 385 (1972). 1954 PA 116, Sec. 502a, supra, nowhere discloses the intent of the Legislature to prohibit the signing of petitions by electors whose registration has been placed on the inactive voter list.

Therefore, it is my opinion that the State Boundary Commission, in passing upon the validity of an annexation referendum petition submitted pursuant to 1909 PA 279, Sec. 9(5), supra, must consider the signature of electors whose registrations have been placed in the inactive voter file in determining whether sufficient signatures were filed.

Frank J. Kelley

Attorney General