In a startling video, a mom in Pittsburgh has confronted her daughter’s school as they registered her 17 year old to vote and attempted to persuade her to vote for a candidate her mother did not support!
It is imperative parents talk to their children and listen to what they are experiencing at school. If the school is pushing your child to do or say or believe something that is in opposition to your beliefs, you must speak up.
Schools that are using state or federal funds to register and solicit votes for a candidate or party are violating the law.
A public school cannot use state or federal funds to solicit voter registration or attempt to persuade students to vote for a particular candidate or party during school hours. Public schools are subject to various laws and regulations, including both constitutional and statutory prohibitions, that prevent the use of public resources for political advocacy or electioneering.
Key Legal Citations - Registering Your Kids to Vote:
1. The Hatch Act (5 U.S.C. §§ 7321-7326) – This federal law restricts political activities by federal employees and those of certain state and local government employees, especially if their positions are funded with federal dollars. Public school employees using federal funds are prohibited from engaging in political activities, including promoting a particular candidate or party.
2. Education Department General Administrative Regulations (EDGAR) (34 C.F.R. Part 76.532) – This regulation prohibits the use of federal education funds for activities designed to influence the outcome of an election for public office, meaning federal dollars cannot be used to support partisan activities, including efforts to persuade students to vote for a particular candidate.
3. Michigan Campaign Finance Act (MCL 169.257) – In Michigan, public bodies (which include school districts) are prohibited from using public resources to advocate for the election or defeat of a candidate. Violating this law can result in civil penalties. This restriction would also prevent schools from using state funds to influence student voting.
4. First Amendment - Free Speech & Establishment Clause (U.S. Constitution, Amendment I) – Public schools, as government institutions, are bound by the First Amendment. Engaging in partisan activities or using public resources to support a particular political view would likely violate the Establishment Clause, which prohibits government endorsement of a specific political party or candidate.
Relevant Case Law:
1. Buckley v. Valeo, 424 U.S. 1 (1976) – This case established the framework for campaign finance restrictions, stating that government entities must avoid using public funds for electioneering purposes, which includes influencing students’ votes during school hours.
2. Republican Party of Minnesota v. White, 536 U.S. 765 (2002) – This case emphasized that while there are free speech rights, there are restrictions on how government institutions, including schools, can engage in political activities without appearing to endorse a political position or candidate.
3. Everson v. Board of Education, 330 U.S. 1 (1947) – This case involved the Establishment Clause and clarified that public funds cannot be used in ways that support or oppose religious (or by extension, political) positions within a government-funded institution like a public school.
In summary, public schools must remain nonpartisan and cannot use state or federal dollars to register students to vote in a way that promotes a particular political party or candidate. Doing so would violate both federal and state laws, and likely the First Amendment as well.
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