Latest news with #MichiganCampaignFinanceAct
Yahoo
20-05-2025
- Business
- Yahoo
Michigan House holds oversight hearing on the Michigan Transparency Network
LANSING, Mich. (WLNS)– Today, two Michigan House of Representatives committees will host a joint hearing to investigate the Michigan Transparency Network. The committees claim it is 'riddled with serious flaws.' The Oversight Committee and the Appropriations Subcommittee on General Government will meet at the State Capitol at 9 a.m. to question the Department of State on the Michigan Transparency Network (MiTN). Secretary of State Jocelyn Benson introduced the new financial disclosure system last year, after Michigan voters decided in 2022 that they should have public access to the details of their lawmakers' and candidates' finances. Governor Gretchen Whitmer, Lt. Governor Garlin Gilchrist II, Attorney General Dana Nessel, State Senators, and Representatives, for example, must file financial disclosure reports in the system, as well as interactions with lobbyists. Republican Representatives claim that state officials, political organizations, and lobbyists struggle to submit the required reports because they say the system is 'hard to navigate.' Yesterday, Michigan Attorney General Dana Nessel and her office concluded that Secretary of State Jocelyn Benson violated the Michigan Campaign Finance Act (). Secretary of State Jocelyn Benson violates Campaign Finance Act, Attorney General confirms In January, the Michigan Republican Party filed a complaint against Secretary Benson, alleging that her use of the lobby violated state election law. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Yahoo
20-05-2025
- Politics
- Yahoo
Jocelyn Benson violated campaign finance act, Michigan attorney general says
The Brief The Michigan attorney general says Jocelyn Benson violated campaign finance law when she announced her candidacy for governor. Benson's press conference announcing the run took place inside the lobby of the Austin Building, despite rules precluding public officials from using public spaces for non-official reasons. Due to a quirk in the Michigan Campaign Finance Act, the attorney general said she did not have the authority to impose any penalties on Benson. (FOX 2) - The Michigan Attorney General says Jocelyn Benson violated state campaign finance laws when she announced her campaign for governor. The current secretary of state announced her bid for governor in January, addressing the media from the lobby of a government-owned building in Lansing. Big picture view Benson's announcement that she was running for governor of Michigan inside the Richard H. Austin Building violated the Michigan Campaign Finance Act, state Attorney General Dana Nessel's office says. In an opinion released Monday, Nessel's chief of opinions, Joshua Booth said Benson violated a section of the MCFA that prohibits a public official from using funds, personnel, office space, computer hardware, or other public resources to contribute to a candidate. However, Booth also found the attorney general only has authority to find whether the secretary of state violated the law - she cannot impose any penalty. "It is determined that Secretary Benson's use of the Austin Building lobby space to hold a press conference to announce her gubernatorial candidacy is aviolation of section 57 of the MCFA," the opinion reads. The backstory Benson announced her candidacy for governor for the 2026 election on Jan. 22 while in Lansing. During the press conference, she made a statement before taking questions from the press. At one point, a reporter asked why Benson was holding the press conference inside. She responded she didn't want people to stand in the cold weather, according to the opinion. When a reporter asked if other candidates could use the lobby of the building - which is operated by the Department of Technology, Management, and Budget (DTMB) - she replied "of course." The announcement drew the ire of Republican groups crying foul over the alleged violation. The Michigan GOP filed a complaint against Benson days later. Dig deeper The Michigan Secretary of State is required by law to refer campaign finance complaints to the attorney general - even complaints against the secretary of state. However, in writing his opinion, Booth found there is no means by which the attorney general can fine the secretary of state to resolve a violation. "Consequently, the Attorney General is left with no choice but to simply identify the violation, remind the Secretary of State of her obligations under the MCFA, and warn her against violating them in the future," the opinion read. The Source A letter outlining the investigation's results from the Michigan Attorney General was used while reporting this story.
