House Republicans sue Jocelyn Benson over Michigan election materials

• The Republican-led Michigan House of Representatives announced Thursday have sued Secretary of State Jocelyn Benson
• The move comes after GOP leaders say Benson failed to comply with a subpoena ordering her to turn over elections materials to a House panel
• Benson has previously said she’d welcome a lawsuit on the subject but did not have an official response available as of publication Thursday

LANSING — Michigan’s Republican-led House is suing Secretary of State Jocelyn Benson, claiming the second-term Democrat has failed to turn over election training materials they requested despite a recent subpoena. 

“Government actors, regardless of their title, all have a responsibility to uphold their constitutional oath and adhere to the law,” Rep. Jay DeBoyer, a Clay Republican and chair of the House Oversight Committee, said in a statement on Thursday after filing a lawsuit in the Michigan Court of Claims. 

“Yet, Jocelyn Benson, one of the most powerful officeholders in Michigan, must instead be brought to court and forced to comply with Michigan statute. We will not let her disregard for the law keep us from delivering results to the people we represent.”

The suit is the latest development in a months-long standoff between the House and Benson, who is a 2026 candidate for governor. 

Republicans say they're trying to ensure Benson's guidance to local clerks follows all applicable state laws. Courts have previously struck down some of her rules, including absentee ballot signature match guidance provided to clerks in 2023.

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Benson has said her office turned over more than 3,300 pages of election documents but would not share "sensitive election security information" that had been requested. 

House Republicans last month voted to hold the Democratic official in contempt, at which point she told reporters she welcomed the legal challenge.

“You cannot bully me or use your authority to get access to information that, if it ends up in the wrong hands, could be used to interfere with the chain of custody of ballots, tamper with election equipment or impersonate a clerk on  Election Day,” Benson said. “I have a sworn duty to protect that information.”

The Department of State welcomes a court review, Benson spokesperson Cheri Hardmon said Thursday.

"While we are committed to transparency, we will never compromise our duty to ensure Michigan’s elections are safe and secure," Hardmon said in a statement. "We look forward to working with a judge to come to a resolution that will resolve this dispute."

The GOP suit asks for a declaratory judgment from the court that the state House has issued a valid subpoena Benson must legally comply with. It also seeks to make sure Benson or anyone else at the Department of State does not otherwise tamper with or alter the materials before turning them over.

“Any prolonged delay in the production of the responsive documents will prevent the ability of the House to properly oversee the training and instruction of local clerks leading into the next election cycle,” the suit states.

For months, House Republicans have sought information on how the state trains local clerks who oversee election administration. 

Rep. Rachelle Smit, R-Martin, first requested records from Benson in November 2024 — before she became chair of the House Election Integrity this term. Smit then officially requested Benson turn over election-related materials — including all current elections training materials available to clerks through a secure, online portal run by the state — in early February after Republicans reclaimed the House.

By March, the department had replied to the request, denying it in part out of security concerns. The documents it would release, it noted, would come out on a rolling basis and only after a thorough review.

It also denied a request for lawmakers to obtain log-in credentials for the clerk learning portal, leading Smit to request DeBoyer’s House Oversight Committee to subpoena Benson for the materials.

In an April 14 letter from Chief Legal Director Khyla Craine, the Department of State accused House Republicans of filing “inexact oversight requests” that were “being weaponized against state agencies.”

Republicans have denied those claims. 

“Secretary Benson has proven she is unwilling to comply with our subpoena and Michigan law. … It’s become overwhelmingly clear that she will never release the training materials we’re looking for without direction from a court,” Smit said in a statement Thursday.