Posted on 08/18/2016 5:05:28 AM PDT by MichCapCon
A flier distributed by a Saginaw County township to residents advocating a yes vote on a millage question likely violates state campaign finance law. Despite what the Maple Grove Township officials claim is an error in the text, the flier is still illegal, according to one long-time Michigan expert on such issues.
The flier states that the Maple Grove Fire Department asks for a yes vote in November on a three-year property tax millage that would cost the average household $84 per year per household for three years. The millage would give the department $252,000.
Cheryl Bishop, the township treasurer, said the flier includes a misstatement and should have read special assessment rather than millage.
When we sent the flier to residents we printed the word millage in error, Bishop said in an email. It should have read Special Assessment. We had consulted an attorney about the wording but the error was not caught before the mass mailing. We have the correct wording on the ballot proposal for November.
Bishop did not respond to follow-up questions regarding the legality of the flier.
The Michigan Campaign Finance Act states that public bodies must remain neutral during elections. But the flier, sent to residents in the mail along with property tax notices, unambiguously advocates for residents to vote yes on a ballot measure.
We as a department are asking for your YES vote for a 3-year millage that would allow us to replace our outdated 1980 Chevrolet Mini Pumper, the flier states. The flier shows pictures of the truck in use now and the proposed truck that would be purchased.
Click here to see the flier.
The fire department also said on the flier that the pump apparatus of the truck is nearing the end of its use and is increasingly expensive to repair.
Bob LaBrant, a Michigan attorney who for decades has specialized in campaign finance law, said the expressed advocacy of the flier makes it illegal under state law.
Express advocacy (vote yes) is what makes this flier in violation of section 57 of the Michigan Campaign Finance Act, not the terms millage or assessment, he said. Section 57 spells out what the penalties are for a violation of section 57.
Dave Gillie, a township resident, said he received the flier in the mail sealed in the same envelope as his property taxes.
When I saw it was actually advocating a yes vote I was quite shocked, he said. It wasnt that I disagreed with the information that they put on there.
It actually advocated a yes vote using our tax dollars, which is why I had a problem with it, he said. Gillie said he received the flier on June 28.
There are many examples of local governments distributing information that is highly favorable to tax increase proposals, but as long as they dont expressly ask for a yes or no vote on a measure, they do not violate current state law. For example, last year the city of Rochester Hills wanted to raise property taxes for police and fire budgets, so it implied a vote on the matter was a life-or-death situation. In 2014, the Pinckney school superintendent asked voters to renew a multi-million dollar millage.
In January, Gov. Rick Snyder signed a bill that restricted local governments from using taxpayer dollars to advocate for tax increases within 60 days of an election. Days later, a judge granted an injunction blocking the law.
Editor's note: Maple Grove Township is in Saginaw County. The original story had the wrong county.
There are few things as permanent as a 'temporary' tax.
In Western New York we are still living with the 'temporary' one-year county tax increase nearly 40 years later. (Thanks Ed Rutkowski!)
I think they even gave up the pretense of 'voting' to re-enact it every year and just assume it is approved. Am I right Mayor?
Fire whomever wrote the flier. Use his salary to purchase the new vehicle.
Yes, it became permanent. Then we also have another temp sales tax. That was passed a decade ago, thanks Joel Giambra, I think
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