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CITIZENS FOR PROTECTION OF MARRIAGE v. BD. OF CANVASSERS

Docket No. 257542.

688 N.W.2d 538 (2004)

263 Mich. App. 487

CITIZENS FOR PROTECTION OF MARRIAGE, Plaintiff, v. BOARD OF STATE CANVASSERS and Secretary of State, Defendant, and Coalition for a Fair Michigan, Intervenor.

Court of Appeals of Michigan.

Decided September 3, 2004, at 9:00 a.m.

Released for Publication October 28, 2004.

Attorney(s) appearing for the Case

Foster, Swift, Collins & Smith, P.C. (by Eric E. Doster), Lansing, for Citizens for Protection of Marriage.

Michael A. Cox, Attorney General, Thomas L. Casey, Solicitor General, and Gary P. Gordon and Heather Meingast, Assistant Attorneys General, for the Board of State Canvassers and Secretary of State.

Miller, Canfield, Paddock and Stone, P.L.C. (by Michael J. Hodge and Robert A. LeFevre), Lansing, for Coalition for a Fair Michigan.

Before: O'CONNELL, P.J., WHITBECK, C.J., and OWENS, J.

PER CURIAM.

I. Overview

Plaintiff Citizens for Protection of Marriage (CPM) filed a complaint for mandamus seeking an order of this Court compelling the Board of State Canvassers (Board) to declare CPM's petition sufficient and certify the petition for inclusion in the November 2, 2004, general election. We grant mandamus and retain jurisdiction.

II. Basic Facts And Procedural History

On July...

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