LANSING, Mich. (Michigan News Source) – Michigan voters overwhelmingly approved Proposal 2 on Tuesday, but the celebration barely got started before the measure landed in federal court.
The Mackinac Center for Public Policy filed a lawsuit Tuesday night challenging portions of the new campaign finance law, arguing they violate First Amendment protections for free speech and privacy.
The lawsuit names Secretary of State Jocelyn Benson and Attorney General Dana Nessel as defendants.
Free Speech or Campaign Finance Regulation?
Proposal 2, approved by approximately 81% of voters in unofficial results, restricts political contributions from regulated utilities and certain government contractors while expanding campaign finance disclosure requirements.
However, the Mackinac Center argues the law goes much further, potentially targeting journalists, nonprofit organizations and ordinary citizens discussing politicians and public policy.
Under the challenged provisions, individuals and organizations spending more than $5,000 annually on communications mentioning candidates within 100 days of a general election could face donor disclosure requirements. Additionally, organizations spending just $500 annually on communications supporting or criticizing candidates or ballot proposals could also face additional registration and reporting requirements.
Violations could carry criminal penalties.
Mackinac Center Wants Enforcement Blocked
“Michiganders shouldn’t face fines or jail just so that they can discuss politicians, policy, or elections,” said Patrick J. Wright, vice president of the Mackinac Center Legal Foundation.
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The organization, represented by the Institute for Free Speech, wants a federal judge to declare the challenged provisions unconstitutional and block their enforcement.
Supporters of Proposal 2 maintain the measure is necessary to reduce corporate influence over Michigan politics and increase transparency.
Michigan voters delivered a resounding victory for Proposal 2 on Tuesday, but the courts will now have a say in whether all of its provisions survive constitutional scrutiny.
