Two lawsuits hit Proposal 2 after Michigan voters overwhelmingly approve it

DETROIT (FOX 2) - Legal challenges are mounting against Proposal 2 just days after voters overwhelmingly passed the campaign finance measure. 

Big picture view:

Two separate federal lawsuits have been filed, one on Election Night by a conservative policy group, and a brand-new lawsuit filed by major utilities DTE and Consumers Energy. 

The message of getting big money out of politics clearly resonated with voters this week, but opponent action was immediate. 

On Election Night, the Mackinac Center for Public Policy filed the first federal lawsuit, claiming Prop 2’s campaign finance rules and donor privacy requirements are unconstitutionally broad and vague. 

Then yesterday, DTE Energy and Consumers Energy filed a joint federal lawsuit of their own, arguing the measure's ban on political contributions by utilities, their executives, and their family members violates their First Amendment rights to free speech and equal protection.

Both lawsuits name Secretary of State Jocelyn Benson and Attorney General Dana Nessel as defendants. 

Prop 2 was written specifically to curb utility spending after years of voter frustration over rising rates and power reliability. 

What they're saying:

FOX 2 spoke with an attorney for the Mackinac Center about their Election Night filing.

"The new rules that are created, they gather a lot of speech, a lot of vague definitions of what’s covered and what isn’t," said attorney Patrick Wright. "A lot of reporting requirements, they can lead to criminal prosecutions and so we are concerned this could be a nasty tool in a partisan hunt and to keep people from participating in discussions about politics, policy and elections."

"You know honestly, I think it’s probably got a pretty good chance of being able to block the proposition," said Oakland University Professor Dr. Peter F. Trumbore. "The Supreme Court, really since 2010 with the Citizens United decision, has essentially said two fundamental things. The first is that corporations are people and, therefore, they have the same rights that you and I have as individuals, and second, that money equals speech."

The other side:

In their new lawsuit filed yesterday, DTE issued this statement to FOX 2:

"DTE has long supported the right of Michiganders to lawfully participate in the political process and engage on issues that affect their families and communities regardless of their job.  Our company is made up of 10,000 Michiganders whose fundamental right to free speech is under attack. They deserve the same rights as their friends and neighbors to support the candidates and issues they care about."

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