Order Michigan Supreme Court
Lansing, Michigan
May 8, 2009 Marilyn Kelly,
Chief Justice
137451 & (63)(64)(67)(69)(71) Michael F. Cavanagh
Elizabeth A. Weaver
Maura D. Corrigan
Robert P. Young, Jr.
MICHIGAN EDUCATION ASSOCIATION, Stephen J. Markman
Plaintiff-Appellant, Diane M. Hathaway,
Justices
v SC: 137451
COA: 280792
Ingham CC: 06-001537-AA
SECRETARY OF STATE,
Defendant-Appellee.
_________________________________________/
On order of the Court, the motions to file briefs amicus curiae and the motion for
immediate consideration are GRANTED. The application for leave to appeal the
August 28, 2008 judgment of the Court of Appeals is considered. We direct the Clerk to
schedule oral argument on whether to grant the application or take other peremptory
action. MCR 7.302(G)(1). The parties shall submit supplemental briefs within 56 days
of the date of this order addressing the following issues: (1) whether a school district’s
use of government resources for a payroll deduction plan for contributions made by
members of the plaintiff Michigan Education Association (MEA) to MEA’s political
action committee is either an “expenditure” or a “contribution” under Section 6 of the
Michigan Campaign Finance Act (MCFA), MCL 169.206; (2) whether Section 57(1) of
the MCFA, MCL 169.257(1), prohibits a school district from expending government
resources for such a payroll deduction plan if the costs of the plan are prepaid by the
MEA; and (3) whether a school district has the authority to collect and deliver payroll
deductions for such contributions. The parties should not submit mere restatements of
their application papers.
I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the
foregoing is a true and complete copy of the order entered at the direction of the Court.
May 8, 2009 _________________________________________
p0505 Clerk