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,...
Read MorePhone 517.381.0100
High Contrast
We are involved in our communities, our profession, and our clients' associations and activities.
Whether an election is partisan or non-partisan is a function of statutory law . The primary statutory source in Michigan for elections is the Michigan Election Law, MCL 168.1, et seq. This body of law sets forth the provisions that govern local elections, including the nomination and election of candidates for local offices (i.e., township offices). With respect to township offices, MCL 168.345 provides that candidates for township offices are selected at a partisan primary, “at which time the qualified and registered electors of each political party may vote for party candidates for township offices.” The candidate of “each political party to a township office” receiving the greatest number of votes shall be declared “the nominee . . . of that political party.” MCL 168.355. As a result, township elections are inherently partisan.
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.