A Washtenaw County judge on Tuesday dismissed a case arguing the Ann Arbor City Clerk wrongly approved a ballot initiative that would set the city on a course to create a municipal electrical utility.
The Ann Arbor Responsible Energy Coalition filed a suit against City Clerk Jacqueline Beaudry and the city of Ann Arbor over Beaudry’s decision to certify petitions for the Ann Arbor for Public Power ballot proposal.
If the proposal is approved, the city charter would be amended to create a municipal electric utility and set elections for its governing board for 2028. According to the ballot committee, DTE Energy, which currently supplies power to the city, would continue to provide electrical service until Ann Arbor residents vote to approve acquisition of local energy infrastructure in another referendum.
DTE stands opposed to the proposal, citing an analysis it commissioned from the consulting firm Charles River Associates which places the up-front costs of a shift to municipal power at $1 billion. Ann Arbor for Public Power argues those costs are wildly inflated, and that the shift would carry benefits like more clean energy, lower rates and improved reliability.
According to reporting from Michigan Public, the Ann Arbor Responsible Energy Coalition — which is financially supported by DTE— argues that Ann Arbor for Public Power did not submit enough valid signatures to make the ballot, and that Beaudry had improperly allowed the group to submit additional sheets after her initial canvass.
The group also argued that the ballot question includes more than one topic, in violation of the Home Rule City Act, which requires proposed charter amendments to focus on one subject.
However, Judge Patrick J. Conlin accepted the city’s request for summary disposition, determining Beaudry’s decision to accept signatures in batches was not a violation of the law and that she had acted in accordance with the Michigan Home Rule City Act.
In a statement shared with Michigan Advance, the Ann Arbor Responsible Energy Coalition expressed disappointment with Conlin’s decision.
“Michigan law sets strict, clear rules for how ballot petitions must be gathered and filed, and we continue to believe those rules were not followed here,” said Rudy Harper, the group’s spokesperson. “The stakes — a proposed city takeover of the electric grid carrying an estimated $1 billion in new debt — demand a petition process that meets the letter of the law.”
The group has since appealed.
In a statement to Michigan Advance, Ann Arbor City Attorney Atleen Kaur said, “We are pleased that the Court correctly recognized the Clerk’s canvass was compliant with the Home Rule City Act.” She noted that the city will evaluate the Ann Arbor Responsible Energy Coalition’s appeal and respond accordingly.
Ann Arbor for Public Power cheered Conlin’s decision.
“Ann Arbor residents want their electric bill payments to fund grid maintenance and renewable power, not corporate profits and baseless lawsuits,” said Brian Geiringer, the group’s executive director. “We look forward to making the case for public power this fall.”
