Michigan group questions 40 new election rules from Secretary of State Jocelyn Benson

Election watchdog cites concerns over poll book data, voter challenges and clerk authority in new rule sets affecting 2026 elections

FLINT, Mich. — A Michigan election watchdog is raising concerns about a series of new election rules issued by the state, arguing they could impact how elections are administered ahead of the 2026 cycle.

Patrice Johnson, chair and founder of Michigan Fair Elections and Pure Integrity Michigan Elections, outlined her concerns in an interview focused on changes made under Michigan Secretary of State Jocelyn Benson.

I reached out to Benson several times for a statement regarding these concerns and have not received a response.

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Johnson said the changes stem from a set of rules introduced in early 2025, shortly after Benson announced her candidacy for governor. According to Johnson, the Michigan Department of State’s July 2024 regulatory plan indicated no new election rules were being proposed at that time.

“Six weeks after announcing her run for governor, these rules were introduced,” Johnson said, adding that the timing limited public awareness and review.

Johnson said the rule changes include roughly 40 provisions affecting multiple stages of the election process, including voter registration, Election Day procedures and post-election handling.

One example she cited involves a rule directing clerks to delete certain electronic poll book data seven days after election certification. Johnson said federal law requires election-related records to be retained for 24 months, raising concerns about a potential conflict.

She also pointed to changes involving voter roll maintenance. Under one rule, Johnson said clerks must have firsthand knowledge before removing a voter from registration lists, which she argues could limit the ability to act on outside information.

Another provision would require poll challengers to be trained using only state-provided materials in order to be certified. Johnson said that could restrict how challengers prepare for their roles.

Johnson also raised concerns about changes to how voter challenges are handled, saying the process could be slowed by additional steps that must be taken before action is allowed.

She further argued that some of the rules expand the authority of the Secretary of State’s office over local clerks and the Michigan Board of State Canvassers, which has traditionally operated as an independent bipartisan body.

Johnson acknowledged the rulemaking process itself is legal but said she believes some of the provisions go beyond administering the law.

“These rules, once they go through the process, have the force of law,” Johnson said. “But the legislature didn’t pass them.”

She said legal challenges are possible and could determine whether the rules remain in place ahead of future elections.