House Republicans file lawsuit against Michigan's secretary of state over subpoena fight
Secretary of State Jocelyn Benson speaks to reporters after launching her campaign for governor in Lansing, Mich., on Jan. 22, 2025. (Photo by Andrew Roth/Michigan Advance)
The Republican-led Michigan House of Representatives announced Thursday that it has filed a lawsuit against Democratic Secretary of State Jocelyn Benson for her alleged failure to comply with a subpoena issued by the chair of the chamber's oversight body.
The complaint, House of Representatives v. Benson, filed in the Michigan Court of Claims on Wednesday, follows the House Oversight Committee's request for election training materials from Benson and her office, which resulted in a subpoena.
House Oversight Committee Chair Rep. Jay DeBoyer (R-Clay Township) last month asked the full chamber to hold Benson in civil contempt for her alleged failure to provide the materials, which the House moved as a resolution later that day.
Now, the chamber's Republicans have sued Benson seeking a declaratory judgment holding that the House issued a valid subpoena to which the secretary of state must comply. That lawsuit also seeks an injunction prohibiting Benson or the Michigan Department of State from modifying relevant records in the initial request.
A request for comment from the department or Benson was not immediately returned. Benson however in a press conference when the House held her in contempt said the move was a political stunt and that if they wanted to go to court, she would see them in court.
In a statement, DeBoyer said his commitment to bringing accountability to Lansing wasn't lip service.
'After going years without legislative oversight, Benson has clearly grown comfortable operating independent of the other, co-equal branches of government,' DeBoyer said. 'For months, we have tried to get her cooperation through requests, then accommodating offers, and then legal demands. 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.'
DeBoyer added that all government officials, regardless of their title, each of them have a responsibility to uphold their constitutional duties and adhere to the law.
'Yet, Jocelyn Benson, one of the most powerful office holders in Michigan, must instead be brought to court and forced to comply with Michigan statute,' DeBoyer said. 'We will not let her disregard for the law keep us from delivering results to the people we represent.'
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