Reps. Moolenaar, Kahn, Walker, Shaffer, Acciavatti, Ward, Garfield, Pastor, Amos, Casperson, Steil, Kolb, Alma Smith, Stahl, Vander Veen, Jones, Accavitti, Adamini, Anderson, Ball, Brandenburg, Brown, Byrum, Caul, Clack, Gleason, Gonzales, Gosselin, Kooiman, LaJoy, Kathleen Law, Lemmons, III, Lemmons, Jr., Marleau, Meyer, Miller, Mortimer, Pavlov, Polidori, Rocca, Sak, Sheltrown, Spade, Taub and Tobocman offered the following resolution:
House Resolution No. 55.
A resolution to clarify the interests of the House of Representatives in the matter before the Michigan Supreme Court concerning the constitutionality of Section 523 of Public Act 71 of 2005.
Whereas, To safeguard the integrity of the elections process, the Michigan Legislature passed and the Governor signed 2005 PA 71. Section 523, among other things, required voters to produce picture identification or sign an affidavit attesting to their identity before voting; and
Whereas, The Michigan House of Representatives adopted House Resolution 199 on February 22, 2006, requesting the Michigan Supreme Court to issue an opinion pursuant to Article III, Section 8 of the Michigan Constitution regarding the constitutionality of Section 523 of 2005 PA 71 under Michigan and federal law. On April 26, 2006, the Michigan Supreme Court issued an order granting the House's request for an opinion pursuant to Article III, Section 8 of the Michigan Constitution concerning the photo identification requirements of 2005 PA 71; and
Whereas, On July 19, 2006, the Speaker of the House of Representatives caused a brief to be filed on behalf of the House of Representatives defending the constitutionality of 2005 PA 71, and requesting oral argument before the Court; and
Whereas, Issues have now been raised in other filings before the Michigan Supreme Court concerning the authority of the Speaker to act on behalf of the House of Representatives; now, therefore, be it
Resolved by the House of Representatives, That the actions of the Speaker before the Michigan Supreme Court in connection with 2005 PA 71 are hereby affirmed by the House of Representatives; and be it further
Resolved, That the Speaker is authorized to continue to represent the position and interests of the House of Representatives before the Michigan Supreme Court in connection with 2005 PA 71.