Michigan House Votes to Hold Secretary Benson in Contempt
- May 27
- 8 min read
May 22, 2025. The Michigan House of Representatives votes to hold Secretary of State Jocelyn Benson in contempt. Pictured left to right: Rep. Ann Bollin, Chair House Appropriations Committee; House Speaker Pro Tempore, Rachelle Smit, Chair of House Election Integrity Committee; and Rep. Jay DeBoyer, Chair, House Oversight Committee. Photo source: Michigan House Republicans.
By Patrice Johnson, Chair of Michigan Fair Elections Institute
May 27, 2025
The Michigan House of Representatives escalated its standoff with Secretary of State Jocelyn Benson on May 22 with a vote to hold her and the Michigan Department of State (MDOS) in contempt for failing to comply with legislative subpoenas requesting election training materials for county, city, and township clerks.
The House's vote to hold Benson and her Department of State in contempt marks a new level of confrontation in a dispute brewing for months.
House Speaker Pro Tempore Rachelle Smit (R-Martin) released a statement following the contempt vote, highlighting the House’s persistence: “For seven months, we’ve given Secretary Benson every opportunity to sit down with us and discuss the training process for clerks and their staffs. I made my first information request in November of last year. Since then, we’ve gone back and forth repeatedly as MDOS has blocked our access to the materials used to train our clerks and their staffs.” Joining Smit at the podium were Rep. Ann Bollin (R-Brighton Township), Chair of the House Appropriations Committee, and Rep. Jay DeBoyer (R-Clay Township), Chair of the House Oversight Committee.
Smit, as a former clerk, had access to the requested information, so “accessing it now should not be controversial,” she explained. "Our election law has changed so much in the last two years. It makes sense that Secretary Benson would have to update training materials in accordance to those changes in law. However, the training directives given by Secretary Benson have been deemed unlawful by Michigan courts seven times.”
On Oct 9, 2024, MFEI reported eight election integrity lawsuits in which judges ruled against SOS Benson. (See lawsuits and rulings below.)
An Issue of Election Transparency Amid Growing Legislative Concerns
The vote stems from a series of letters dated May 16, 2025, from Michael J. Pattwell of Clark Hill, representing the House, to Heather S. Meingast of the Michigan Department of Attorney General. These letters detail subpoenas issued on April 22, 2025, requesting specific records, including training materials, presentations, and communications from the Bureau of Elections, as well as documents related to Benson’s 2024 election guidance on absentee ballots, voter registration, and election audits.
The House Oversight Committee asserts its authority to request these materials under House Rule 36 and the Michigan Constitution, Article IV, § 16, which grants the legislature investigative powers Michigan Constitution.
Rep. Smit, at the forefront of the issue, said, “Secretary Benson has a proven record of failure, and the public deserves to check her work.”
House Speaker Matt Hall (R-42) expressed his frustration on May 22 on X, stating, “Secretary Benson’s refusal to comply with a lawful legislative subpoena is an affront to every Michigander who expects transparency and accountability from their government.”
According to Attorney Pattwell's memo (enclosed below), the legislature delegates nearly all of the secretary of state’s power, implying the legislature could also revoke those powers. The memo stated that courts had many times held “that it is within the power of the Legislature to regulate the elective franchise.”
Page four, paragraph 5 discusses the information sought and the House’s authority:
Pattwell argues that the secretary of state’s election-related duties fall under the legislature’s supervisory power and oversight authority of election administration. “The House Oversight Committee exercises a vitally important role in providing legislative oversight over this function of the Executive Branch of government.”
The attorney letters argue that Benson’s six-month refusal to fully comply — producing 68 of 517 requested items — violates her duties as Michigan’s chief election officer under Michigan Compiled Law 168.21. The letters dismiss Benson’s objections, including her claims of no legitimate legislative purpose, confidentiality concerns, and the burdensome nature of the requests.
Pattwell cites legal precedents like Trump v. Mazars USA, LLP(2020), which upheld subpoena powers for legislative purposes Trump v. Mazars USA, LLP, 591 U.S. (2020), and Watkins v. United States (1957), affirming investigative authority Watkins v. United States, 354 U.S. 178 (1957). He also references Michigan case law, such as Davis v. Sec’y of State, 506 Mich 896 (2020), which challenged Benson’s election policies. In addition, he cites historical Attorney General opinions like OAG, 1975-1976, No. 4998, p. 421, that argue against withholding records.
