Two Michigan state lawmakers introduced the bill to correct an omission in the law that allowed the secretary of state to avoid penalties for a violation.
State Rep. Angela Rigas and state Sen. Jonathan Lindsey have introduced legislation to amend the Michigan Campaign Finance Act (MFCA) to fix a defect that unintentionally allows a secretary of state who violates the act to avoid any penalty.
On June 11, Rigas and Lindsey, both Republicans, introduced bills in their respective houses that give the state attorney general power, which was lacking in the existing statute, to impose fines and even jail time against a secretary of state found to be in violation of the MCFA.
Under the terms of the current act, in the case of a campaign finance complaint against a sitting secretary of state, upon the required referral from the Department of State, the attorney general is mandated to investigate but not apply any penalties if a campaign finance violation by the secretary of state has been determined.
The quirk in the law surfaced last month when several citizens filed campaign finance complaints against Michigan Secretary of State Jocelyn Benson for using the lobby of a state-operated office building in Lansing to announce her candidacy for the Democratic nomination for governor on Jan. 22, 2025.
Current Michigan law requires that a campaign finance complaint be investigated and adjudicated by the Department of State, which has the authority to penalize proven violators with fines or incarceration.
However, if a complaint is filed against the secretary of state himself or herself, a member of their immediate family, or their campaign committee, the complaint must be turned over to the attorney general’s office to investigate to determine whether there is any culpability.
On May 19, the office of Attorney General Dana Nessel, a Democrat, sent a letter to Benson informing her that, after investigation, her use of a state-operated office building lobby for a personal, partisan purpose violated state law, but there would be no penalty.
The notification letter said, “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 a violation of section 57 of the MCFA.”
By Steven Kovac
