MIDLAND, Mich. — The Mackinac Center for Public Policy filed a federal lawsuit challenging on First Amendment grounds new campaign finance provisions adopted through Proposal 2.

The lawsuit, which names Secretary of State Jocelyn Benson and Attorney General Dana Nessel as defendants, alleges that the provisions threaten free speech and financial privacy by subjecting everyone — including non-profits, journalists, and everyday citizens — to undue campaign finance regulations. The new law establishes criminal penalties for publishing content that merely refers to candidates before an election.

Represented by the Institute for Free Speech, the Mackinac Center argues that the provisions violate the First Amendment by:

• Regulating speech even when it does not advise people to vote for or against a candidate or ballot question.

• Violating privacy through requiring organizations, media outlets, and others to disclose the names, addresses, occupations, and employers of their financial supporters, including donors, subscribers, and members.

The lawsuit Mackinac Center v. Benson, et al. asks the court to declare the challenged requirements unconstitutional and block their enforcement. These provisions could apply to neutral information and research, news reporting, social media posts, and other communications that help Michigan residents follow public policy debates and evaluate candidates. By discouraging those communications, the regulations prevent voters from receiving important information before an election.

The lawsuit challenges two provisions of the campaign finance law:

• “Electioneering Communications”: Any individual or organization, including media outlets, that spends more than $5,000 a year on communications that reference candidates within 100 days of a general election could be required to disclose financial supporters’ names, addresses, occupations and employers to the state.

• “Campaign Expenditures”: Content that “promotes, supports, attacks, or opposes” a candidate or ballot question could trigger campaign finance requirements — even without urging anyone to vote a particular way. An organization that spends $500 in a year on communications meeting that standard could be required to register as a committee and disclose personal information about its financial supporters to the state.

For the Mackinac Center, those 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. Proposal 2 is an expansive and dangerous assault on the right and ability of people to hold their government accountable.”

“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.”

This lawsuit was filed in the U.S. District Court for the Western District of Michigan, Southern Division on November 3, 2026.

View case details here. View the Institute for Free Speech’s press release here.