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Thursday, November 7, 2024

Second charter amendment set for November ballot following legal clarification

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Amy Shamroe Mayor at City of Traverse | Official website

Amy Shamroe Mayor at City of Traverse | Official website

TC Taxpayers for Justice submitted a sufficient number of petition signatures, which were verified by the City Clerk, to place City Charter Amendments related to TIF on the ballot.

At their July 15, 2024 meeting, the City Commission approved ballot language for a second Charter Amendment to be placed on the November 2024 ballot related to Tax Increment Financing (TIF). Initially, City Attorney Lauren Trible-Laucht advised City Clerk Benjamin Marentette and the City Commission that the second Charter Amendment proposal could not appear on the ballot until the Governor’s review was complete. This advice was given despite a State statute requiring an initiated proposal to appear on a ballot regardless of the Governor’s objection.

The City Clerk and City Attorney held additional discussions and further researched case law on the matter. Both concluded that the second Charter amendment proposal related to Tax Increment Financing should also be placed on the November 2024 ballot, regardless of whether the Governor has completed the required review prior to its submission to the County Clerk.

Litigation was filed against the City seeking to compel it to place the proposal on the November 2024 ballot before completing the Governor’s review. With the City Clerk certifying the ballot proposal for November 2024, this litigation is now moot.

City Attorney Lauren Trible-Laucht stated, “Although charter amendments initiated by petition automatically appear on a ballot due to State statute, the timeline was thought to be delayed due to interpreting required Governor review. We have done our due diligence and pursued reviewing case law that provides a different interpretation, and we are pleased that petitioners’ intent is now met.”

"Ensuring that citizens feel confident in all aspects of voting integrity is paramount. By verifying petition signatures and upholding State statute, we affirm every resident's voice is heard and respected. It's crucial citizens exercise their right to vote and trust their participation truly matters in shaping our community's future,” stated City Clerk Benjamin Marentette.

“Elections and democracy have always been held in high regard in this city under direction of City Clerk Benjamin Marentette. I have complete confidence in both him and our City Attorney interpreting law appropriately. I am pleased this matter was researched further so residents will have opportunity to vote on this proposal,” stated Traverse City Mayor Amy Shamroe.

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