Michigan House Sues Secretary of State Over Election Files (1)

Michigan’s GOP-led House of Representatives sued the Democratic secretary of state on Thursday, saying she illegally defied subpoenas for election-related materials sought by a committee.

Republican lawmakers, since last November, have requested access to training materials the office of Secretary of State Jocelyn Benson sends to local clerks on administering elections. The formal ask came in February by the chair of the House Election Integrity Committee, according to the lawsuit filed in the Michigan Court of Claims.

But “rather than aid the House in its constitutional duty to safeguard the purity of Michigan elections, Defendants chose a non-cooperative path of delay and obfuscation,” the lawsuit says. Benson has objected, in part, out of fear of how the materials may be used to adversely affects elections.

The House Oversight Committee in April issued subpoenas for the desired materials, but Benson has only produced 68 of the 517 responsive documents and lodged “meritless objections,” the suit states. This led the House to find Benson in civil contempt in May.

The House seeks a court’s ruling that the subpoenas have “a valid legislative purpose,” that Benson’s objections lack merit, and that she has a duty to produce the documents responsive to the subpoenas. It also seeks a preliminary injunction to prevent the destruction of the documents.

“Our commitment to bring accountability to Lansing is not just lip service,” state Rep. Jay DeBoyer (R), who chairs the House Oversight Committee, said in a news release announcing the lawsuit. “After going years without legislative oversight, Benson has clearly grown comfortable operating independent of the other, co-equal branches of government.”

The suit was filed two days after seven other Republican state representatives moved Tuesday to impeach Benson “for corrupt conduct in office and for crimes and misdemeanors.”

A spokeswoman for Benson said in a news release that the secretary of state looks forward to a judge resolving the dispute. The State Department produced more than 3,300 pages of materials in response to the House Republicans’ requests, said the spokeswoman, Cheri Hardmon.

“Let’s be clear—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,” Hardmon said. “While we are committed to transparency, we will never compromise our duty to ensure Michigan’s elections are safe and secure.”

The House is represented by Clark Hill PLC.

The case is Michigan House of Representatives v. Benson, Mich. Ct. Cl., No. 25-000096-MZ, filed 6/5/25.