Yahoo
19-05-2025
- Politics
- Yahoo
AG: Benson gubernatorial announcement in public building violated campaign finance act
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 secretary of state's use of a government building – one that houses the department she oversees – to announce her candidacy for governor violated Michigan's campaign finance laws, the Department of Attorney General said Monday. That said, the department noted it did not have the authority to impose any civil penalties against Secretary of State Jocelyn Benson, nor any criminal penalties outlined in the law. Benson jumped into the 2026 gubernatorial ring on January 22 with a press conference held in the lobby of the Austin building. Benson said then that the announcement was being held inside the building due to the cold weather. Reporters at the event questioned whether other candidates could also use the lobby for similar announcements, with some noting that other candidates had not been allowed to do so in the past. Benson says she's focused on 'efficiency and transparency' in Michigan governor campaign Benson told reporters that other candidates could use the lobby if they'd like to announce their campaigns – which led to complaints from Republicans. In a letter sent to Benson on Monday, Joshua Booth, chief of the opinions division with the Department of Attorney General, said the secretary of state had violated a portion of the Michigan Campaign Finance Act. That said, Booth wrote that the Jocelyn Benson for Governor campaign committee had not violated the law because it was not a public body and because there was no allegation that the campaign committee was acting on behalf of a government body. The act prohibits candidates from using public funds, personnel, office space, equipment and other property paid for by public resources. In that regard, Booth said Benson herself violated the act. '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,' Booth wrote. 'She gave no indication that would lead a reasonable person viewing the press conference to believe that she was there on her 'personal time.' Instead, the circumstances would lead a reasonable person to believe that Secretary Benson was acting as secretary of state with the authority of the Department of State, which is a 'public body,' to invite members of the press inside her office building and use the lobby for the press conference.' As to Benson's belief that other candidates could also use the Austin building to announce their candidacy, the law does allow for the use of public buildings for campaign events or candidate announcements. But Booth said her belief was misplaced because the Department of Technology, Management and Budget oversees the building, and therefore, the facility was not one that any candidate or committee had an equal opportunity to use. Benson's committee also raised First Amendment concerns, and argued that any violation of the act enforced against it would in turn violate her constitutional rights. But Booth said limiting candidates from using the building was a legitimate purpose because such a gathering could interfere with the entering, exiting and the general business of those working inside the building. A violation of the act carries a civil penalty of a fine not more than $1,000 imposed by the Department of State and a conciliation process helps determine the amount of the fine. If an agreement cannot be reached, the Department of State can refer the matter to the attorney general's office. The act is, however, silent on how the Department of Attorney General should resolve a complaint against the Secretary of State if it's determined that a violation occurred. Booth said there are no provisions establishing a conciliation process, other informal method of resolving the complaint, or giving authority to the attorney general's office to order a hearing or issue a civil fine following a hearing. There is also no provision allowing the secretary of state to appeal a fine imposed by the Department of Attorney General. The same goes for criminal penalties, Booth said. The act states that anyone in violation of Michigan campaign finance law is guilty of a misdemeanor, but because the complaint was referred to the attorney general by the secretary of state, the attorney general's office lacks the authority to charge Benson with a misdemeanor. Booth said that it may sound odd and seem unfair that Benson is subject to the Campaign Finance Act's rules but none of its penalties, but the Legislature never expressly gave the attorney general the authority to enforce the law against a secretary of state. 'Consequently, the attorney general is left with no choice but to simply identify the violation, remind the secretary of state of her obligations under the MCFA, and warn her against violating them in the future,' Booth wrote. 'That said, it is by no means unusual for the Secretary of State to resolve campaign finance complaints with a similar reminder and warning. … Under the circumstances, resolving these complaints with a reminder and warning is the appropriate sanction, but it is also important to take this opportunity to point out the lack of enforcement options available to the attorney general under the current language of the MCFA.' SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX
Yahoo
19-05-2025
- Politics
- Yahoo
