'Money out of politics' ballot measure sparks First Amendment fight in battleground state
Fox News · Alec Schemmel ·
Supporters say Proposal 2 curbs pay-to-play donations, but its critics argue it could impact policy research and other communications discussing candidates without telling voters how to vote.
Michigan voters approved a ballot initiative called Proposal 2, pitched to them as a way to curb pay-to-play donations and get money out of politics. But the measure has also triggered a federal First Amendment lawsuit alleging its separate speech and disclosure provisions could ensnare journalists, nonprofits and policy researchers who discuss elected officials.
Michiganders for Money Out of Politics, also known as MOP UP Michigan, said the lawsuit was expected after voters approved Proposal 2. Campaign manager Maura Cowley said the group is "confident Proposal 2 will withstand legal scrutiny" after organizers said they submitted more than 560,000 signatures to place the measure on the ballot.
The Mackinac Center for Public Policy, which filed the lawsuit, says it is not challenging the initiative’s central pay-to-play restrictions on political contributions from utility companies and government contractors. Its lawsuit instead targets provisions imposing reporting and disclosure requirements on certain communications that refer to candidates or "promote, support, attack or oppose" candidates or ballot questions, even without expressly urging voters to support or oppose them.
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