Melissa,
There are a lot of things I find troublesome about the recently passed legislation. However, there’s nothing in the language of the law that would prohibit staff from answering questions about a ballot proposal over the phone or via e-mail or in person. I know
many in the library world have the impression that this creates a blanket restriction on communications about local ballot proposals. It does not. The relevant language is:
“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.”
The prohibition applies to the following forms of communication:
-
Radio
-
Television
-
Mass mailing (defined in the law as “mailing by United States mail or facsimile of more than 500 pieces of mail matter of an identical or substantially similar nature within any 30-day period”
-
Prerecorded telephone message
when that communication references “a local ballot question” and the communication is “targeted to the relevant electorate where the local ballot question appears on the ballot”.
You can see from that list that nowhere does it reference one-on-one communications. It also does not preclude the library from setting out informational flyers in the library or elsewhere in the community. There’s
zero reference to electronic communication so the library should be able to use the library’s web site, social networking sites and even mass e-mailing to communicate with voters. David Conklin raised the concern about billboards. There’s nothing in the language
as it is currently written that would make it apply to billboards.
I would fully agree that the new law is overly restrictive and unnecessary as advocacy was already prohibited. But as I read it, I don’t think it applies as broadly as some people believe and in some areas, like
electronic communications, public bodies are still free to share information without worrying about these newly imposed restrictions.
My 2 cents – I’m not an attorney!
Andrew Mutch
My comments are my opinion and may not reflect those of my employer.
From: michlib-l-bounces@mcls.org [mailto:michlib-l-bounces@mcls.org]
On Behalf Of Melissa Armstrong
Sent: Tuesday, January 12, 2016 9:07 AM
To: 'David Conklin'; jmarks@baycountylibrary.org; michlib-l@mcls.org
Subject: Re: [Michlib-l] SB 571
I agree. The law is very vague and has too much room for interpretations. For example, If someone calls a public library and asks about an upcoming mileage and it is 3 weeks away, we are basically to say I’m
sorry I can’t respond to that without breaking the law. This is so frustrating..
Melissa Armstrong
Assistant Director
Caro Area District Library
840 W Frank Street
Caro, Michigan 48723
989-673-4329 ext. 107
From:
michlib-l-bounces@mcls.org [mailto:michlib-l-bounces@mcls.org]
On Behalf Of David Conklin
Sent: Monday, January 11, 2016 5:44 PM
To: jmarks@baycountylibrary.org;
michlib-l@mcls.org
Subject: Re: [Michlib-l] SB 571
Here is what concerns me:
Text from Public Act 269 of 2015 (formerly SB 571) under
CONTENT:
http://www.legislature.mi.gov/documents/2015-2016/billanalysis/Senate/pdf/2015-SFA-0571-N.pdf
“Prohibit a public body, within 60 days before an election in which a local ballot question appears on the ballot, from using public funds or resources for a communication by radio, television,
mass mailing, or prerecorded telephone message if the communication refers to a local ballot question.”
This language was a bit bothersome but was specific in that “…if the communication refers to a local ballot question.” it was illegal.
Text from Gov. Synder’s “clarification” letter:
http://www.michigan.gov/documents/snyder/SB_571_signing_letter_510083_7.pdf
“…it is intended to prohibit communications
that are plain attempts to influence voters without using words like "vote for" or "support."”
This sounds worse and flings the interpretation windows wide open. Now
any ad can be construed to be an attempt to influence voters and now illegal. Before the lines were clear no tax dollars promoting a yes vote.
:o/
Dave
David Conklin
Director
Genesee District Library
(810) 230-3335 Office
(810) 732-1161 Fax
Genesee District Library Headquarters
4195 W. Pasadena Avenue
Flint, MI 48504
From: michlib-l-bounces@mcls.org [mailto:michlib-l-bounces@mcls.org]
On Behalf Of James Lenze
Sent: Monday, January 11, 2016 5:18 PM
To: Gail Madziar <gmadziar@milibraries.org>;
jmarks@baycountylibrary.org;
michlib-l@mcls.org
Subject: Re: [Michlib-l] SB 571
Jeanette,
Here is a sample of what you may have missed:
Prior to SB571, as long as we did not suggest how one should vote, we could:
1.
Use library resources to prepare and mail informational materials about local ballot issues – including postcards reminding people to vote.
2.
Include factual information about the ballot issue in our newsletters.
3.
Be interviewed on our local cable channel about the ballot issues.
4.
Speak at televised City Council meetings about the ballot issues.
5.
Rebut factually erroneous statements made by the public at televised Council meetings.
Now, I need a legal opinion to tell me if any of these are permissible.
