The Mackinac Center for Public Policiy is being represented in its lawsuit by the Institute for Free Speech, a nonpartisan organization known for advocating against campaign-finance regulations. In a press release, the Institute said that Proposal 2 is overly broad and, critically, appears not to offer any exemption for media outlets.
A Michigan-based nonprofit has filed a lawsuit challenging Proposal 2.
According to USA Today, the proposal, which was approved by voters during the midterm election, prohibits all Michigan-based electric and gas utility companies with annual contracts of at least $250,000 from “making direct or indirect campaign contributions to those who run for or hold offices that impact them” within the state. It also extends campaign-finance restrictions on political communications to “apply to communications clearly identifying candidates or ballot questions, even if they do not expressly advocate voting for/against them.”
Earlier this week, the nonprofit Mackinac Center for Public Policy filed a lawsuit against Proposal 2, naming Michigan Secretary of State Jocelyn Benson and Attorney General Dana Nessel as defendants. Benson, a Democrat, is currently the state’s governor-elect, having beaten Republican contender John James by more than a half-million votes.
The lawsuit makes two key claims: that Proposal 2 violates the First Amendment by attempting to regulate speech, and that it violates privacy by requiring organizations subject to the rule to disclose the personally-identifying information of financial supporters, including “donors, subscribers, and members.”
The Mackinac Center for Public Policiy is being represented in its lawsuit by the Institute for Free Speech, a nonpartisan organization known for advocating against campaign-finance regulations. In a press release, the Institute said that Proposal 2 is overly broad and, critically, appears not to offer any exemption for media outlets.
“Proposal 2 requires journalists, nonprofit organizations, and countless others to file reports with the state and disclose their activity when they speak to the public about elected officials. Under the guise of regulating campaign finance, Proposal 2 targets anyone who spends enough money speaking about public policy if they mention an elected official at the wrong time or with the wrong words,” the Institute for Free Speech said in a November news release.
In response, Michiganders for Money Out of Politics—the organization that sponsored Proposal 2—said that it was not surprised by how quickly a lawsuit has been filed against the new rule.
“Tonight, Michiganders spoke loud and clear, voting to pass Proposal 2 with an overwhelming majority and delivering a resounding mandate to end pay-to-play politics and put power back where it belongs – with the people,” MMOP campaign manager Maura Cowley told USA Today. “The bottom line is that we are confident Proposal 2 will withstand legal scrutiny, and we were fully expecting and are prepared to take on this challenge.”
Sources
Mackinac Center Lawsuit Challenges Michigan’s Proposal 2 to Protect Free Speech
Mackinac Center Sues to Block Michigan’s Speech-Suppressing Proposal 2
Michigan’s Proposal 2 violates First Amendment, lawsuit alleges
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