After Benson violation, GOP eyes change to Michigan campaign finance law

• Michigan GOP eyes changes to state campaign finance law, giving an attorney general power to impose fines on a secretary of state
• SOS Jocelyn Benson was found to have violated the law after holding a gubernatorial campaign announcement in a state building in January
• AG Dana Nessel’s office said it could not punish Benson because state law didn’t allow for it, an issue the bill aims to address

LANSING — Months after an investigation found Democratic Secretary of State Jocelyn Benson accidentally violated a state campaign finance law — but could not be punished for it — Michigan Republicans are pushing to expand the attorney general’s powers of prosecution.

Benson, who is running as a 2026 Democratic gubernatorial candidate, unknowingly violated Michigan law in January when she held a campaign press conference in a state building, according to findings from the office of Attorney General Dana Nessel, a fellow Democrat. 

Nessel’s office issued Benson a warning but said that because of "legislative oversight," state law would not have allowed the attorney general to enforce additional penalties against the Secretary of State.

A new plan from state House Republicans would change Michigan campaign finance law to give an attorney general full powers of investigation and prosecution in the event of an alleged violation by the secretary of state.

It’s a “critical amendment” because under current law the secretary of state can violate campaign finance laws “and face no consequences,” said state Rep. Angela Rigas, an Alto Republican who sponsored the legislation.

“This is not party specific,” Rigas said Tuesday in testimony before the House Elections Integrity Committee, which is considering the measure. “Yes, this was inspired by Secretary of State Jocelyn Benson — but I would sit here today if we had a Republican secretary of state.”

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Under her bill, if an attorney general determines a campaign finance violation occurred, there would be a series of paths the state’s top law enforcement official could pursue depending on the severity of the campaign finance violation. Asked about Benson’s case specifically, Rigas told committee members that she believed punishment would be left “up to the attorney general, after an investigation had been fully conducted.”

The bill would not apply retroactively to Benson’s January violation, however, Rigas told Bridge Michigan in a text message. 

“There should be some accountability here, and that is the main issue,” she said.

Asked about the bill, a spokesperson said Benson "believes the law should treat the Secretary of State the same as everyone else," as she recently told lawmakers in a House Oversight Committee hearing.

In January, Benson defended the decision to move her campaign press conference indoors, telling reporters that it was part of “an effort to make sure that no one’s getting frostbite.”

Republicans quickly filed campaign finance complaints, however, citing a Michigan law that bars the use of public resources for campaign purposes. Because the complaint concerned Benson herself, she forwarded the matter to Nessel for further consideration.

As explained in a May 19 memo, Nessel’s office concluded that Benson had violated campaign finance law, albeit unknowingly, by moving the campaign event into a state government building. Knowingly violating the law could be considered a misdemeanor, punishable by a fine of up to $1,000.

Yet, because of the way the state law was written, Nessel could not have prosecuted Benson even if she wanted to, according to the memo written by Joshua Booth, the opinions division chief within Nessel’s office.

“It could be viewed as odd and unfair that the secretary of state” and her campaign are subject to campaign finance laws “but not any of the penalties for violating them,” he acknowledged. 

But “for whatever reason, the Legislature has not provided the attorney general with any authority as to penalties that can be imposed” if the secretary of state violated campaign finance laws, he wrote. 

“The attorney general is left with no choice but to simply identify the violation, remind the Secretary of State of her obligations and warn her against violating them in the future,” Booth added.

The bill awaits further consideration in the House Elections Integrity Committee, which did not vote on the measure Tuesday.