I’ve spent 30 years testifying about numbers that decide outcomes, and juries always want a number they can trust. The number that just decided whether 709,841 Michigan voters get a say on their own state constitution never cleared that bar, and last week two courts confirmed it doesn’t matter this year.

On Aug. 24, the Michigan Board of State Canvassers pulled a random sample of 1,000 signatures from a citizen-led petition and found 626 valid. It needed 629. Three signatures out of a thousand decided the fate of a statewide ballot question backed by more people than live in Grand Rapids. The board split along party lines, two Republicans voting to certify and two Democrats voting no, and did nothing. Under Michigan law, nothing is a decision. The petition, which would require proof of citizenship to register and photo ID to vote, is now off the Nov. 3 ballot.