The decision may be heading to court, but for now, Michigan says the group’s affidavit doesn’t prove that those who signed it were registered to vote at the time.

LANSING, Mich. — The state’s elections bureau says a ballot drive to legalize Michigan marijuana for recreational use is at least 106,000 signatures short to qualify for a statewide vote in November.

The Michigan Comprehensive Cannabis Law Reform Committee says 137,000 of its signatures are still valid despite being older than 180 days. But secretary of state staffers issued a report Tuesday saying the group’s affidavit doesn’t prove that those who signed it were registered to vote at the time.

The Board of State Canvassers will meet Thursday to consider the issue, which ultimately may be decided by the courts.

A group gathering signatures to prohibit the drilling process known as fracking has sued, saying the 180-day time limit is unconstitutional. Legislation on Gov. Rick Snyder’s desk would set a firm 180-day window.