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

An Election Day Guide to Essential Polling Etiquette

Courtney Gabbara Agrusa — Thu, 22 Aug 2024 09:00:01 -0400

With a whirlwind to this year's election cycle already, the 2024 election is shaping up to be one of the most closely monitored in decades.

What Can My Business Contribute to a Campaign?

Mallory E. Reader — Wed, 21 Aug 2024 09:00:02 -0400

Entering the final stretch of an election year, it is important for business owners to know what is legal and what isn't when it comes to campaign contributions.

A Guide to Regulating Petition Circulators: Best Practices and Key Considerations

Courtney Gabbara Agrusa, Badri Yono (Summer Associate) — Thu, 11 Jul 2024 09:00:03 -0400

Petition circulators play a crucial role in democratic processes, but managing their activities can be challenging for public entities. Balancing petitioners' rights with the need to maintain public order and access to facilities requires a clear understanding of legal principles and practical considerations. This guide provides an overview of best practices and key considerations for effectively regulating petition circulators in various public settings.

Supreme Court Rules that Elections Must Abide by State Laws

Mallory E. Reader — Wed, 20 Sep 2023 09:00:04 -0400

The United States Supreme Court recently ruled that state legislatures must abide by the election laws of their respective states.^[1]

Michigan Voters Pass Two Election-Related Constitutional Amendments

Keith T. Brown — Mon, 21 Nov 2022 09:00:05 -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 09:00:06 -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 09:00:07 -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 09:00:08 -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 09:00:09 -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 09:00:10 -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.