East Lansing moves to repeal ordinance requiring landlords to give tenants voting info

EAST LANSING — Just days after being sued in federal court, the City Council took steps to repeal a controversial 2013 ordinance requiring landlords to tell tenants how and where to register to vote.

Without comment, council members unanimously approved, 5-0, on Tuesday a moratorium that took immediate effect and directed City Attorney Tony Chubb to draft a resolution to repeal the decade-old ordinance.

The first reading is supposed to happen at council’s next April 4 meeting. A second reading, with a vote, is expected April 18.

“Whereas the City Council of the City of East Lansing has determined that the ordinance is not actively enforced by the city and that the form of voter outreach set forth in the ordinance has been largely replaced by online voter initiatives, it is further unnecessary due to changes in state law allowing for same day voting,” Chubb said before the moratorium vote.

Council's vote concluded a closed session of about 30 minutes to discuss the lawsuit filed against the city on March 16.

The Thomas More Society, a not-for-profit public interest law firm that represents conservative causes, sued on behalf of East Lansing-based Hagan Realty Inc., claiming the city has been violating landlords' First Amendment rights by forcing them to provide voter application forms and other information to new tenants.

Nathan Triplett, part of the council that approved the ordinance, was upset.

He took to Twitter on Wednesday, stating he was “deeply disappointed” in council’s “decision to capitulate” and “repeal an ordinance carefully crafted to reduce barriers to voter registration by tenants – notably university students.”

“Many, perhaps most of these tenants are unaware of their voting rights,” he said during a phone interview. “They’re also likely to move frequently, necessitating regular updates to their voter registration.

“I don’t think you can persuasively argue that the need doesn’t still exist. Again, you can’t exercise rights that you don’t know you have. Part of what this ordinance sought to do was to put information in the hands of these voters – neutral, factual information about Michigan law.”

Council’s moratorium doesn’t mean an immediate end to the lawsuit. Thomas More Society Special Counsel Erick Kaardal said he wants to see the repeal first.

He called his client, Matt Hagan of Hagan Realty Inc., a hero who stood up for his First Amendment rights.

“Everybody has the right to vote and should vote. It was never about that,” Hagan said, adding that he’ll likely drop his suit once he sees the 2013 ordinance repealed. “I’ll have to talk to our attorney. If there’s no ordinance, there’s no reason to fight obviously.”

- Staff report