Michigan Secretary of State used state property for campaign event, but current law blocks fines or criminal charges.

LANSING, Mich. — A formal review by the Michigan Department of Attorney General has concluded that Secretary of State Jocelyn Benson violated state campaign finance law when she held a January 2025 gubernatorial campaign press conference inside a state-owned building. However, due to legislative gaps, no penalty can be imposed.

Use of State Building for Campaign Event Broke Finance Law

The incident occurred on January 22, 2025, when Secretary Jocelyn Benson announced her candidacy for Governor from the lobby of the Richard H. Austin Building, which houses her official state office. According to the formal resolution dated May 19, 2025, the Attorney General’s Office determined this use of public space for political purposes violated Section 57 of the Michigan Campaign Finance Act (MCFA).

The MCFA prohibits public officials from using “funds, personnel, office space… or other public resources” to promote their campaigns.

Attorney General Confirms Violation But Cannot Impose Sanctions

The resolution, signed by Joshua O. Booth, Division Chief of the AG’s Opinions Division, made clear that while Benson’s actions were improper, the law does not allow the Attorney General to levy civil or criminal penalties in this specific case.

Because the complaint involved the Secretary of State herself, it was referred to the Attorney General under MCL 169.215(9). But unlike standard campaign finance investigations, the law does not give the Attorney General authority to impose fines or initiate criminal proceedings against the Secretary of State.

“This may simply be a matter of legislative oversight,” the resolution notes, calling on lawmakers to consider amending the MCFA to avoid similar enforcement gaps in the future.

Arguments in Defense of Benson Rejected by Attorney General

Benson’s legal counsel argued that the Secretary was acting in her personal capacity as a candidate, not as a public official, and therefore exempt from the law’s restrictions. The AG’s office rejected that claim, stating that “a reasonable person viewing the press conference would believe Secretary Benson was acting as Secretary of State.”

The defense also cited a belief that any candidate could use the lobby for campaign events. But the AG’s office clarified that Department of Technology, Management, and Budget (DTMB) rules prohibit partisan events indoors. The argument that the rule infringed on Benson’s First Amendment rights was also dismissed.

No Fine, No Criminal Charge—Just a Warning

The outcome of the complaint is a formal warning, noting that this resolution letter may be cited in the future if similar conduct occurs.

While Benson held the press conference indoors to shield attendees from subzero weather conditions, the AG’s office stressed that the use of public resources for campaigning is still prohibited, regardless of the circumstances.

Three individuals—Christian Charette, Tyler Henningsen, and Monica Ross-Williams—filed the formal complaints. Two additional claims, including community engagement events held before the official campaign launch and alleged violations of Michigan’s public officer ethics code, were dismissed due to lack of evidence or jurisdiction.

Legal Loophole Could Undermine Future Campaign Oversight

This case exposes a significant enforcement gap in Michigan’s election law. The Secretary of State is responsible for campaign finance oversight, but when the official themselves is the subject of a complaint, current law only allows a violation to be identified—not punished.

The MCFA specifies that fines may only be imposed through processes controlled by the Secretary of State—a conflict when that official is the alleged violator. The AG’s office has no comparable enforcement authority.

“It could be viewed as odd and unfair,” the resolution states, that the Secretary of State is not held to the same enforcement process as other candidates.

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