Showing 18 posts by Cody A. Mott.
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. Read More ›
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. Read More ›
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. Read More ›
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. Read More ›
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. Read More ›
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. Read More ›
On November 17, the U.S. Court of Appeals for the Sixth Circuit rejected a constitutional challenge brought forward by a bipartisan group of Michigan state legislators arguing that their state’s term limits violate their constitutional rights. Read More ›
Once every ten years, the US Constitution requires a count of all persons residing in the country for the purpose of reapportioning the US House of Representatives. The Census Bureau uses this count to determine how many house seats each state is entitled to. From there, each state draws its own congressional maps using the census data; here in Michigan, we have an independent citizens redistricting commission to draw both congressional districts and state house and senate districts. Read More ›
As the Michigan Legislature continues to explore election reform, one bill has received near unanimous bipartisan support in the House. House Bill 4528 requires political parties, organizations, committees and their members to complete comprehensive training before serving as election challengers. Read More ›
Michigan Election Law (MEL) regulates every aspect of voting, including what happens to a ballot after it is cast. As one Michigan township clerk recently found out, if those rules are not closely followed, clerks and other election officials could be facing misdemeanor charges. Read More ›