[Michlib-l] FW: Question I received about circulating petitions

[Membiela, Clare (MDE)]

Hi:

I neglected to include MichLib-L in my reply, so please see attached:

Thanks!
Clare

Clare D. Membiela, MLS, J.D.
Library of Michigan
MembielaC at michigan.gov<mailto:MembielaC at michigan.gov>
517-335-8132

The research and resources above are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem.


Nourishing Michigan’s Future…during school and during the summer!  Find a Summer Food Service Program site nearest you and encourage Michigan’s children to Meet Up and Eat Up!    www.michigan.gov/meetupeatup<http://www.michigan.gov/meetupeatup>

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From: Membiela, Clare (MDE)
Sent: Friday, September 22, 2017 4:34 PM
To: 'Kat Boyer' <librarykat.15 at gmail.com>
Subject: RE: [Michlib-l] Question I received about circulating petitions

Hello Kat:

I can find nothing in State law governing petitions that would prevent someone from gathering signatures at a Public Library.  Since this is a Free Speech issue, this can be a sticky.

HOWEVER,  the library should be able to govern the behavior of someone seeking signatures like they would any other Library visitor – for example, if a person is interfering with library entrances or exits;  if they are disturbing patrons who are working in the library (especially if you are getting complaints from other patrons); or if they are exhibiting behavior that would be a violation of Library Policy, you can ask them to cease the offending behavior or relocate.

If the library has a no-soliciting policy (and does not permit other types of petitions), they could possibly request that the petitioners collect signatures outside of the library.

Libraries can ask people gathering signatures to please gather signatures in a manner that does not disturb the business of the library.

However, please note that any policy that is invoked should be certain to be invoked equally for ALL petition gatherers. I would strongly recommend that if this is something that occurs often, you may want to establish a formal policy to ensure that every signature drive is treated equally in order to avoid claims of discrimination and/or censorship.

Here is a link to the Department of Election’s sheet on Initiative & Referendum Petitions
https://www.michigan.gov/documents/sos/Ini_Ref_Pet_Website_339487_7.pdf


I hope this is helpful!
Please don’t hesitate to contact me if I can be of assistance.

Sincerely,
Clare

Clare D. Membiela, MLS, J.D.
Library of Michigan
MembielaC at michigan.gov<mailto:MembielaC at michigan.gov>
517-335-8132

The research and resources above are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem.


Nourishing Michigan’s Future…during school and during the summer!  Find a Summer Food Service Program site nearest you and encourage Michigan’s children to Meet Up and Eat Up!    www.michigan.gov/meetupeatup<http://www.michigan.gov/meetupeatup>

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From: michlib-l-bounces at mcls.org<mailto:michlib-l-bounces at mcls.org> [mailto:michlib-l-bounces at mcls.org] On Behalf Of Kat Boyer via Michlib-l
Sent: Friday, September 22, 2017 2:50 PM
To: Michlib-l <michlib-l at mcls.org<mailto:michlib-l at mcls.org>>
Subject: [Michlib-l] Question I received about circulating petitions

Hi everyone,

I have a question about an email I received.  Someone asked me "Are circulators of ballot-initiative petitions permitted" at the library.  I am not sure how to answer her.  Does anyone have any experience with this?  Apparently it is a non-partisan group looking to amend Michigan's Constitution as it relates to redistricting.

Thanks in advance!


Kat Boyer
Director
Benton Harbor Public Library
213 E Wall St.
Benton Harbor, MI 49022
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