The U.S. Court of Appeals for the Sixth Circuit reversed a U.S District Court’s decision to issue a preliminary injunction against provisions of Senate Bill 571, which enables corporations to deduct PAC contributions from employees’ paychecks while prohibiting labor unions from doing the same.

Ultimately, Sixth Circuit Judge Jeffrey Sutton relied on similar cases stating “absent a burden on a constitutionally cognizable right, the government may regulate what is at best a speech-facilitating mechanism.” Michigan State AFL-CIO v. Schuette, No. 16-2100, at *8 (6th Cir., Feb. 9, 2017).

A U.S District Court has issued a preliminary injunction against provisions of Senate Bill 571, which enable corporations to deduct PAC contributions from employees’ paychecks while prohibiting labor unions from doing the same.

The ruling supporting the court’s decision cited freedom of political speech and evenhanded application of law as reasons for the injunction.

This is the second provision of the law to be successfully challenged; earlier in the year, a federal judge halted a different portion of the law prohibiting communication with community residents regarding ballot proposals during the 60 days prior to an election.

The Michigan election law enacted by last session’s Senate Bill 571 is facing yet another legal challenge. A group of labor unions filed suit against the State of Michigan claiming that the law is unconstitutional.

The contested provision of the law allows corporations to use payroll deductions for employees to make contributions to the business’ political action committee (PAC). The unions claim this is unfair because they are prohibited from using payroll deductions for members to make contributions to union PACs.

The lawsuit comes just weeks after a federal judge in a separate matter found other provisions of this law unconstitutionally vague.

A federal judge has put a temporary stop on a controversial part of a recently passed campaign finance bill. Senate Bill 571, which included significant changes in the state’s election law, contained a provision prohibiting the use of public resources by public entities such as schools and libraries in the 60 days before an election.

The provision was found to be unconstitutionally vague, as it did not clarify what was permissible. While several bills to fix the provision have subsequently been introduced, it is likely none of them will be passed by the upcoming March 8 election.

This week, Governor Snyder signed Senate Bill 571, a bill that affects what public officials and organizations can and cannot do within 60 days of an election. The bill prohibits local officials from publicly discussing ballot proposals or millage issues in the 60 days leading up to an election.

Despite approving the bill, Snyder urged the Legislature to pass further legislation clarifying some key provisions of the bill that some say infringe on protected free political speech. The 53 page bill was originally much shorter until last minute amendments were passed with no public hearings. Senate Bill 571 also eliminates the need for February quarterly reports for political action committees.