SPARTA, Mich. — Sparta Township voters are deciding on a library millage renewal in the August primary election, but an error has left the word "not" out of the ballot language, creating confusion about the proposal.
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The ballot was supposed to read "to not exceed .2375 mill" but instead says "to exceed .2375 mill."
"During the transcription of that, there was a typo where the word 'not' was left out; that is all it was," the township's lawyer said during the meeting.
Township Supervisor Dale Bergman and the board met with residents to discuss the error and its implications.
"As far as our Library renewal, there has been a fair amount of confusion about this," Bergman said.
Township Attorney Michael Homier said the Headlee Amendment prevents the township from levying taxes higher than .2375 mills, even with the missing word.
"It's a renewal millage and so the township, even if they wanted to, could not levy in excess of the .2375 mills," Homier said. "Because it's not authorized by law. You want a legal quagmire? That would be it, violating Headlee and charging more than 0.2375, not to mention the fact that the library board did not approve more than that."
However, Cooley Law School Professor Emeritus and local government consultant Gerald Fisher disagrees, saying the millage could potentially be raised to double digits if the proposal passes as written.
"Well, if it passes, I think they would be approving the total amount feasible under Michigan law for all purposes," Fisher said. "Under the Headlee Amendment, you cannot levy a millage without the approval of the voters, and so if the voters approve this, they'd be approving, you know, in excess of 10 mills probably."
Sparta Village President Robert Whalen, a township taxpayer, expressed concern about the proposal's potential impact.
"They legally have the ability, per the Kent County Election Board, to levy any millage they want," Whalen said.
Bergman said he trusts the township attorney's interpretation and encourages voters to support the millage.
"I'm putting more emphasis on our attorney's opinion than anybody else's. The village president, even when he talked to you before, said that he wasn't an attorney. I'm not an attorney. I'm putting trust in that, and I'm going to encourage everybody to vote yes," Bergman said.
The August primary election is Tuesday, Aug. 4.
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