LANSING, Mich. — The group that put Proposal 2 on Michigan ballots wants a seat at the defense table now that the measure is being challenged in federal court. Michiganders for Money out of Politics filed motions this week asking to intervene as a defendant in two lawsuits trying to stop the voter-approved law.
Proposal 2 amends the Michigan Campaign Finance Act. It stops power and gas companies regulated by the state, such as Consumers Energy and DTE Energy, from giving to campaigns for governor, attorney general or the Legislature, and extends that ban to utility employees and their relatives. It also limits donations from large state contractors and adds disclosure rules for political messaging.
Voters passed it by a wide margin on Nov. 3, with about 81% support in unofficial returns.
Two lawsuits followed within days. The Mackinac Center for Public Policy, a free-market think tank, sued first over parts of the measure. A day later, Consumers Energy and DTE Energy filed their own federal case arguing the whole ban violates First and Fourteenth Amendment rights, and they asked for an injunction to keep it from being enforced.
The suits name state officials as defendants, including Attorney General Dana Nessel, Elections Director Jonathan Brater and the secretary of state. The campaign argues that the people and groups regulated by the law bring interests the state cannot represent. Democratic state Rep.-elect Joanna Whaley joined the campaign filing.
The calendar is tight. The judge in the think tank case wants a reply by Nov. 20, and the Board of State Canvassers is set to certify the election on Nov. 23. The measure takes effect 10 days after certification, so absent a court order it could be in force by early December.
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Filed under: Lansing MI Politics News
