Salem Township uses public resources to push road millage renewal

A Michigan township might have violated state law by using taxpayer resources to urge residents to vote “yes” on a road millage renewal.

Salem Township in Allegan County posted a note on its website urging residents to vote for a renewal of what it called a crucial road millage, which had been in effect since the 1970s.

The post on the government website, preserved by the Internet Archive, read: “VOTE TUESDAY, AUGUST 6TH FOR ROAD MILLAGE RENEWAL.”

“Residents of Salem Township, On your August Primary ballot, you will find a crucial item: the renewal of our current road millage. This millage has been in effect since the 1970s and is set to expire in December 2025 unless renewed. Over the next few days, we encourage you to observe the excellent condition of our Township roads. This high standard of maintenance is largely made possible by your current millage contribution. Please consider voting ‘yes’ to ensure we can continue to uphold our roads as a source of pride for our community.”

Public entities such as townships can place a tax proposal on the ballot but can’t advocate for it using public funds, space or supplies. Governments can publish factual election statements, according to a post from the Lansing, Michigan, law firm Foster Swift Collins and Smith.

“For example, even a statement such as ‘the millage will allow us to provide better health services’ is generally prohibited because it is viewed more as a promotional message than a factual statement,” the law firm said. “Further, the public body may not post signs in its facilities or produce information with public funds that encourages citizens to ‘vote for’ or ‘vote against’ the ballot question. Typically, materials public bodies can provide are limited to the precise language of a millage, or other similar ballot initiative, and basic facts regarding that language.”

State law says: “A public body or a person acting for a public body shall not use or authorize the use of funds, personnel, office space, computer hardware or software, property, stationery, postage, vehicles, equipment, supplies, or other public resources to make a contribution or expenditure or provide volunteer personal services that are excluded from the definition of contribution under section 4(3)(a).”

Salem Township hasn’t yet responded to a request for comment.

The state can’t answer questions about whether a specific activity violates the Michigan Campaign Finance Act, said Sam May, the press secretary for Secretary of State Jocelyn Benson.

“Anyone seeking a legal determination on that activity can file an official complaint through the Bureau of Elections or a request for Department of State to issue a declaratory ruling/interpretive statement,” May wrote in an email reply to Michigan Capitol Confidential.

Voters rejected the road millage renewal in a vote of 559-538 on Aug. 6.