Michigan Senate Bill 571 (2015)
| Michigan Senate Bill 571 | |
 | |
| Legislature: | Michigan State Legislature |
| Text: | SB 571 |
| Sponsor(s): | Sen. Mike Kowall (R-15) |
| Legislative history | |
| Introduced: | October 20, 2015 |
| State house: | December 16, 2015 |
| State senate: | November 4, 2015 |
| Governor: | Gov. Rick Snyder (R) |
| Signed: | December 31, 2015 |
| Legal environment | |
| State law: | Ballot measures |
| Code: | Michigan Compiled Laws |
| Section: | 169 |
Michigan Senate Bill 571, which, among other provisions, prohibited local public officials from communicating to voters about local ballot issues within 60 days of an election, was sponsored by Sen. Mike Kowall (R-15) and introduced on October 20, 2015. It was approved in the Michigan State Senate on November 4, 2015, in a vote of 25-12. In the Michigan House of Representatives, the bill was approved on December 16, 2015, in a vote of 58-48. The votes on the bill occurred largely across party lines; in both the House and the Senate roll calls, all the Democratic members voted "no," and all but two of the Republican members voted "yes." Gov. Rick Snyder (R) signed the bill into law on December 31, 2015. A lawsuit was filed against the state seeking an injunction against SB 571. A preliminary ruling prohibited the enforcement of the bill.[1]
Aftermath
Lawsuit
Ultimately, a group of 18 local elected officials filed a lawsuit against SB 571. The lawsuit claimed that SB 571 violated the First Amendment "because it prohibits the free flow of objectively neutral, core political speech." The plaintiffs' argument also claims that the law violates the 14th Amendment because the bill's "overly broad and vague language subjects public officials to criminal prosecution for engaging in protected speech without adequate notice or guidance about what conduct amounts to a crime, further chilling free speech." On February 5, 2016, U.S. District Judge John Corbett O’Meara gave a preliminary ruling in the case, providing an injunction against the enforcement of SB 571 and saying the bill was vague and violated free speech rights.[2][3]
Gideon D’Assandro, spokesman for Speaker of the House Kevin Cotter (R-99), called the lawsuit absurd and said, "The administrators still have all of their First Amendment rights. They just can’t take money out of the classroom or out of the township treasury to buy a campaign ad. They are still allowed to voice their free speech opinion on their own time with their own money.”[2]
In the 2016 legislative session, several bills were proposed to modify and clarify SB 571 in an effort to mitigate some of the concerns expressed by opponents.[2]
Provisions
SB 571 contained many provisions related to campaign finance restrictions, political action committees, candidate committees and the involvement of public offices in ballot measure discussions and campaigns. The full text of the bill can be accessed here.[1][4]
One of the most notable provisions in the bill prohibited any public office or official from communicating about a local ballot question to electors qualified to cast ballots on that question within 60 days of the relevant election. The law was designed to provide exceptions for election officials acting according to state law.[4]
The section of the law in question is below:[5]
| “ |
Except for an election official in the performance of his or her duties under the Michigan election law, 1954 PA 116, MCL 168.1 to 168.992, a public body, or a person acting for a public body, shall not, during the period 60 days before an election in which a local ballot question appears on a ballot, use public funds or resources for a communication by means of radio, television, mass mailing, or prerecorded telephone message if that communication references a local ballot question and is targeted to the relevant electorate where the local ballot question appears on the ballot.[6] |
” |
The law prescribes penalties for the violation of this and other provisions in the bill. These penalties included:
- a fine of $1,000, and up to a year in jail for individuals; and
- a fine of up to $20,000 or equal to the amount of the “improper contribution or expenditure”, whichever is greater, for organizations, offices or corporations.[5]
Supporters and sponsors
Gov. Rick Snyder (R) signed the bill but urged the legislature to pass another law in 2016 addressing the concerns of certain city and school district officials and clarifying "that it is intended only to prohibit the use of targeted, advertisement style mass communications that are reasonably interpreted as an attempt to influence the electorate using taxpayer dollars.” Snyder also wrote, “As I interpret this language, it is intended to prohibit communications that are plain attempts to influence voters without using words like ‘vote for’ or ‘support.' Policymaking officials still can express their own views; a public body can use its facilities to host debates or town halls on ballot questions; and local officials can express their own personal views on their own personal time.”[4]
Opposition
Some local government and school district officials expressed concerns that the bill would restrict the rights to free speech of many public servants and criticized Governor Snyder for not vetoing the law. They also argued that the bill could make it illegal for public information channels to televise public forums that included discussions about local ballot measures. In general, opponents argued that the bill was badly written and would inhibit the ability of public officials to educate voters about ballot issues, preventing a well-informed electorate.[4]
The Michigan Municipal League and the Michigan Association of School Administrators opposed SB 571.[4]
Dan Danosky, the Livingston Educational Service Agency superintendent, was one of the local school officials that opposed this bill. Danosky said, “This is ... worrisome to us in this profession (public education) and will absolutely affect us because it is vital for us to publicize (that close to an election). Had we not been able to talk about, publicize or campaign about our recent Headlee rollback millage, it would not have passed.”[7]
Background
Prior to the enactment of SB 571, Michigan law prohibited the expenditure in any way of public funds to support or oppose local ballot measures. SB 571 was meant to tighten and specify the restrictions on the involvement of public offices in ballot issue debates.[4]
See also
Footnotes
- ↑ 1.0 1.1 Open States, "Michigan Senate Bill 571 (2015)," accessed January 8, 2015
- ↑ 2.0 2.1 2.2 Detroit Free Press, "Group sues over new limits on promoting ballot issues," January 27, 2016
- ↑ Fox 17, "Judge issues temporary freeze on ‘gag order’ election law," February 6, 2016
- ↑ 4.0 4.1 4.2 4.3 4.4 4.5 Route Fifty, "Michigan Governor Signs Controversial Local Government Bill," January 6, 2015
- ↑ 5.0 5.1 Michigan State Legislature, "Michigan Senate Bill 571," accessed January 8, 2016
- ↑ Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ Livingston Daily, "School officials upset over elections law," January 9, 2016
