Michigan House sues Benson over access to election training materials

Beth LeBlanc, The Detroit News on Jun 5, 2025

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LANSING, Mich. — The Republican-led Michigan House on Thursday sued Democratic Secretary of State Jocelyn Benson in an effort to force her to comply with a House subpoena seeking materials used to train clerks across the state who administer elections.

The lawsuit was filed in the Michigan Court of Claims after the House voted along party lines last week to hold Benson in civil contempt of the House for failing to supply all of the training materials.

"For months, we have tried to get her cooperation through requests, then accommodating offers, and then legal demands," said state Rep. Jay DeBoyer, R-Clay Township. "Her continued defiance now brings us to the courtroom, where we will continue to diligently work to deliver government transparency for the people of Michigan.”

Benson has released most of the requested documents but has withheld some items for several weeks, arguing that her office needs extra time to review some of the requested materials to ensure that no sensitive election data is released.

Benson, speaking to reporters last month, called the House resolution "political games" and argued that the information being withheld includes data that could allow someone to interfere with the chain of custody of ballots, to tamper with election equipment, or to impersonate a municipal clerk.

"We believe at this point a judge should come in and try to mediate this discussion, who can serve as a neutral party and understand the election pieces and the security pieces that our executive branch is required to protect and also understand in a good faith way the oversight and transparency values that the oversight committee ostensibly are pursuing here," Benson said.

The lawsuit filed Thursday asks the court to find the legislative subpoena is supported by a "valid legislative purpose," that Benson's objections to the subpoena are invalid and that the secretary has a legal duty to provide all documents in a timely manner.

House Republicans argued in the lawsuit that Benson, rather than working with lawmakers, had chosen the "non-cooperative path of delay and obfuscation" and had ignored the House's authority to demand documentation from departments.

"...it is well-established that the House has power to secure needed information in order to legislate," the lawsuit said. "Indeed, the House’s power to gather information on a subject of legislative action is an essential corollary of the very power of the House to legislate on that subject."

Last month, Benson argued in a letter that the records should not be released to House Oversight for fear that confidential documents would be shared with the public, compromising the security of elections, according to the suit. She also argued the House’s subpoena was overly broad and burdensome.

The House rejected those arguments in the Thursday lawsuit.

“Defendants have no cognizable legal ground upon which to interpose the objections listed above,” the suit said. “Defendants are neither the sole guardians of election security in the state nor are they the sole gatekeepers of purported sensitive election information.”

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