Political campaigning using university resources

The Michigan Campaign Finance Act, in Section 57, prohibits public bodies and any person acting on behalf of a public body from using, or authorizing the use of, public resources to support or oppose a candidate or the qualification, defeat, or passage of a ballot measure. The law does not prohibit University employees from engaging fully in political campaigning in their private lives, acting on their own behalf, on their own time, using their own funds and resources.

To better understand the scope of permitted and prohibited political activities under the law, we offer the following examples.

Examples of permitted activities:

• Producing or distributing debates, interviews, commentary or other information pertinent to a candidate or ballot measure by a university broadcasting station, newspaper, magazine or other periodical in the usual course of business.
• Engaging in scholarly research pertaining to a candidate’s positions or a ballot proposal, including collecting relevant data and other information and disseminating research results
• Holding conferences, forums, symposiums, panel discussions or debates on ballot or political issues in University facilities.
• Displaying factual material about ballot proposals or political candidates on university bulletin boards in accordance with University posting policies.

Although Michigan law allows the use of public resources for a wide variety of activities, it prohibits their use for political campaigning. Examples of prohibited activities include:

• Circulating campaign materials through an official University email list or listserv.
• Posting a campaign sign in the window of a University office that supports or opposes a candidate or ballot measure.
• Using a University copier to reproduce campaign flyers or posters.
• Using University technology such as a computer, email account, social media, printer, conferencing platforms (e.g., Teams or zoom) to support or oppose a candidate or ballot measure.
• Mailing campaign literature using University stationery or postage.
• Using any University resource to campaign for or against a candidate or ballot measure purporting to be acting on behalf of the University.

Additional information

May faculty conduct research on the impact of a ballot or campaign proposal?
Yes. Conducting and reporting on research, including the effects of a ballot or campaign issue, is a central part of the University’s academic mission, which is allowed by state law.

May WSU’s Teams or zoom accounts be used to hold a fundraiser for a candidate?
No. This would constitute use of a University resource to support a candidate, and thus is not permissible.  A personal Zoom (or other web-conferencing service) account should be used instead.

Is it permitted to place the WSU logo in an advertisement for a candidate?
No. The ad would be representing that the University may support the candidate, and the University may not advocate for or against a political candidate.

Is it allowable to use a WSU conference room to host a fundraiser for a candidate?
No, a University facility is a public resource that may not be used to assist a candidate’s campaign.

Is it permissible to invite speakers to campus to discuss a ballot proposal or other election questions?
Yes, so long as University policies to use campus facilities are followed and the speakers do not advocate for or against a ballot initiative or a candidate.

May a WSU graduate seeking political office be described as the “Wayne State candidate” in campaign literature?
No. That description amounts to saying that WSU endorses the graduate. The University is not allowed to promote a candidate for public office.

May a WSU email account be used to send messages that support or oppose particular candidates or ballot initiatives?
No. The University’s email system is a public resource that may not be used for campaign purposes. Section 57 of the Michigan Campaign Finance Act specifically states that computer hardware and software may not be used for that purpose.

May employees say in a communication to a newspaper that they support a political candidate and give their names and university affiliations?
Yes, as long as they make clear that they are not writing or speaking on behalf of the University.

May university-owned media publish or broadcast commentary on ballot questions?
Yes. Media outlets owned by the University are permitted to do the same newsgathering, reporting and commentary in an election year as at any other time.

Is participating on a panel to discuss a campaign issue permitted?
Yes, as long as the panelist does not represent or imply that they are speaking on behalf of the University.

May the University sponsor an on-campus event that discusses controversial election issues?
Yes, as long as the event doesn’t support or oppose a ballot initiative or candidate.

May a sign supporting a candidate be displayed in the window of a WSU office?
No. A WSU office is a public resource and cannot be used for political campaigning. 

May an employee wear a campaign button to work?
Generally, yes.  As a private citizen, an employee may fully participate in the political process, including wearing a button that supports a candidate. But it must be clear that, by displaying the button, the employee is not acting on behalf of WSU. The University may not endorse a candidate for office. 

Are persons who are not U.S. citizens subject to these campaigning restrictions?
Yes, the legal limitations on using public resources to support a candidate or a ballot measure apply regardless of citizenship status.

Is there a penalty for violating the Michigan Campaign Finance Act?
A knowing violation of the MCFA is a misdemeanor.  If committed by an individual, the offense is punishable by up to one year in prison or a $1,000 fine, or both; if committed by the University, WSU could be fined up to $20,000 or the value of the resources used, whichever is greater.