‘Money out of politics’ proposal cleared for Michigan ballot

The Board of State Canvassers Friday advanced a ballot proposal to bar political spending by regulated utilities and large state contractors
An opposition group had challenged voter signatures submitted by Michiganders for Money Out of Politics
The state Legislature could approve the measure or do nothing, which would send it to the Nov. 3 general election ballot

LANSING — Voters will likely have the chance to decide this fall whether to ban political spending in state elections by Michigan’s regulated utilities and large government contractors.

In a 3-1 vote, the bipartisan Board of State Canvassers certified petition signatures filed by Michiganders for Money Out of Politics.

The Legislature will now have 40 days to approve the group’s measure or let the proposal go to the November general election ballot.

The initiative seeks to curb spending by DTE Energy, Consumers Energy and other corporations that have long donated to Michigan candidates from both major political parties.

Backers say the change could reduce the influence of those businesses and encourage more legislators to fight electricity rate hikes. Critics contend it would silence the free speech of employees at such firms.

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“Today is proof that a people-powered movement can stand up to some of the most powerful special interests in Michigan,” Christy McGillivray, co-chair of Michiganders for Money Out of Politics, said in a statement.

The Board of State Canvassers must still approve a 100-word summary for the initiative before it appears on the November ballot, and an opposition group suggested Friday it may take legal action to try to block the proposal before it reaches voters.

The four-member canvassing board includes two Democrats and two Republicans who are tasked with approving the formatting of petitions. The panel does not weigh in on a petition’s content.

Signature scrutiny

Canvassers, attorneys and officials with the Michigan Bureau of Elections spent hours Friday going sheet by sheet through submitted petitions to assess the validity of voter signatures.

Bureau staff had recommended certification after reviewing a sample of the 561,282 signatures the group had submitted, but an opposition committee

representing businesses that could be impacted by the proposal argued more should have been disqualified.

“The petitions are sloppy,” said Gary Gordon, an attorney for Protect MI Free Speech. “They contain numerous errors, including non-existent addresses, dead people signing, individuals not registered to vote and, most egregiously, persons signing multiple times.”

He argued that Michiganders for Money Out of Politics “gamed the system” by filing far more than the 356,958 signatures that were required, “thereby increasing the burden” on Bureau of Elections staff who reviewed them.

Michael Brady, representing Michiganders for Money Out of Politics, countered that even the Bureau of Elections acknowledged it was “best practice to file way more than is required.”

“It’s not my client’s fault that they filed more than they needed to,” he added, calling it “the reality of the game” when it came to circulation.

Michiganders for Money Out of Politics rally — Michiganders for Money Out of Politics, a group looking to bar political spending by the state’s regulated utilities and large state contractors, secured ballot access following a vote by the Board of State Canvassers on Friday. (Jordyn Hermani/Bridge Michigan)

The lengthy back-and-forth prompted Democratic Canvasser Heather Cummings to compare the signature scrutiny to “hanging chads” during a review of Florida ballots in the 2000 presidential election.

In the end, canvassers appeared to agree that 645 signatures in the 1,000-signature sample were valid, just nine more than the 636 threshold the state had recommended for approval.

Citing that narrow margin, a spokesperson for the Protect MI Free Speech opposition committee suggested the group may take legal action to try to keep the measure off the ballot.

“With the massive number of errors and questionable petition signatures exposed, paired with staff mistakes and the margin of error issue, we reserve the right to pursue all options available to us, including legal action,” said the spokesperson, John Sellek.

State Elections Director Jonathan Brater conceded there is credence to some of the signature challenges, but, “ultimately, based on a review of the sample … it remains our recommendation that the petition be determined sufficient” to make the ballot.

Under the state constitution, the Legislature now has 40 days to decide whether to approve the measure and make it law without a public vote, which is unlikely given political divisions. If no decision is made by then, voters will get the chance to decide in November.