Just two days after Election Day, the ballot measure aimed at getting big money out of Michigan politics is facing a second federal lawsuit. And this time, two of Michigan’s biggest utility companies, DTE Energy and Consumers Energy, are at the center of the fight.

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Proposal 2, approved by approximately 81% of voters, restricts political contributions from regulated utilities, certain government contractors and people closely connected to them.

Utilities Say Their Constitutional Rights Are Under Attack

The lawsuit, filed Thursday, November 5, in federal court, argues that Proposal 2 violates First Amendment free speech and association rights, along with protections under the 14th Amendment. The utilities contend the restrictions go too far by targeting not only companies and executives but also employees and family members. In fact, according to the lawsuit, even the 86-year-old mother of DTE’s treasurer could be prohibited from making certain political donations despite having no role in the company.

Katie Carey, a spokeswoman for Consumers Energy, said, “This proposal unfairly targets a Michigan business, its Michigan employees and their family members from exercising their constitutionally protected rights to participate in the political process, while allowing out-of-state special interest groups and billionaires to continue flooding Michigan with political spending. Michiganders should not lose their First Amendment rights because of where they work.”

Two Lawsuits in Three Days

As Michigan News Source previously reported, the Mackinac Center for Public Policy filed the first federal lawsuit Tuesday night, just hours after voters approved the measure.

That challenge focuses on expanded campaign finance reporting and disclosure requirements that the organization argues could restrict speech by nonprofits, journalists and ordinary citizens.

The utilities’ lawsuit, meanwhile, specifically targets restrictions on political contributions. Both lawsuits seek to prevent enforcement of challenged provisions.

Voters Have Spoken. Now Come the Judges.

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Supporters say Proposal 2 will reduce corporate influence over Michigan politics and make campaign spending more transparent. But opponents argue the measure sacrifices constitutional rights in pursuit of that goal.

The proposal is scheduled to take effect 10 days after election certification, no later than December 3 – unless a court intervenes.

Michigan voters delivered a landslide victory for Proposal 2. Whether the entire law survives is now a question for the federal courts. And with two lawsuits already filed, the legal battle is just getting started.