What If Both Pass?

Both HJR H and Cut and Cap are constitutional amendments on the November 1992 ballot, and it is conceivable that both could pass. In such a case, the governing provision of the Michigan Constitution would be Article XII, section 2, which states:

If two or more amendments approved by the electors at the same election conflict, that amendment receiving the highest affirmative vote shall prevail.

Since both proposals amend Article IX, section 3 of the Constitution, HJR H and Cut and Cap would clearly "conflict." Thus, the one with the highest number of affirmative votes would prevail.

Although HJR H also amends Article IX, Section 31, the Michigan Supreme Court has previously interpreted Article XII, Section 2 to rule out piecemeal incorporation of two proposals that conflict in some areas but not others.[43] Thus, whichever proposal passes with the most affirmative votes will prevail in its entirety.