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.

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.

Michigan Supreme Court Dismisses Lawsuit Regarding Newly Drawn Districts

Thu, 10 Feb 2022 09:00:07 -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.

Sixth Circuit Rejects Michigan Lawmakers’ Challenge to State’s Term Limits Law

Wed, 01 Dec 2021 09:00:08 -0500

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.

Confusion Rises Over Census Submission Deadline

Thu, 07 Oct 2021 09:00:09 -0400

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.

Michigan House Bill to Require Training for All Election Challengers

Laura J. Genovich, Navjeet Gill (Law Clerk) — Fri, 09 Jul 2021 09:00:10 -0400

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.

Judge Feeney to Appear on Ballot as Incumbent, with Separate Listing

Laura J. Genovich — Thu, 27 Aug 2020 09:00:11 -0400

Judge Kathleen Feeney, a sitting 17th Circuit Judge (Kent County), recently won her lawsuit to be given the incumbency designation for the upcoming November election. Additionally, she will be listed separately on the ballot. Judge Feeney is seeking reelection to the bench where she has sat since her initial appointment in 2000.

Campaigning during COVID-19: Rules for Absentee Ballots

Laura J. Genovich, Anne M. Seurynck — Sun, 02 Aug 2020 09:00:12 -0400

This year, like every even year, Michigan voters will be asked to elect candidates for federal, state, and local offices. Up for grabs at the federal level are the Presidency, a U.S. Senate seat, and all 14 U.S. House seats. At the state and local levels, Michigan voters will be electing a new state Supreme Court justice, members of the state House and Senate, and local officials like county commissioners, mayors, supervisors, and the like. Unlike previous years, this election will happen during a global pandemic.