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Judge Clinton Cannady III of Ingham County ( courtesy photo , April 2, 2012)

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Is Mich legislation on hold for year?

Judge issues temporary restraining order

Updated: Monday, 02 Apr 2012, 6:20 PM EDT
Published : Monday, 02 Apr 2012, 5:39 PM EDT

GRAND RAPIDS, Mich. (WOOD) - A circuit court judge issued a temporary restraining order Monday that could mean any legislation passed by the Michigan House might not be implemented until this time next year.

Judge Clinton Canady III of Ingham County issued the order based on a lawsuit filed by the Democrats. They argue by not allowing roll call votes on so-called "Immediate Effect" actions, Republicans are violating the state constitution.

The rules stipulate after a bill has passed by a simple majority, it can only go into effect immediately if two-thirds of the members -- 74 members -- vote in favor.

Republicans don't have 74 members. It's not likely Democrats would go along on some of the more controversial bills.

So, the practice of both Republicans and Democrats over time has been for the presiding officer to ask for members to rise and gavels "immediate effect."

The practical impact of this ruling is unclear. The legislature is on a two-week break and Republicans will appeal.

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