Warning! You may be breaking the law

As many of you are probably aware, Governor Snyder signed SB 571 into law yesterday. This occurred despite SEMCOG’s request that the bill be vetoed. This new law places severe restrictions on dissemination of information on ballot questions by local governments.

When signing the bill, the Governor stated that it was flawed legislation that needed to be revised. He urged the legislature to amend the new law. He was concerned that it could be interpreted to restrict the right of free speech. As of the stroke of midnight, we are 60 days out from the Michigan Presidential Primary election. Many communities are now subject to the provisions of this flawed law.

Any community that has placed an issue on the March ballot is now prohibited from using any public funds to inform voters of the content of that ballot question; for example, this would include any newsletters describing the ballot question in any form. It would also include any information being disseminated on a local public access channel.

Public officials will need to use the same standards they have used in the past regarding when and how they might show support of a proposal and now use those same standards when discussing a ballot proposal in any way, even if they are not talking about supporting or opposing the ballot proposal.

Obviously, the scope of the law is unclear. Unfortunately, all local governments with a ballot question on the horizon must deal with this very uncertain situation…beginning right now.