Michigan’s Attorney General Says Secretary of State Violated Campaign Finance Act

The attorney general says she doesn’t have the power to impose penalty on Michigan’s Secretary of State Jocelyn Benson for the infraction.

Michigan's Secretary of State Jocelyn Benson provides an update on the election to a TV camera at Huntington Place in downtown Detroit, Mich., on Nov. 5, 2024. Davslens Photography for the Epoch Times

Michigan’s Attorney General Dana Nessel said the state’s Secretary of State Jocelyn Benson has been found to have violated the Campaign Finance Act, but will face no penalty due to a quirk in the statute.

Both Benson and Nessel are Democrats.

A May 19 advisory from Nessel’s office stated that on Jan. 22, 2025, Benson hosted a press conference announcing her candidacy for governor of Michigan inside the Richard H. Austin Building, a state government-operated office facility in Lansing that houses the Department of State, the Bureau of Elections, and other state agencies.

The advisory stated that Benson’s use of the lobby of the Richard H. Austin Building was for a partisan political purpose, in violation of the Michigan Campaign Finance Act (MCFA).

The Michigan Department of State, which usually has jurisdiction over such matters, referred the complaints to the Office of the Attorney General for independent review, as required by state law.

The Office of the Attorney General’s May 19 notice of violation letter sent to the Department of State stated that the Austin Building is operated by the Department of Technology, Management, and Budget (DTMB), which specifically prohibits partisan events inside the facility.

The letter stated that the policy is spelled out in the Administrative Guide to State Government and that the Department of State “recognizes” Benson’s action as a violation of Michigan law.

Benson’s Defense

The Jocelyn Benson for Governor campaign committee said Benson’s use of the lobby was not a violation.

According to the attorney general’s notice letter, the committee said that 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,” expressing her own “personal views.”

The attorney general’s letter stated that Benson, wearing office attire, invited reporters to a press conference inside the building that houses her professional office on a workday morning.

“She gave no indication that would lead a reasonable person viewing the press conference to believe that she was there on her ‘personal time,’ the letter said.

According to the letter, Benson said at the press conference that she invited the media to come inside due to sub-zero temperatures and double-digit wind speeds that morning. Benson also said she believed that other candidates could use the lobby provided, and any candidate or committee has an equal opportunity to do so.

The attorney general’s letter stated that Benson’s belief was “misplaced” in light of the specific prohibition of partisan events inside the Austin Building imposed by the Department of Technology, Management, and Budget, which operates the building.

The department does allow such events to be held outdoors, according to the letter.

Michigan Attorney General Dana Nessel speaks during a news conference in Lansing, Mich., on March 5, 2020. David Eggert/AP Photo

According to the letter, Benson’s campaign committee also said that she had a right under the First Amendment of the United States Constitution to hold the press conference in the lobby and that the prohibition served no legitimate purpose because it did not interfere with government activities.

The AG’s office said the committee’s First Amendment argument is “unpersuasive.”

“Prohibiting candidates from conducting press conferences and other partisan political activities in a government office building” has a reasonable purpose. It prevents interference with “entering, exiting, moving throughout, and conducting business in the building,” the letter said.

No Fine Levied

Nessel said in the letter that her office lacked the legal authority to penalize the secretary of state for the violation of the Michigan Campaign Finance Act (MCFA).

Under the MCFA, a violator could be assessed a civil fine of not more than $1,000.

According to the letter, under the act, fining a violator is the statutory prerogative of the Department of State and not the Office of the Attorney General.

“The MCFA is completely silent as to how the attorney general is to resolve a complaint after determining that the secretary of state has violated the act. There is no provision allowing the attorney general to issue an order requiring a civil fine following a hearing,” the letter stated.

“Consequently, the attorney general is left with no choice but to simply identify the violation, remind the secretary of state of her obligations under MCFA, and warn her against violating them in the future.”

It is unclear whether the Department of State would fine Benson based on the attorney general’s findings.

Neither Benson nor Nessel responded to a request for comment by publication time.

Complainants

Political activist Christian Charette, 22, of Livonia, Michigan, told The Epoch Times he learned of Benson’s violation through media reports, documented her actions, and then filed a complaint.

Charette, a public library employee, said he had been fined $175 for neglecting to print a disclaimer on a campaign-related business card. He said he was “deeply disappointed” by the lack of penalty resulting from Nessel’s investigation and is considering further legal action.

He commended Nessel for at least “acknowledging what we all knew: Benson broke the law.”

“The entirety of the American justice system relies on the notion that no one is above the law. When the notion is violated ... the people lose faith,” he said.

Complainant Monica Ross-Williams told The Epoch Times that her experience as an elected public official in the Charter Township of Ypsilanti taught her about the requirements of Michigan’s campaign finance laws.

With that knowledge, she alleged that Benson’s use of the lobby of the Austin Building created “an unfair advantage” for herself in her bid for governor.

Ross-Williams said her allegations were validated by the AG’s finding and that Benson, the state’s chief elections officer, must be subjected to the penalties prescribed in the Michigan Campaign Finance Act.

“All public officials should be held to account when they violate the law,” she said, adding that she plans to file a complaint against Benson with the State Board of Ethics.

She said it is up to the state legislature to close the gaps in the statutes governing the assessment of penalties.