Ann Arbor sues to void Proposal E, the public power charter measure, days before voters decide it

ANN ARBOR — Ann Arbor voters will decide Proposal E on Tuesday, but their city government has already asked a judge to throw the measure out, whatever the result.

The city filed a 69-page lawsuit Monday, Oct. 26, in Washtenaw County Circuit Court against Ann Arbor for Public Power, the group behind the proposal, MLive reported. The case is before Judge Patrick Conlin. The city’s legal team includes four city attorneys and two outside lawyers from the Dykema law firm, according to MLive.

Proposal E would amend the city charter to create a board charged with setting up a city-owned electric utility. After a second public vote, that utility would replace DTE Energy as the city’s electric supplier, Michigan Public reported.

What the city argues

The lawsuit says Proposal E is a fundamental change to the structure of city government, which makes it a charter revision, not an amendment, according to Michigan Public. A revision follows a different and harder legal path. The city points to a new division that would not be fully under city control, as other divisions are, and to the transfer of some decision-making authority to the new board. It asks the court to declare the measure “illegal and of no effect,” either before or after the election, MLive reported.

The council laid out its objections in a resolution passed Oct. 5, when members voted 10-1 to direct City Attorney Atleen Kaur to challenge the measure in court, The Michigan Daily reported. We covered that council vote at the time. The resolution says the proposal would give a nine-member board power to acquire property, sign contracts, borrow money and hire staff, while the council could override it only with eight votes. It also says the measure identifies no tax, millage or other funding source, and that buying DTE’s local system could cost hundreds of millions of dollars, possibly more than $1 billion. A 2023 city study put the cost of a municipal utility at $281 million to $1.15 billion, according to The Michigan Daily.

What supporters say

“I think (the lawsuit) is a pretty unfortunate move for our democracy,” Brian Geiringer, executive director of Ann Arbor for Public Power, told Michigan Public. “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 the measure to pass on Nov. 3 and believes the city’s legal arguments are weak, though the group would then need to find money to defend the lawsuit. “We’re planning on winning,” he said. City officials did not respond to Michigan Public’s request for comment.

Not the first court fight

It is the second lawsuit over the measure. In mid-August, the Ann Arbor Responsible Energy Coalition, a group funded almost entirely by DTE, sued over the signature count that put Proposal E on the ballot. It lost in circuit court and at the Michigan Court of Appeals, Michigan Public reported.

The council also faces a complaint of its own. Former council member Elizabeth Nelson filed a state campaign finance complaint Oct. 24 alleging the council broke the law by using public resources to oppose the measure, The Michigan Daily reported. Council member Erica Briggs called it a “bogus complaint, filed in advance of an election.”

How to vote

Michigan’s deadline to register to vote by mail or online was Oct. 19; residents can still register in person at their city or township clerk’s office, with proof of residency, through 8 p.m. on Election Day. Early in-person voting runs Oct. 24 through Nov. 1. Absentee ballot applications are due by 5 p.m. Friday, Oct. 30, by mail or online, or by 4 p.m. Monday, Nov. 2, in person at the clerk’s office. Polls are open 7 a.m. to 8 p.m. Tuesday, Nov. 3. County canvassers must certify results by Nov. 17, and the Board of State Canvassers by Nov. 23.

Sources:
Michigan Public, “Ann Arbor sues A2P2, group behind Proposal E for city-owned utility,” Oct. 29, 2026 (what Proposal E does, revision argument, August DTE-funded suit and outcome, Geiringer quotes, no city comment), https://www.michiganpublic.org/politics-government/2026-10-29/proposal-e-ann-arbor-lawsuit
MLive, “Ann Arbor asks court to declare public power proposal ‘illegal and of no effect’,” Oct. 2026 (69-page filing Oct. 26, Judge Conlin, legal team, relief sought), https://www.mlive.com/news/ann-arbor/2026/10/ann-arbor-asks-court-to-declare-public-power-proposal-illegal-and-of-no-effect.html
City of Ann Arbor, Resolution R-26-396 on Proposal E, Legistar, passed Oct. 5, 2026 (board powers, eight-vote override, no funding source, cost range), https://a2gov.legistar.com/LegislationDetail.aspx?GUID=80182030-6DA1-4373-A66C-5A859D34B9D6&ID=8259216&FullText=1
The Michigan Daily, “City Council opposes Proposal E, directs city attorney to challenge in court” (10-1 vote, Kaur, 2023 cost study), https://www.michigandaily.com/news/ann-arbor/city-council-opposes-proposal-e-directs-city-attorney-to-challenge-in-court/
The Michigan Daily, “Former councilmember files complaint against City Council over Proposal E” (Nelson complaint, Briggs quote), https://www.michigandaily.com/news/news-briefs/former-councilmember-files-complaint-against-city-council-for-opposing-proposal-e/
Michigan Department of State election calendar, via The Mitten Daily’s Election 2026 desk (voting deadlines).
Photo: Michael Barera, “Ann Arbor August 2013 13 (City Hall).jpg,” Wikimedia Commons, CC BY-SA 4.0, cropped and color-adjusted, https://commons.wikimedia.org/wiki/File:Ann_Arbor_August_2013_13_(City_Hall).jpg

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Tags: Ann Arbor · Election 2026 · Proposal E · Public Power · DTE Energy · City Charter