LANSING, Mich. (Michigan News Source) — The Mackinac Center for Public Policy is suing the Michigan Department of Labor and Economic Opportunity (LEO) over state budget earmarks it claims were illegally approved without the required two-thirds vote.

The claim.

The lawsuit, filed on May 20th in the Court of Claims, targets $1.5 million for Jimmy John’s Field in Utica and $1 million for Jackson Field in Lansing. The group argues the grants violate Michigan’s constitutional ban on public funds for local or private purposes unless approved by a supermajority.

MORE NEWS: Graduation Day: MSP Emergency Support Team Gains New Members

“The Legislature by merely declaring that a private purpose is a public purpose cannot work around the supermajority voting requirement,” the filing states.

Both grants were included in last year’s budget, which passed along party lines in the Democrat-controlled Legislature. The lawsuit argues the language used to describe recipients—based on population or community traits—was designed to avoid naming specific entities while directing funding to them.

“People have started to notice.”

Patrick Wright, vice president for legal affairs at the Mackinac Center, said the practice has become too widespread to ignore, The Detroit News reported. 

“They’ve gone after so much money using this process that people have started to notice,” Wright said. “And we decided to do something about it.”

The lawsuit could affect billions in past and future earmarks. “A billion dollars in earmarks is on average $200 per taxpayer,” the complaint states.

On May 21st, the House Appropriations Committee began hearings on a bill to strengthen earmark transparency and block funds from going to for-profit entities.