Michigan Election Law Blog

Understanding Legal Foundations

First and foremost, it is essential to understand the legal foundations. Petitioning for signatures is protected by the First Amendment as it involves core political speech. Regulations must respect these rights while ensuring they do not infringe on public order. Public properties are categorized into traditional public forums, designated public forums, and non-public forums. The type of forum determines the level of permissible regulation. Traditional public forums include streets, parks, and public sidewalks that are traditionally open for public discourse. Designated public forums are public properties intentionally opened by the government for expressive activities such as meeting rooms and municipal theaters. In contrast, non-public forums are areas not traditionally open for public discourse, where regulations can be more restrictive such as airport terminals and polling places.

Identifying and Categorizing Areas

To effectively regulate petition circulators, public institutions should identify and categorize areas based on the type of forum. Public sidewalks are typically considered traditional public forums, and regulations here must be content-neutral, narrowly tailored to serve a significant interest, and leave ample alternative communication channels. Interior walkways and entrances may be classified as non-public forums, allowing for more restrictive but reasonable and viewpoint-neutral regulations.

Developing Clear Policies

Developing clear policies is crucial. To do this, government agencies should ensure content-neutral regulations address specific concerns such as obstruction of access, safety, or noise without being overly broad. Additionally, petitioners should be provided alternative locations or methods for gathering signatures to ensure their rights are respected. Engaging stakeholders through public consultation and legal review is also essential. Involve community members and regular patrons in discussions about the proposed regulations to address their concerns and gain their support. Before adoption, however, we advise that legal counsel review such policies to ensure they comply with constitutional requirements and relevant case law.

Practical Checklist for Implementation

A practical checklist for implementation includes:

• Drafting and approving a policy outlining where and how petition circulators can operate,
• Specify areas where petitioning is allowed and areas where it is restricted, and
• Obtain approval from the governing body or board.

Once a policy is approved, communication and training will be critical. Train staff on the new policy and how to enforce it fairly and consistently. Post clear notices about the policy at entrances and other strategic locations. Ensure consistent application of the policy to avoid claims of discrimination and develop procedures for handling violations, including warnings and potential penalties. Finally, monitoring the enforcement of the policy and evaluating its effectiveness should be an ongoing process. Create a system for patrons and petitioners to provide feedback on the policy and periodically review it and its enforcement to ensure it remains effective and legally compliant.

Examples of Managing Petition Circulators

In various public settings, managing petition circulators can present unique challenges. For example, a public library might restrict petitioning to sidewalks adjacent to the property to prevent obstruction of entrances and ensure a conducive environment for patrons. A shopping mall may designate specific areas for petitioning to balance petitioners' rights with the need to maintain unobstructed pathways for shoppers. Similarly, government buildings might regulate petitioning activities to ensure security and unobstructed access for employees and visitors.

Conclusion

Regulating petition circulators requires a nuanced approach that respects constitutional rights while addressing practical concerns. Public entities can effectively manage petitioning activities on their premises by understanding legal principles, developing clear policies, engaging stakeholders, and ensuring consistent enforcement.

For additional guidance or assistance in developing and implementing effective petition circulator regulations, contact a member of Foster Swift’s Municipal & Public Entity Law team.