When voters head to the polls, they expect their choices to reflect the will of the community. But in Ann Arbor, Michigan, a citizen-led ballot initiative is navigating an unusually complex legal landscape — one that raises real questions about how ballot measures reach voters in the first place, and what happens when the democratic process is contested at multiple levels.
At the center of the dispute is Proposal E, a measure on Ann Arbor’s November ballot that would create a new board responsible for establishing a city-owned electric utility. If voters approved Proposal E and then passed a second vote, the city would replace DTE Energy as its electric provider. The grassroots group Ann Arbor for Public Power (A2P2) has been pushing for the measure, arguing that residents deserve a say in who powers their city.
Getting to Election Day has not been straightforward. In mid-August, a group called Ann Arbor Responsible Energy Coalition — funded almost entirely by DTE — sued to try to keep the proposal off the ballot, claiming the City Clerk mishandled the counting of petition signatures. That effort failed — the group lost in circuit court and again on appeal to the Michigan Court of Appeals.
Now, a second legal challenge has emerged. This time, it is not a private interest group filing suit — it is the City of Ann Arbor itself asking the courts to declare Proposal E invalid. The move is unusual — it means the city is asking courts to invalidate a citizen-initiated ballot question.
What the City’s Lawsuit Claims
The city’s legal complaint centers on a technical but important distinction in municipal law: the difference between amending a city charter and revising it. A2P2 submitted Proposal E as a charter amendment, which follows a more straightforward path. But the city argues the measure actually constitutes a charter revision — a more demanding process that the group did not follow.
The city’s complaint says Proposal E would make fundamental changes to city government: creating a new city division not fully under the city’s control, and shifting certain decision-making authority to the new utility board. In the city’s view, those kinds of structural changes require a revision process, not an amendment. City officials did not respond to a request for comment on the lawsuit.
Ann Arbor City Council had already voted earlier this month to formally oppose Proposal E, signaling that elected officials and the citizen group are now on opposing sides heading into Election Day.
A2P2 Calls the Lawsuit Political
Brian Geiringer, Executive Director of A2P2, pushed back firmly on the city’s legal action, framing it as an attempt to undermine the democratic process rather than address a genuine legal question.
“I think (the lawsuit) is a pretty unfortunate move for our democracy,”
Geiringer said.
“I think that Ann Arborites really value free and fair elections. This really just feels like city council is attempting to prejudice voters against Proposal E, so it seems that this is political rather than really a legal issue.”
Geiringer said he expects Proposal E to pass on November 3 and that his group believes the city’s legal arguments are weak. He acknowledged that a victory at the ballot box would require A2P2 to find the resources to defend against the ongoing lawsuit — but said the group is prepared for that.
When asked what happens if the measure does not pass, Geiringer was direct:
“We’re planning on winning. But if it doesn’t pass … we should defend the concept itself for if we, or if other other groups, choose to pursue a similar path in the future.”
He also pointed to what he sees as sustained public interest in the idea of a city-owned utility, regardless of how the vote goes.
“What’s become clear through this year’s campaign is that there is a huge appetite within Ann Arbor to at least explore the public power option,”
Geiringer said.
“And in basically any scenario I see Ann Arbor for Public Power advocating for city council to pursue a second feasibility study that would give people a direct answer to what would happen if the city municipalizes.”
Whether Proposal E survives its legal challenges and what voters ultimately decide on November 3 will determine the next steps for both the city and A2P2. Original reporting on this story was produced by Tracy Samilton and is made available under a Creative Commons Attribution-ShareAlike 4.0 license.
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