Nessel finds Benson violated state law when she launched gubernatorial campaign, but can’t be disciplined because of ‘loophole’
The attorney general said a possible “loophole” in the law prevents her from holding the secretary of state accountable
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Michigan Secretary of State Jocelyn Benson violated the state’s Campaign Finance Act by using a public building to launch her campaign for governor, but will not face any penalties because of a “loophole” in the law, Attorney General Dana Nessel concluded in a letter released Monday.
Both Benson and Nessel are Democrats. Under state law, the attorney general is responsible for reviewing campaign finance complaints involving the secretary of state.
At issue was Benson’s Jan. 22 press conference in the lobby of the Richard H. Austin Building in Lansing, where she announced her candidacy for governor. In an eight-page letter, Nessel’s office found that holding a campaign event inside a government building constituted an improper use of public resources under state law.
While Benson argued she was acting in a personal capacity and not as secretary of state, the attorney general’s office rejected that defense, saying a “reasonable person” would view the event as an official act, particularly since it occurred during the workday, inside her own department’s building, and without any clear effort to separate her official role from her campaign.
Benson also claimed that other candidates would be allowed to use the building for similar announcements, but Nessel’s office found that to be incorrect. The Department of Technology, Management and Budget, which oversees the building, prohibits partisan political events inside state facilities.
Despite determining that Benson violated the law, Nessel’s office said there is no mechanism in the current campaign finance statute that allows the attorney general to impose civil or criminal penalties in cases involving the Secretary of State.
Nessel’s office also raised concerns about what it described as a possible “loophole” in Michigan’s campaign finance law that effectively shields the secretary of state from penalties. While Benson’s actions violated the law, Nessel’s office noted that the statute only allows criminal enforcement by the attorney general if the secretary of state refers the matter under specific provisions, which did not occur in this case.
“It could be viewed as odd and unfair that the Secretary of State, her immediate family, her campaign, and any committee that she is connected with are the only people and entities subject to the requirements of the MCFA, but not any of the penalties for violating them,” the letter states.
Because of that gap, Nessel’s office said it had no authority to impose either civil or criminal penalties and could only issue a warning. The letter suggested lawmakers may need to revisit the statute to ensure future secretaries of state can be held accountable under the same enforcement structure applied to all other candidates.
The complaint was resolved with a formal warning and a reminder that future violations could be considered “knowing,” potentially triggering criminal liability.
Three complaints were filed against Benson by Michigan residents Christian Charette, Tyler Henningsen, and Monica Ross-Williams, each citing concerns that the press conference violated the Michigan Campaign Finance Act. Only the allegation involving the use of the Austin Building was upheld.
