A Michigan election official sparked controversy after the 2024 primary election when she stated she had banned campaign literature inside polling locations. But after a letter from FIRE, Superior Charter Township Clerk Lynette Findley confirmed that residents will be free to consult campaign literature in the privacy of the voting booth going forward.

In an August report to the township board, Findley said, “At Precinct 5 where my office is located, I noticed a candidate giving out their campaign literature with picture [sic] on it. I had to say to this person, this is illegal and that voters cannot enter the precincts with this literature. . . . I informed [the Chair in Precinct 5] to station a staff member at the door so that campaign literature was not allowed in the precinct.”

On Oct. 16, FIRE wrote to Findley to inform her that this directive conflicts with the First Amendment and Michigan law, which allow voters to have campaign literature inside polling locations, provided it is for personal use only, concealed from public display, and not shared with others. 

Findley responded and claimed that she misspoke in her report and that her directive to election staff did not in fact ban campaign literature. She claims her actual directive was that voters could not “openly carry” their campaign literature in polling locations and that she will correct her public report to avoid confusion.

As this scenario illustrates: Words matter — especially when you’re an election official. One missing word or one misstatement can make the difference between violating a voter’s rights or preserving them. 

Practically speaking, it is not uncommon for voters to have difficulty remembering the multitude of local candidates up for election, and voters will often refer to sample ballots or campaign pamphlets while casting their votes as visual aids or reminders. There is a world of difference between outright banning possession of campaign literature and banning the public display of it.

In fact, the Michigan Secretary of State issued a directive explicitly reserving to voters the right to privately use campaign literature inside the voting booth: “Instruct voters to conceal campaign literature or other campaign materials brought into the polling room. A voter may discreetly refer to their own personal notes, campaign literature or ‘slate cards’ when voting, but the materials must not be left behind in the voting station.”

The voting booth is supposed to be a place of private deliberation for citizens exercising their right to vote. The right to free speech, which encompasses the right to receive information, supports and strengthens the exercise of the franchise.

As per the First Amendment, the government can regulate a polling place to prevent “distraction and disruption,” “[b]ut the State must draw a reasonable line.” Telling a voter they are not allowed to enter a polling location with campaign materials neatly tucked away in their pocket is unreasonable.

There is plenty of nuance and confusion on the subject of government regulation of speech at polling places. Check out FIRE’s FAQ on First Amendment rights at the polls for more information. And if you find yourself at odds with your election officials on this issue, please be sure to contact FIRE. 

Now that the record is straight, Michiganders in Superior Township are free to “concealed carry” their campaign materials on election day. FIRE commends Clerk Findley for clarifying and addressing this issue. 

FIRE defends the individual rights of all Americans to free speech and free thought — no matter their views. FIRE’s proven approach to advocacy has vindicated the rights of thousands of Americans through targeted media campaigns, correspondence with officials, open records requests, litigation, and other advocacy tactics. If you think your rights have been violated, submit your case to FIRE today.