James B Lenze, Director
jamesl@gardencitymi.org
Garden City Public Library
31735 Maplewood St
Garden City, MI 48135
From: michlib-l-bounces@mcls.org [mailto:michlib-l-bounces@mcls.org]
On Behalf Of Gail Madziar
Sent: Monday, January 11, 2016 4:46 PM
To: jmarks@baycountylibrary.org;
michlib-l@mcls.org
Subject: Re: [Michlib-l] SB 571
Jeanette makes a valid point. You may certainly answer reference questions. MLA continues to work on this issue, its repercussions and possible solutions. Watch for more information in Thursday’s MLA Update.
Take care,
Gail Madziar
Michigan Library Association
From: michlib-l-bounces@mcls.org [mailto:michlib-l-bounces@mcls.org]
On Behalf Of Jeanette Marks
Sent: Monday, January 11, 2016 4:32 PM
To: James Lenze <jamesl@Gardencitymi.org>;
michlib-l@mcls.org; Pam Withrow <pwithrow@uproc.lib.mi.us>; Melissa Armstrong <melissa@carolibrary.org>
Subject: Re: [Michlib-l] SB 571
I must be missing something in the bill. I thought it was redundant as we all know we cannot use library money to print materials on library ballot issues, we cannot use staff
time to work on millage proposals, we cannot promote our library's millage proposal while working on the clock, etc. I read that we can still hand out the League of Women Voters material, tell a patron which precinct they are registered to vote in, and tell
them if their community has a local election. Those are valid reference questions and resources. Period. If they aren't, then what about the political books that are purchased? Can we not have them in the collection? Do they go in hiding for 60 days prior
to an election? Ridiculous! We keep on rockin' our bad librarian selves, people! Keep answering those reference questions. Just don't think you can print out or distribute political literature or wear Vote for the ACME Library t-shirts while working the desk.
Jeanette Marks, Managing Librarian
Bay County Library System
Pinconning Branch Library
218 Kaiser St.
Pinconning, MI 48650
PH 989-879-3283 ext. 207
FAX 989-879-5669
jmarks@baycountylibrary.org
From: "Melissa Armstrong" <melissa@carolibrary.org>
Sent: Monday, January 11, 2016 3:36 PM
To: "James Lenze" <jamesl@Gardencitymi.org>,
jmarks@baycountylibrary.org,
michlib-l@mcls.org, "Pam Withrow" <pwithrow@uproc.lib.mi.us>
Subject: RE: [Michlib-l] SB 571
I tend to agree.. He can ask the law makers to go back and make it right but I am sure it won’t be done. The whole thing is nonsense and only hinders us from doing our jobs as well as schools. It is very upsetting.
Melissa Armstrong
Assistant Director
Caro Area District Library
840 W Frank Street
Caro, Michigan 48723
989-673-4329 ext. 107
From:
michlib-l-bounces@mcls.org [mailto:michlib-l-bounces@mcls.org]
On Behalf Of James Lenze
Sent: Monday, January 11, 2016 1:36 PM
To: jmarks@baycountylibrary.org;
michlib-l@mcls.org; Pam Withrow
Subject: Re: [Michlib-l] SB 571
While this is nice, how much weight does the Governor’s interpretation carry in a court of law? I mean, this is not the same as an Attorney General’s Opinion, is it?
James B Lenze, Director
jamesl@gardencitymi.org
Garden City Public Library
31735 Maplewood St
Garden City, MI 48135
From: michlib-l-bounces@mcls.org [mailto:michlib-l-bounces@mcls.org]
On Behalf Of Jeanette Marks
Sent: Monday, January 11, 2016 1:23 PM
To: michlib-l@mcls.org; Pam Withrow <pwithrow@uproc.lib.mi.us>
Subject: Re: [Michlib-l] SB 571
Thank you so much for sharing, Pam. I did not interpret the new bill as preventing librarians from providing reference service to patrons with election questions. Hopefully
others will feel comfortable in providing reference service as well.
Jeanette Marks, Managing Librarian
Bay County Library System
Pinconning Branch Library
218 Kaiser St.
Pinconning, MI 48650
PH 989-879-3283 ext. 207
FAX 989-879-5669
jmarks@baycountylibrary.org
From: "Pam Withrow" <pwithrow@uproc.lib.mi.us>
Sent: Monday, January 11, 2016 12:42 PM
To: michlib-l@mcls.org
Subject: [Michlib-l] SB 571
Hello Everyone,
Because we have a millage coming up in March, we’ve been watching this legislation pretty closely. Governor Snyder offered a letter of clarification that should help put librarian minds at ease.
http://www.michigan.gov/documents/snyder/SB_571_signing_letter_510083_7.pdf
Thank you,
Pamela Withrow, Director
Forsyth Township Public Library
180 W. Flint St.
PO Box 1328
Gwinn, MI 49841
906-346-3433