The letters also highlight concerns from a 2024 Michigan Auditor General report, which identified discrepancies in voter rolls and absentee ballot processing. Prior audits, such as the Office of the Auditor General's 2022 report, found 2,775 votes cast by deceased voters across eight elections, suggesting ongoing issues with voter roll accuracy (Michigan Auditor General Reports).
Pattwell accuses Benson of “stonewalling” and warned that failure to comply by 11:00 a.m. on May 22, 2025, would lead to contempt proceedings:
“The Michigan House of Representatives cannot countenance the obstruction of its preeminent constitutional duty to regulate and safeguard the purity of this State’s elections”
In response to the House's vote of contempt, Secretary of State Jocelyn Benson issued a statement, defending her position.
I believe in oversight and transparency. That’s precisely why our department has voluntarily complied with providing thousands of pages of documents used to train and educate our local clerks. However, I also have a duty to protect the security of our elections from politicians seeking information that would enable someone to interfere with the chain of custody of ballots, tamper with election equipment, or impersonate a clerk on Election Day.
Benson further criticized the House’s approach, calling it “government rooted in bullying and chaos.” She expressed her willingness to resolve the matter through mediation or in court.
The conflict highlights a deeper struggle over control of Michigan’s election system.
The dispute underscores broader tensions over election oversight in Michigan, with the House alleging that Benson’s actions erode public trust. With the vote to hold Benson and the MDOS in contempt of the House, the next steps remain uncertain. But if the House pursues its resolution, the state could see a landmark case on the role of legislative oversight and authority versus that of the secretary of state.
The outcome of this clash could set a precedent for legislative authority over election administration in Michigan and beyond as the 2026 elections approach.
Lawsuits and court rulings against SOS Benson regarding election administration
On Oct 9, 2024, MFEI listed the eight election integrity lawsuits below in which judges had ruled against Secretary of State Benson. See Michigan court rules against SOS Benson for guiding clerks to count mismatched mail ballots:
RNC v Benson. Case No. 24-000148-MZ, Court of Claims, Oct. 10, 2024.
Judge Brock Swartzle ruled to ensure mail ballots are cast and counted properly. Requires ballot serial number matching.
RNC v Benson, Case No. 24-000143-MX, Court of Claims, Sep. 27, 2024
Registrant signature on absentee ballot envelope must match signature on file.
RNC v Benson, Case No.24- 000041 Court of Claims. On July 30, 2024, Judge Christopher Yates of the Court of Claims ruled, “The ‘initial presumption”’ of validity in signature verification of absentee-ballot applications and envelopes mandated by the December 2023 guidance manual issued by Defendants is incompatible with the Constitution and laws of the state of Michigan, and (b) the catch line referring to an ‘initial presumption of validity’ in R 168.22 of the Michigan Administrative Code is incompatible with the Constitution and laws fo the state of Michigan.”
Genetski v Benson. Case No. 20-000216-MM;
"The guidance issued by the Secretary of State on October 6, 2020, with respect to signature matching standards was issued in violation of the Administrative Standards Act," per Judge Christopher Murray, Court of Claims, Mar. 9, 2021.
Davis v Benson. Case No. 20-000207-MZ October 27, 2020, Judge Christopher Murray issued an injunction against the SOS's directive to ban the open carry of firearms in polling places.
Carra v Benson. Case No. 20-000211-MZ; Judge Cynthia Stephens issued a preliminary injunction against Benson and Brater’s legally unauthorized poll challenger directives.
Johnson v Benson. Civil Action No. 1:20-cv-948; On October 19, 2020, United States District Judge Paul Maloney ordered Benson to revise her guidance to comply with statute regarding the time and manner of election processes.
O’Halloran v Benson. Case No. 22-000162-MZ. On October 20, 2022, Court of Claims Judge Brock Swartzle ordered Benson to revise her poll challenger guidelines to comply with Michigan Election Law.
Patrice Johnson is founder and chairperson of Michigan Fair Elections (MFEI) and Pure Integrity Michigan Elections (PIME). Patrice has founded five successful technology companies and served as senior executive with a Fortune 50 technology company. In 2017, she authored the book, the Fall and Rise of Tyler Johnson, the basis of a PBS documentary film, Finding Tyler. Questions or comments? Contact patrice@mifairelections.org.
Artificial intelligence agents were used in the creation this article.
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