Is a local ordinance valid if it...
A local ordinance is invalid if it actually conflicts with state law. A conflict exists when the ordinance permits what state law forbids,...
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Earlier today, United States District Judge John Corbett O’Meara issued an order temporarily enjoining the State from enforcing § 57(3) of the Michigan Campaign Finance Act, MCL 169.257(3). This was the recent law that prevented townships and other public bodies from communicating regarding local ballot questions during the period 60 days before an election.
The Court’s order enjoins enforcement of that new law pending further order of the Court. The Court also clarified that: “The provision of the statute that prohibits the use of public funds to advocate for ballot measures remains in effect.”
Since the March election is fast approaching, this guidance should be helpful to all Township officials.
Click here to read the Order.
A local ordinance is invalid if it actually conflicts with state law. A conflict exists when the ordinance permits what state law forbids,...
Read MoreThe First Amendment limits how Michigan municipalities and townships may regulate private speech, but it does not limit their own speech. Th...
Read MoreIn the private sector, the First Amendment does not apply. However, in the public sector, employees have First Amendment rights that may pro...
Read MoreAt Fahey Schultz Burzych Rhodes PLC, we’ve been helping municipalities, franchised businesses, employers, and more with their legal needs since 2008. We’d love to learn how we can help you, too.