AG's office: Jocelyn Benson violated state law in announcing run for governor
The Michigan Department of Attorney General found that Secretary of State Jocelyn Benson violated Michigan's campaign finance law when she held a press conference to announce her campaign for governor in a state building.
Benson used the lobby of the Richard H. Austin Building in Lansing for the Jan. 22 press conference, prompting complaints alleging her use of the space was illegal under Michigan's campaign finance law, which generally prohibits a public official from using public resources for campaigning.
Benson's campaign initially scoffed at the allegations that her use of the lobby constituted a violation of that law. But the Michigan Department of Attorney General reached a different conclusion.
However, the Michigan Department of Attorney General found that it cannot impose a civil fine or criminal penalty like it can on other candidates who violate the law because the law excludes the secretary of state.
"Such unequal treatment is something the Legislature may want to consider addressing," wrote Joshua Booth — Division Chief of the Opinions Division for the Michigan Department of Attorney General — in the May 19 letter finding Benson violated the law.
Angela Benander, Chief Communications Officer for the Michigan Department of State, declined to comment, referring the Free Press to Benson's campaign for comment. The campaign's Communications Director, Alyssa Bradley, said in a May 19 statement: "We understand the Attorney General is issuing a new interpretation of the law. We look forward to continuing the conversation with Michiganders about Jocelyn Benson's vision to make our state the best place to be a kid, raise a kid, and call home by lowering housing costs, making our schools among the best in the nation, and standing up for our rights and freedoms."
When Benson spoke to reporters during the press conference inside, she said that she didn't want people to stand outside in the cold when asked by a Free Press reporter about her decision to hold the event indoors. She also said that other candidates could use the same venue for similar campaign press conferences.
Ordinarily, the secretary of state's office handles complaints alleging campaign finance violations. But the law requires any complaints alleging a violation by the secretary of state be referred to the Department of Attorney General.
Benson's campaign argued that when Benson held the press conference, she was there in her "personal capacity" on her "personal time" to express her "personal views," according to Booth's letter. Booth dismissed the argument.
"Secretary Benson invited members of the press inside the Austin Building and then conducted a press conference, professionally dressed, during the day, in the lobby of the building that houses her office," he wrote. Booth also noted that the building is operated by the Department of Technology, Management, and Budget, which allows partisan political events outside its facility but not inside. "Secretary Benson's statements at the press conference show that she believed that other candidates could use the Austin Building lobby for similar announcements. But Secretary Benson's belief was misplaced," Booth wrote.
Michigan Politics: Benson campaign denies wrongdoing after complaint filed upon launch of campaign
Benson plans to tout her leadership of the Michigan Department of State as she runs to succeed Gov. Gretchen Whitmer, who cannot run again due to term limits. Her opponents in the race will likely seize on the finding that Benson as the chief elections officer violated the campaign finance law.
In addition to Benson, the Democratic side of the governor's race features Lt. Gov. Garlin Gilchrist II and Genesee County Sheriff Chris Swanson. The Republican candidates include former Attorney General Mike Cox, U.S. Rep. John James of Shelby Township, Senate Minority Leader Aric Nesbitt, R-Porter Township, and Anthony Hudson, who describes himself on his campaign website as a Texas native who fell in love with Michigan. Detroit Mayor Mike Duggan is running as an independent candidate.
(This story was updated to add new information.)
Contact Clara Hendrickson at chendrickson@freepress.com or 313-296-5743.
This article originally appeared on Detroit Free Press: AG's office finds Jocelyn Benson broke campaign finance law
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