House Files Suit Against Benson For Defying Subpoena

(Source: MIRS.news, Published 06/05/2025) The Republican-led House filed a lawsuit against Democratic Secretary of State Jocelyn Benson for her failure to comply with their subpoena to turn over election clerk training documents.

The lawsuit follows the House’s move to hold Benson in civil contempt for her refusal to hand over the materials, which the Secretary of State said include sensitive codes to election machines that shouldn't be in the hands of the public.

“Our com

mitment to bring accountability to Lansing is not just lip service,” Rep. Jay DeBoyer (R-Clay) said. “After going years without legislative oversight, Benson has clearly grown comfortable operating independent of the other, co-equal branches of government.

“For months, we have tried to get her cooperation through requests, then accommodating offers, and then legal demands. Her continued defiance now brings us to the courtroom, where we will continue to diligently work to deliver government transparency for the people of Michigan,” he added.

SOS spokesperson Cheri Hardmon said the department is “glad” the House Republicans “have finally acted accordingly” and the department looks forward to a court resolving the dispute.

“Since the beginning of this saga, Secretary Benson has asked lawmakers to let a court review their request for sensitive election information that, in the wrong hands, would compromise the security of our election machines, ballots and officials,” she said. “… Let’s be clear – the Republican chair of the House Oversight Committee is demanding information that could be used to interrupt the chain of custody of ballots, tamper with election equipment or impersonate a clerk on Election Day.

“While we are committed to transparency, we will never compromise our duty to ensure Michigan’s elections are safe and secure,” Hardmon added.

DeBoyer, who chairs the House Oversight Committee, issued the subpoena in April, seeking the “current full, complete, and unredacted training materials used to train Michigan clerks and their staffs on Michigan elections, including but not limited to, all of the materials found in the Department of State’s eLearning Center.”

Benson released more than 3,300 pages of material, but held some back on the basis that her office needs more time to review the material to ensure sensitive information isn’t released.

The complaint, filed in the Court of Claims, seeks a declaratory judgment that the Michigan House has issued a subpoena that Benson must comply with because it is supported by a “valid legislative purpose.”

The lawsuit, which also requests an injunction prohibiting Benson or the Michigan Department of State from modifying any relevant records, claims Benson has chosen the “non-cooperative path of delay and obfuscation,” ignoring the House’s authority.

The House’s complaint rejects Benson’s argument that there is concern confidential information could be released, saying she has “no cognizable legal ground upon which to interpose” objections.

Benson and her office are not the “sole guardians of election security in the state nor are they the sole gatekeepers of purported sensitive election information,” according to the complaint.

Rep. Rachelle Smit (R-Shelbyville) said Benson has “proven she is unwilling to comply” with the subpoena and state law.

“She’s skirted the rules and done whatever she could to avoid public scrutiny,” she said. “It’s become overwhelmingly clear that she will never release the training materials we’re looking for without direction from a court. Secretary Benson herself said she would see us in court; she’s going to get her chance real soon.”