Secretary of State Jocelyn Benson violates Campaign Finance Act, Attorney General confirms
LANSING, Mich. (WLNS) — Michigan Attorney General Dana Nessel and her office have concluded that Secretary of State Jocelyn Benson violated the Michigan Campaign Finance Act (). The Office of the Attorney General reports that this ruling was made in response to complaints alleging that Secretary Benson's use of the Richard H. Austin Building lobby to hold a press conference announcing her run for governor on January 22 violated the MCFA. Section 15(9) of the requires the Attorney General to determine if a violation has occurred when a complaint is brought against the Secretary of State. The letter sent to Secretary Benson includes an analysis of the Department of Attorney General's enforcement authority under section 15(9) of the MCFA. The office reports that, under the statute, they have no authority to impose civil or criminal penalties for a violation by the Secretary of State. Michigan GOP files campaign finance complaint against Secretary of State In January, the Michigan Republican Party filed a complaint against Secretary Benson, alleging that her use of the lobby violated state election law. The MIGOP said that this choice of venue violated Michigan law and submitted a complaint under of the MCFA. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Yahoo
12-05-2025
- Politics
- Yahoo
State: Drick violated campaign finance law when criticizing opponent from the dais
LIVINGSTON — In response to a complaint filed against County Board Chair Jay Drick by Livingston Democratic Party Judy Daubenmier, the Michigan Bureau of Elections has concluded Drick violated campaign finance law. Drick has reimbursed the county $2.56 and received a formal warning for his actions. During a board meeting on July 22, 2024, Drick responded to criticism during public comment from former commissioner Steve Williams. At the time, Drick was running for re-election against challenger Heather Williams, who is married to Steve. 'I've sat here quietly week after week, listening to a litany of allegations, bogus issues about three commissioners running for re-election. I've looked the three challengers and their husband and their father and their friends in the eye from this seat as they've attempted time and time to discredit our good works and I've never responded until now," Drick said, proceeding to argue some of the points made against him. More: Livingston County Board Chair accused of campaigning during public meeting More: State: Drick overstepped by criticizing his opponent during a public meeting After a second round of public comment, Drick 'exercised (his) option to be the last to speak.' From the dais, he criticized Williams for how long she's lived in the county and for a lack of experience in public office. He also alleged she'd filed for bankruptcy and had $358,000 in unsecured debt she hadn't repaid. Williams told The Daily the bankruptcy filing and debt were her ex-husband's. Drick went on to list his qualifications and experience in the community and on the board. Daubenmier filed her complaint soon after, arguing Drick's criticism of his opponent and promotion of his own campaign violated campaign during an official meeting, in an official capacity, violated campaign finance law. Daubenmier cited Michigan Campaign Finance Act Sec. 57 '... which prohibits public officials from campaigning while on the job and being paid.' Drick's attorney, Mattis Nordfjord, said the complaint failed to show his comments were outside the "scope of exemption." He also argued Drick had a right, under the First Amendment, to express his views on policy issues. On Dec. 18, 2024, an attorney with the Michigan Department of State sent a letter to Nordfjord. In the letter, the state found, after reviewing the video, Drick's first statement where he defended the actions of the board weren't a violation — but his critiques of Williams and the promotion of his own campaign were. '(The second comment was) directed at his opponent and criticizing their qualifications for public office," the letter read. The letter cited an opinion from former attorney general Frank Kelley, which said a commission or board can 'expend appropriated funds to inform the public in an objective manner on issues relevant to the function of the commission or board,' but not to encourage support or opposition for a specific candidate or ballot proposal. On Thursday, May 8, the state sent a letter to a different attorney for Drick, Rich McNulty. The letter acknowledged that Drick reimbursed the county for the two-minute comment, for a total of $2.56. 'Given this, the department concludes that a formal warning is a sufficient resolution to the complaint,' the letter read. The price tag left Daubenmier frustrated, she said. 'The paltry reimbursement to the county, calculated by someone who reports to Jay Drick in the county chain of command, will not deter any elected official from blatantly campaigning during county meetings,' she wrote in an emailed statement to the Daily. 'But the stigma remains that the state did find there is reason to believe that Jay Drick, a lawyer who should know better, violated the law — and that will always be on his record.' — Contact reporter Tess Ware at tware@ This article originally appeared on Livingston Daily: State finds Livingston County's Jay Drick violated campaign finance law
