Watchdog Group: Michigan Secretary of State Enforcing Laws She Wrote Herself

In Michigan, Secretary of State Jocelyn Benson announced a candidacy for governor and, within weeks, promulgated three rule sets containing roughly 40 new election regulations. The timing broke the standard July 1 deadline for rule filing and sidestepped the usual review by the Michigan Office of Administrative Hearings and the Joint Committee on Administrative Rules. By pushing these rules through in March 2025, Benson gave herself a regulatory advantage for the 2026 election cycle, raising immediate concerns about transparency and procedural integrity.

The new regulations touch on several high‑stakes areas. One rule mandates the destruction of e‑poll book data seven days after certification, directly contradicting federal requirements to retain election records for 24 months, which could cripple post‑election audits and recounts. Another forces clerks to possess firsthand knowledge of a voter’s death or relocation before updating rolls, effectively disabling routine mail‑out verification processes. Benson also seeks to place appointees on the independent Board of State Canvassers, a move critics label a usurpation of oversight authority. Additionally, poll challenger training is now limited to state‑provided materials, a restriction that threatens free‑speech rights and hampers nonpartisan monitoring efforts.

These actions illustrate a broader erosion of checks and balances in Michigan’s election administration. The rule‑making body operates without statutory independence, unlike the 24 other states with legislatively approved oversight commissions. Legal scholars argue that the late‑issued rules could be vulnerable to injunctions, especially given the conflict‑of‑interest implications of a sitting secretary shaping rules for her own campaign. For businesses and voters alike, the stakes are clear: without robust, transparent safeguards, confidence in electoral outcomes—and the stability they underpin—may falter. Restoring the 2024 regulatory framework or instituting an independent review could re‑establish credibility ahead of the upcoming gubernatorial race.