Mackinac Center Sues Over Passage Of Prop 2
(Source: MIRS.news, Published 10/03/2026) The Mackinac Center for Public Policy filed a federal lawsuit challenging Proposal 2, which voters approved Tuesday to impose new restrictions on political contributions.
The lawsuit, which names Secretary of State Jocelyn Benson and Attorney General Dana Nessel as defendants, alleges the provisions threaten free speech and privacy by subjecting everyone – including nonprofits, journalists and everyday citizens – to undue campaign finance regulations.
The lawsuit, filed in the U.S. District Court for the Western District of Michigan, alleges the measure establishes criminal penalties for publishing content that merely refers to candidates before an election.
“Michiganders shouldn’t face fines or jail just so that they can discuss politicians, policy, or elections,” said Patrick J. Wright, vice president of the Mackinac Center Legal Foundation. “These rules threaten access to information voters rely on and violate the privacy of people who support organizations they believe in.
“We’re bringing this lawsuit to protect free speech and open debate and to prevent giving partisans a nasty tool that can be used to criminally punish their opponents for daring to speak their minds,” he added.
Early returns showed the initiative sponsored by Michiganders for Money Out of Politics (MMOP) passing with 84% support.
Proposal 2 sought to curb corporate influence in state politics, but the Mackinac Center, represented by the Institute for Free Speech, argues it “targets everyone who spends money speaking about public policy if they talk about an elected official at the wrong time or with the wrong words.”
Under the measure, organizations spending more than $500 annually on certain communications could be classified as political committees if their activities are deemed intended to influence voters.
The Mackinac Center calls the law “alarming and far-reaching” and alleges it violates the First Amendment by regulating speech even when it does not urge people to vote for or against a candidate or ballot question. It also alleges the measure violates privacy by requiring organizations, including media outlets, to disclose the names, addresses, occupations and employers of financial supporters, including donors, subscribers and members.
The Mackinac Center said the provisions could affect its legislative voting record database, Michigan Capitol Confidential news reporting, ballot proposal research, radio programs, interviews, commentary, public-policy forums and other communications.
“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,” he added. “Proposal 2 is an expansive and dangerous assault on the right and ability of people to hold their government accountable.”
Meanwhile, Benson defeated U.S. Rep. John James (R-Shelby Township) in the governor’s race. Democratic Washtenaw County Prosecutor Eli Savit defeated Republican Eaton County Prosecutor Doug Lloyd to succeed Nessel, while Lt. Gov. Garlin Gilchrist II is expected to become the next secretary of state.
Under federal court rules, when a public officer sued in an official capacity leaves office while a case is pending, the officer’s successor is automatically substituted as a party.
