Nonprofit charged with campaign finance violations in Michigan – Planet Detroit

The Michigan Department of State found that the nonprofit Our Home Our Voice committed a “potential violation” of Michigan campaign finance law by raising money for a ballot issues committee seeking to repeal Michigan’s renewable energy siting law.

The law could allow energy developers to overcome restrictive local ordinances that block the construction of large-scale wind and solar projects, helping Michigan reach its goal of 100% clean energy by 2040.

Those who supported the Citizens for Local Choice ballot initiative said they wanted decisions about large renewable energy projects to stay in the hands of local officials. Opponents argued that restrictive local ordinances blocked projects that could be a lifeline for struggling farmers and limited property rights.

This MDS move follows a report from Planet Detroit that OHOV, a 501(c)(4) organization, appeared to solicit donations for the ballot initiative and donated $54,200 to the House Issues Committee. vote.

Although the MDS refers to a “potential violation,” Mark Brewer, an attorney who filed the complaint against OHOV, told Planet Detroit that the department’s letter states “they concluded that there was a violation.”

“If the (nonprofit) organization raised this money for the sole purpose of transferring it to the ballot issues committee,” Brewer said in March, “they are essentially hiding the donors.”

501(c)(4)s are generally not required to disclose donors, but using such a group to hide donations could be a crime if the nonprofit was raising money specifically for the ballot initiative, Brewer said.

Brewer filed a complaint with the Michigan Bureau of Elections on behalf of John Tuckerman, a Lenawee County landowner, alleging that OHOV had worked as an “unregistered ballot issue committee to achieve its goals.”

James Biehl, an attorney with the Michigan Department of State, wrote Thursday that “the Department has reviewed the evidence submitted in this case and believes that sufficient evidence has been presented to support the conclusion of a potential violation of the (Michigan Campaign Finance Act). ).”

OHOV will have ninety days to reach an agreement with MDS, which could include fines. If that does not happen, the Michigan Secretary of State could refer the matter to the Michigan Attorney General for criminal enforcement, or a hearing could be scheduled to enforce a civil infraction.

Brewer said that in his experience, “99 percent of these cases get settled.”

The MDS letter cites Facebook posts from December as evidence that OHOV was working as a ballot issues committee.

Planet Detroit previously reported that on November 21 and 23, Citizens for Local Choice committee member Norman Stephens shared OHOV posts on various anti-wind activist group pages, soliciting donations that appeared to support the ballot initiative.

“We are looking at a very expensive statewide approach, with an estimated seven-figure cost. You saw correctly, a SEVEN-FIGURE EXPENSE,” the group wrote.

Kevon Martis, Lenawee County commissioner and co-founder of Our Home Our Voice, previously said the ballot initiative would cost between $7 million and $10 million.

Brewer said Friday he was pleased with the outcome of the complaint.

“This is a big victory for transparency,” he said. “That’s how the law should work.”