BY MATT MACKINDER
Clarkston News Editor

Starting this year, political signs in Independence Township will be allowed to be displayed up to 45 days prior to an election.
The first reading of the amendment was approved unanimously by the Independence Township Board of Trustees at their regular meeting on April 5.
The previous time frame was 30 days before an election.
“This is a minor amendment but one that came up during our previous election where a candidate actually raised a question about how far ahead they could put a sign out,” said Independence Township Planning and Zoning Director Brian Oppmann. “And for that particular candidate, as you’ll recall, we went through an arduous sign ordinance update over the past couple years during COVID. The planning commission elected to have it be 30 days. It was actually I think a lot less than that, and that was all ruled unconstitutional.”
“But not in cases involving Independence Township,” added Township Supervisor Gerald Fisher. “I just wanted to clarify that.”
Oppmann explained what other elements kick-started the look at change.
“Since we can’t say ‘political signs’ because that’s content, we have to say, ‘signs relating to addition expression of speech’ prior to a scheduled election,” Oppmann said. “That’s the way it is, and we can thank the Supreme Court for that. We’ve had a lot of discussion about this at the planning commission level and deliberated over several meetings about the amount of time (for signs to be displayed). Our previous township attorney had recommended we have it be 45-60 days based on previous case law. The planning commission was adamant that it was 30 days, no more. They didn’t want to see political signs out that far in advance.”
The next election in the township is scheduled for May 3 and will fill the 43rd District House of Representative seat vacated by Andrea Schroeder, who passed away October 1, 2021, at the age of 57 after battling stomach cancer. During the special election primary on March 1 to fill the partial term of Schroeder, Republican Mike Harris defeated Heidi Warrington and Linda Ybarra-Bozzone, and Democrat Kent Douglas ran unopposed to win that party’s nomination.
“In speaking with Township Attorney (Dan) Kelly’s office, it was decided that we need to make this change, and we need to do it quickly because we have another election in May,” Oppmann said. “At the last planning commission meeting (March 10), we held a public hearing, and it was unanimously approved.”
“Part of what played into all of this was the popularity of the absentee ballot,” added Ron Ritchie, township trustee and member of the planning commission. “A lot of absentee ballots get returned before anyone can put out a sign. That’s why we picked the 45 days, so it’s pretty close to the time people start returning their ballots as absentee voters.”
Kelly noted he believes neighboring Orion Township’s sign ordinance is 45 days prior to an election.
“I would say 45 days is by far the most common,” Kelly said.
In wrapping up the discussion, Township Trustee Terri Nallamothu issued a clarification for the public “before they call and complain.”
“This year, we had that special election thrown at us (in March), so (the public) should check and see when the elections are before they complain about something,” Nallamothu said. “A lot of people didn’t even know we had something going on in March. Look on the website and look when the elections are before you call to complain about something as well.”