The following opinion is presented on-line for informational use only and does not replace the official version. (Mich Dept of Attorney General Web Site - www.ag.state.mi.us)


STATE OF MICHIGAN

FRANK J. KELLEY, ATTORNEY GENERAL

Opinion No. 5194

May 24, 1977

ELECTIONS:

Banning dissemination of campaign literature.

MUNICIPALITIES:

Banning dissemination of campaign literature.

CONSTITUTION OF MICHIGAN:

Art 2, Sec. 4

A local unit of government may not ban or regulate the distribution of campaign literature on election day, such authority being vested exclusively in the state legislature by Const 1963, art 2, Sec. 4.

The Honorable Harold J. Scott

State Representative

The Capitol

P. O. Box 119

Lansing, Michigan 48901

Dear Representative Scott:

I am in receipt of your letter wherein you request answers to the following questions:

'Can a local unit of Government pass an ordinance banning the dissemination of campaign literature at the polls entirely?

or

'Can a local unit of Government pass an ordinance stating the dissemination of campaign literature be moved further away than the allowed 100 feet from the polls?'

Your questions may be answered by reference to Const 1963, art 2, Sec. 4, which provides in pertinent part as follows:

'The legislature shall enact laws to regulate the time, place and manner of all nominations and elections, except as otherwise provided in this constitution or in the constitution and laws of the United States. The legislature shall enact laws to preserve the purity of elections, to preserve the secrecy of the ballot, to guard against abuses of the elective franchise, and to provide for a system of voter registration and absentee voting. . . .'

Thus, pursuant to the preceding broad mandate, Schell v Waterford Township, 381 Mich 123, 128; 159 NW2d 833, 835 (1968), it is within the exclusive province of the legislature to laws providing for the registration of voters, and the time, place, and manner of conducting elections. Andrews v Wayne County Clerk, 21 Mich App 568, 572; 175 NW2d 839 (1970); 2 Official Record, Constitutional Convention 1961, p. 3366.

The distribution of campaign literature in the vicinity of the polls on any election day is regulated by Secs. 931(p) and 744 of the Michigan Election Law, 1954 PA 116, as amended; MCLA 168.931; MSA 6.1931, and MCLA 168.744; MSA 6.1744, which state as follows:

'No person shall, while the polls are open, at any polling place on any primary or election day, solicit votes in the said polling place or within 100 feet from any entrance to the building in which said polling place is located.

It shall be unlawful for any inspector of election, or any person in the polling room or any compartment therewith connected, to persuade or endeavor to persuade any person to vote for or against any particular candidate or party ticket, or for or against any proposition which is being voted on at such election. It shall be unlawful for any person to place or distribute stickers, other than stickers provided by the election officials pursuant to law, in the polling room or any compartment therewith connected or within 100 feet from any entrance to the building in which said polling place is located.

'It shall be unlawful for any person to solicit donations, gifts, contributions, purchase of tickets, or similar demands, or to request or obtain signatures on petitions in the polling room or any compartment therewith connected or within 100 feet from any entrance to the building in which the polling place is located.'

Therefore, it is my opinion that a local unit of government may not ban or regulate the distribution of campaign literature on election day, such authority being vested exclusively in the state legislature by Const 1963, art 2, Sec. 4.

Frank J. Kelley

Attorney General