Intervention Motion Filed by Campaign Group
The Michiganders for Money out of Politics campaign filed a motion on Tuesday to intervene as a defendant in federal lawsuits brought by public utilities and the Mackinac Center for Public Policy. The lawsuits seek to stop Proposal 2 from taking effect after voters approved the measure.
Proposal 2 would limit campaign donations from regulated utilities and large state government contractors while establishing new transparency rules for political messaging. Utility companies and the Mackinac Center are suing in federal court, citing First Amendment free-speech concerns, with Michigan government officials named as defendants.
The campaign, also known as Mop Up Michigan, included Democratic state Rep.-elect Joanna Whaley in its filing to provide a perspective on the political system that the state cannot offer. The group argued that intervenors have distinct interests because they are regulated by Proposal 2 and participate in the political process it governs.
Sam Bagenstos, the campaign’s lawyer, presented the argument for intervention during court proceedings. He stated that the campaign and its members have a stake in the outcome that differs from the state government's position.
Opposition to Intervention
Patrick Wright, vice president for legal affairs at the Mackinac Center for Public Policy, argued against the intervention motion. Wright stated that once the law is enacted, it belongs to the state of Michigan and no group has an ownership stake in its defense.
Wright claimed there is nothing unique about the intervenors' arguments that the attorney general will not already present in defense of the law. He suggested that the campaign's interests were adequately represented by the state officials named as defendants in the litigation.
Timeline for Legal and Electoral Proceedings
The judge in the Mackinac Center lawsuit requested a reply to the intervention motion by November 20. This deadline precedes a scheduled meeting of the state elections board on November 23, which is set to finalize election results.
Proposal 2 is written to become law 10 days after its win at the ballot box is certified. If not delayed by the courts, the measure could take effect as soon as early December.
The utility-led lawsuit has asked the courts to temporarily block the proposal from enforcement. Wright stated that the Mackinac Center plans to seek a similar temporary block while the legal challenges proceed in federal court.