Michigan House Sues Secretary of State Over Subpoenaed Election-Worker Training Materials

The Office of Legal Counsel for the Michigan House of Representatives filed a lawsuit on June 4 against Secretary of State Jocelyn Benson, a Democrat, over her refusal to turn over subpoenaed election materials to the House Oversight Committee.

The lawsuit, filed in the Michigan Court of Claims, requests a declaratory judgment from the court that the Michigan House has issued a valid subpoena and that Benson must comply with it. The lawsuit also requests an injunction prohibiting Benson or the Michigan Department of State from modifying any relevant records.

The House Legal Counsel filed the verified complaint for declaratory judgment and injunctive relief under the authority of House Resolution 117, which states that the “House Office of Legal Counsel is directed to take steps necessary and proper to ensuring compliance with the House’s subpoenas, including the initiation of legal action.”

The filing also requests immediate and expedited consideration by the Court of Claims, the judicial body that resolves all disputes where the state or its agencies are the defendant.

State Department Responds

Michigan Department of State spokesperson Cheri Hardmon said in a June 5 statement that the department is withholding the information because it could be used to compromise election integrity.

“Since the beginning of this saga, Secretary Benson has asked lawmakers to let a court review their request for sensitive election information that, in the wrong hands, would compromise the security of our election machines, ballots, and officials,” Hardmon wrote,” Hardmon wrote.

“The Republican chair of the House Oversight Committee is demanding information that could be used to interrupt the chain of custody of ballots, tamper with election equipment, or impersonate a clerk on Election Day.

“While we are committed to transparency, we will never compromise our duty to ensure Michigan’s elections are safe and secure. We look forward to working with a judge to come to a resolution.”

The department has also produced “more than 3,300 pages of materials and posted them on our website for all to see,” Hardmon said.

Rep. Jay DeBoyer (R-Clay Township), chairman of the House Oversight Committee, said in a statement: “Government actors, regardless of their title, all have a responsibility to uphold their constitutional oath and adhere to the law. Yet Jocelyn Benson, one of the most powerful officeholders in Michigan, must instead be brought to court and forced to comply with Michigan statute.”

This latest action follows multiple state court rulings since 2020 that found Benson’s guidance violated state and federal election law.

After months of communicating with Benson over the disclosure of all requested election training materials, the Oversight Committee voted on April 15 to subpoena the information.

The subpoena, which was served on April 22, gave Benson until May 13 to turn over the materials. That deadline was extended to May 22 at 11 a.m.

When the Department of State did not fully comply with the House subpoena by that deadline, the House of Representatives voted along party lines the same day to hold Benson in civil contempt.

The 110-member Michigan House of Representatives is made up of 58 Republicans and 52 Democrats.

On May 19, Attorney General Dana Nessel, a Democrat, also found that Benson had violated the Michigan Campaign Finance Act by using the lobby of a state office building to announce her candidacy for the Democratic nomination for governor. 

The Jocelyn Benson for Governor campaign committee said Benson’s use of the lobby was not a violation because Benson was not acting in her professional capacity as secretary of state but was there in her capacity as a candidate for governor on her own “personal time,” according to the attorney general’s notice letter.