Michigan Election Law Blog: Providing Legal Updates in Campaign Finance Law | Foster Swift

Michigan Voters Pass Two Election-Related Constitutional Amendments

Keith T. Brown — Mon, 21 Nov 2022 09:00:01 -0500

In this year’s midterm election, Michigan voters passed three constitutional amendments, two of which make significant changes to the state’s election process, impacting voters, candidates, and office holders. So, what do these amendments do? Let’s examine.

Whitmer Signs Bipartisan Election Bills Ahead of Mid-Terms

Tue, 18 Oct 2022 09:00:02 -0400

With mid-term elections right around the corner, on Friday October 7, Governor Whitmer signed a package of bills which includes a handful of changes to how clerks process ballots, including those coming from our military serving overseas.

Supreme Court Offers Additional Guidance on Sign Restrictions

Laura J. Genovich — Fri, 02 Sep 2022 09:00:03 -0400

Nearly seven years after its landmark ruling in Reed v Town of Gilbert, the U.S. Supreme Court has clarified a question that has split circuits across the country: can a municipality still differentiate between on- and off-premises signs? The court, in City of Austin v Reagan National Advertising of Austin, LLC, has held that such distinction is facially content neutral under the First Amendment and therefore a valid regulation. This overturns past Sixth Circuit (which covers Michigan) precedent.

Michigan Court of Claims Declares “Adopt and Amend” Unconstitutional

Fri, 05 Aug 2022 09:00:04 -0400

On July 19, 2022, in Mothering Justice et al. v. Nessel, the Michigan Court of Claims declared the legislative practice of “adopt and amend” unconstitutional under Article 2, § 9 of the Michigan Constitution.

Political Spam: You Can’t Unsubscribe

Natalie Schmid (Summer Associate) — Thu, 21 Jul 2022 09:00:05 -0400

Anyone with an email address or cell phone is painfully familiar with spam messages, unsolicited e-mails, phone calls, and text messages, clogging our already crowded inboxes and resulting in constant notifications to our phones. While commercial spam tries to entice us to buy something year-round, every two years, voters must also suffer through an uptick of political advertisements during election season. Candidates are increasingly reliant on free mediums (such as email or social media advertising) and low-cost mediums (such as phone calls and text messages) to get their message across to voters and potential donors. As a result, voters are inundated with spam messages they cannot opt-out of or avoid, and Congress is likely powerless to stop it.

The Who, What, When and How of Campaign Finance

Thu, 23 Jun 2022 09:00:06 -0400

Election season is heating up in Michigan and you might be wondering how you can get involved. Besides voting, the easiest way to help out a particular campaign or support an issue is to donate.

Can We Ban That Sign?

Laura J. Genovich — Mon, 14 Mar 2022 09:00:07 -0400

Revisiting Reed v Town of Gilbert & Its Impact on Local Sign Regulations. This blog has been updated with new information since its original publication in June 2021.

As the weather warms up, so does campaign season. This year, Michigan will hold elections for every U.S. House Seat, statewide seats such as Governor, Attorney General, and Secretary of State, state house and state senate seats, and numerous local elections. Already political signs are popping up across the state.

Michigan Supreme Court Dismisses Lawsuit Regarding Newly Drawn Districts

Thu, 10 Feb 2022 09:00:08 -0500

On February 3, in a narrow 4-3 decision, the Michigan Supreme Court dismissed a challenge to the newly drawn legislative districts approved by the Michigan Independent Citizens Redistricting Commission (MICRC) late last year. The lawsuit was brought by the Detroit Caucus and alleged that the districts surrounding Detroit violated the federal Voting Rights Act by disenfranchising Black voters.