Michigan SOS Jocelyn Benson violated campaign finance law — but won’t be punished

• Michigan Secretary of State Jocelyn Benson violated campaign finance law by hosting a campaign press conference in a state building
• The ruling came from Attorney General Dana Nessel’s office, which said ‘a reminder and warning’ was ‘the appropriate sanction’
• Benson, a Democrat, is running for governor and said she moved her campaign press conference inside because of cold weather

Michigan Secretary of State Jocelyn Benson violated a campaign finance law her department oversees by hosting a campaign press conference in a government building, according to Attorney General Dana Nessel, a fellow Democrat. 

But attorneys in Nessel’s office said Benson appeared to do so under a “mistaken belief” she was following the law and determined they don’t have the authority to punish Benson for the violation, regardless. 

The attorney general issued Benson a reminder and a warning that using state resources for campaign purposes is a violation of the Michigan Campaign Finance Act. 

The violation stems from Benson’s campaign launch for governor in January, where she cited bitterly cold weather as justification for moving a related press conference — which candidates often hold in front of her department’s Richard H. Austin Building — inside the lobby.

Joshua Booth, the opinions division chief within Nessel’s office, said in a Monday decision letter that Benson was “under the mistaken belief that she, or any other candidate, could use the lobby for this purpose” — but could not.

“It has been determined that the Secretary of State violated” a section of Michigan law barring the use of public resources for campaign purposes, he wrote, noting that a knowing violation of the law is considered a misdemeanor crime, punishable by up to one year in jail and a fine of up to $1,000. 

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However, Booth determined Benson did not violate the law knowingly. 

At her gubernatorial campaign event, a reporter pointed out that other candidates had previously been barred from using the building’s lobby. Benson responded, “That's good to know, but it's never, certainly ever come to my attention. This was an effort to make sure that no one's getting frostbite.”

Under those circumstances, “resolving these complaints with a reminder and warning is the appropriate sanction,” Booth wrote.

Asked about the violation, Benson’s campaign spokesperson Alyssa Bradley said, “We understand the attorney general is issuing a new interpretation of the law” and noted the Detroit Democrat looks forward to discussing her vision for Michigan’s future with voters.

After Benson’s campaign event, Michigan Republicans quickly filed three complaints against her, alleging the use of the public building was illegal. Because the complaint concerned her, Benson referred the complaint to the Attorney General Dana Nessel’s department, which the law required.

Citing what he called a potential "legislative oversight," Booth said Friday that current state law would not allow the attorney general's office to enforce any penalties against the Secretary of State in such a case. 

Senate Minority Leader Aric Nesbitt, a Porter Township Republican also running for governor, criticized the decision by asking if Nessel is “telling us the secretary of state is above the law?”

“Interesting how Dana Nessel thinks suing the President every week is within her scope of practice but enforcing election law in Michigan is somehow out of her hands,” Nesbitt added. 

But in Monday’s letter, Booth said the Michigan Campaign Finance Act only allows enforcement by the attorney general under two scenarios. 

In this case, the matter was referred to Nessel under a separate provision that requires her office to investigate "if the violation involves the secretary of state, the immediate family of the secretary of state, or a campaign or committee with which the secretary of state is connected, directly or indirectly."

Therefore, state law doesn't provide the attorney general with authority to enforce the law if referred under that clause, Booth determined. 

"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," he acknowledged. 

"This may simply be a matter of legislative oversight in drafting the MCFA, but, for whatever reason, the Legislature has not provided the attorney general with any authority as to penalties that can be imposed."

That’s an issue “the Legislature may want to consider addressing,” he concluded. 

Steve Liedel, a Democratic attorney with deep experience in campaign finance issues, said he was unsurprised by the attorney general’s findings and their reading of the law.

“Did I see something where the outcome would have been different if it had been (Republican) Secretary of State Ruth Johnson and Attorney General Bill Schuette? No,” he said. “If someone had asked, my advice would be do not call a press conference in a state building.”

Other campaign finance experts contacted by Bridge Michigan did not immediately respond to requests for comment. Nor did a spokesperson for the Michigan Department of State.