To the University of Michigan campus community:
In anticipation of this year’s election on Nov. 3rd, many members of the University community have asked about their rights and responsibilities, as public employees, in campaigning for or against a candidate or ballot proposal.
Section 57 of the Michigan Campaign Finance Act prohibits public bodies and anyone acting for a public body from using public resources to support or oppose a candidate or the qualification, defeat or passage of a ballot proposal. However, in their private capacities, individuals, including those who are members of the University community, may participate fully in political activities, provided they are acting on their own behalf and using their personal time and resources.
We have developed the following information to help you understand the many politically related activities in which you may engage, either as private citizens or as members of our campus community, as well as those for which University resources cannot be used.
Under Michigan law, University resources generally may not be used to support or oppose a candidate or ballot proposal, subject to certain exceptions described below. Here are some examples of political activities that use public resources in a manner that would generally not be permitted under Michigan law:
- Sending out a campaign mailing using University stationery or postage purchased by the University.
- Using an official University email list or listserv to campaign for or against a ballot proposal or candidate running for office.
- Using University equipment to copy material supporting or opposing a ballot proposal or candidate, subject to existing departmental policies regarding personal use.
- Using a University office or other University facility, or using other University resources, such as a University-provided telephone, computer, email address, social media account, web conferencing account or other University resource, to support or oppose ballot proposals or candidates running for office, even if you do not state or imply that you are speaking on behalf of the University.
- Purporting to carry on a political campaign in the name of the University or purporting to speak on behalf of the University when supporting or opposing a candidate or ballot proposal, whether in speech, writings or social media postings.
The Michigan law includes several exceptions that permit limited use of public resources for certain activities that would not constitute support for or opposition to a candidate or ballot proposal, even though those activities might be relevant to electoral decisions. Here are some examples of activities in which faculty, staff and students may generally properly engage under the law, even if public resources are used:
- Conducting scholarly research on the effects of a ballot proposal or political issue on the University, on the state, on the economy, etc.
- Compiling and assembling data and other factual information on the effects of a ballot proposal or on candidates’ positions.
- Disseminating factual material and/or the results of scholarly research on a ballot proposal or political issue to news organizations and academic journals.
- Posting factual material about ballot proposals or political candidates and/or the results of research on a ballot proposal or political issue to a University website or social media account, provided the material does not advocate for or against a candidate or ballot proposal.
- Planning conferences, forums, symposiums or panel discussions on campus, or inviting guest speakers (including, in some circumstances, candidates) to campus, to discuss campaign-related issues.
- Sharing nonpartisan information about voter registration, election dates and the voting process, provided those communications do not advocate for or against a candidate, political party or ballot proposal.
Guidance on Inviting Officials to Campus Events: If you are planning an on-campus event and wish to invite an elected official or candidate running for office to speak, it is likely permissible, provided that the event is conducted in a nonpartisan manner and the official/candidate understands that they cannot use the event to campaign. However, given the nuanced nature of determining nonpartisanship, particularly for events that address political topics or are held in proximity to an election, you are encouraged to consult with Government Relations and the Office of the Vice President and General Counsel before extending an invitation to the candidate or official.
Engaging in Political Activities as an Individual: Finally, if public resources are not involved, faculty, staff and students have great leeway to engage in political activities. Here are some examples of the kinds of activities in which faculty, staff and students may engage as individuals on their own time, provided they do not use University resources and do not say or imply they are acting on behalf of the University:
- Donating money to support or oppose a ballot proposal or political candidate.
- Acting as a campaign volunteer by writing letters, making phone calls, knocking on doors or distributing flyers in support of or opposition to a candidate or ballot proposal.
- Organizing or attending rallies in support of or opposition to a political candidate or ballot proposal.
- Writing letters to the editor or op-ed pieces supporting or opposing a political candidate or ballot proposal.
- Giving speeches and participating in debates for or against a particular candidate or ballot proposal.
- Writing to elected officials to express personal opinions on a candidate or ballot proposal.
- Renting University facilities for campaign-related events, on the same terms available to any member of the public under applicable use policies for that facility, provided that fundraising will not occur at that event.
Further general information, including frequently asked questions and answers, has been posted to the University’s website. Please direct additional questions to Maya R. Kobersy in the Office of the Vice President and General Counsel at [email protected].
Sincerely,
Chris Kolb, Vice President for Government Relations
Patricia Petrowski, Vice President and General Counsel