Lawsuit filed against 'Money out of Politics' proposal after Michigan voters pass initiative

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Michigan election AP calls: Prop 2 passes, Prop 1 fails

Results from both of Michigan's two ballot proposals have been called. Prop 2, known as ‘Money out of politics’, was called by the Associated Press with 6% voting. The Associated Press also called the race for Prop 1 after voters soundly rejected it.

Almost immediately after Prop 2 passed in Michigan, a lawsuit challenging its legality was filed in federal court.

The 'Money out of Politics' ballot initiative won approval from voters easily, according to preliminary election results and was one of the first pieces of Michigan's ballot to be called.

On Tuesday night, the Mackinac Center for Public Policy filed in the U.S. District Court in west Michigan.

What would Prop 2 do?

The backstory:

Proposal 2 bans regulated utilities like DTE and Consumers Energy from making political donations.

It also targets contractors with over $250,000 annually in government contracts, as well as parties with connections to contractors and those utilities from making direct or indirect campaign contributions to those holding or running for public office.

‘Burden protected speech’

Big picture view:

On Tuesday night, the Mackinac Center for Public Policy filed a First Amendment lawsuit alleging Prop 2's provisions "burden protected speech, discourage public debate, and threaten financial supporters (or media outlet subscribers’) privacy and safety," according to AnnMarie Pariseau, the communications director for the think-tank.

The lawsuit alleges the proposal violates the First Amendment by regulating speech and violating privacy. 

"The First Amendment guarantees people the freedom to praise and criticize the elected officials who govern us," said Institute for Free Speech Senior Attorney Brett Nolan, the lead litigator on the case. "But there’s nothing free about a system that requires you to register with the government if you dare speak about those elected officials in public. Proposal 2 is an expansive and dangerous assault on the right and ability of people to hold their government accountable."

What's next:

The suit asks the federal court to put a pause on the enforcement of Prop 2 as the suit plays out.

The Source: A federal court filing, press release from the Mackinac Center for Public Policy, and voter numbers were cited for this story. 

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