Nonprofit accused of campaign finance violation in Michigan – Planet Detroit #NewsUnitedStates

The Michigan Department of State has found that the nonprofit Our Home Our Voice committed a “potential violation” of Michigan campaign finance law with its fundraising for a ballot question committee looking to repeal Michigan’s renewable energy siting law.

The law could allow energy developers to overcome restrictive local ordinances that block large-scale wind and solar projects from being built, helping Michigan meet its 100% clean energy goal by 2040.

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

This MDS decision follows a Planet Detroit report that found that OHOV, a 501(c)(4) organization, appeared to solicit donations for the ballot initiative and donated $54,200 to the ballot question committee.

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 indicates “they’ve concluded there’s a violation.”

“If the (nonprofit) raised that money for the purpose of simply transferring it to the ballot question committee,” Brewer said in March, “they’re basically hiding donors.”

501(c)(4)s are generally under no obligation to disclose donors, but using such a group to hide donations could be a crime if the nonprofit was fundraising specifically for the ballot initiative, Brewer said. 

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

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

OHOV will have ninety days to reach a settlement with the MDS, which could include fines. If this doesn’t happen, the Michigan Secretary of State could refer the issue to the Michigan Attorney General for criminal enforcement, or a hearing could be scheduled to enforce a civil violation.

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

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

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

“We’re exploring a very costly statewide approach with an estimated seven-figure expense. You saw that right, a SEVEN-FIGURE EXPENSE,” the group wrote.

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

Brewer said on Friday that he was satisfied with the outcome of the complaint.

“This is a great victory for transparency,” he said. “This is the way the law should operate.”