(dissenting).
I agree with the majority’s conclusion that electors cannot, after voting to incorporate a township as a charter township, limit that charter township board’s taxing authority to less than five mills, the amount authorized by the charter township act. By approving the proposal to incorporate Scio as a charter township, the voters also approved the adoption of the five-mill limit on the township board’s taxing authority. Therefore, the second proposal to limit the board’s taxing authority to 1.16 mills was null.
*392I dissent because the majority goes on to void the election with regard to both proposals. The record does not support the relief which the majority has granted. I would uphold the election with regard to the first proposal in the absence of evidence that the voters were misled by the second proposal. Although a nexus between the proposals is arguably apparent, the majority should have fashioned a remedy based on the facts reflected in the record, not on a presumption regarding what the voters probably thought when they were voting.
The record also does not reveal whether the Scio Township Board has levied a higher millage than the former 1.16 mill limit. If the township board does raise taxes, then plaintiffs’ remedy is political. They can vote for different board members in the next election.
Finally, the record does not disclose what action Scio has taken as a charter township. I question the appropriateness of the majority’s decision because of its possible repercussions. By voiding the election which made Scio a charter township, the majority has also voided the actions which Scio might have taken as a charter township.
I would hold that the election is valid with regard to the first proposal and void with regard to the second.