Michigan Secretary of State Benson Pushes Last-Minute Election Rule Changes, Seeks AG's Approval to Bypass Legislature

Lansing — Michigan Secretary of State Jocelyn Benson, a Democrat, has sparked controversy by seeking Attorney General Dana Nessel’s opinion on implementing new recount rules just days before the election. Benson’s requested changes would expand recount procedures to accommodate early voting and require individuals requesting a recount to specify alleged ballot counting errors.

According to the Detroit News, The October 23 request, obtained through a Freedom of Information Act inquiry, comes after Benson unsuccessfully attempted to push these changes through Michigan’s Joint Committee on Administrative Rules, controlled by Democrats. However, the committee failed to take up her proposed rules, leaving them unapproved before Election Day.

Benson was asked about this today by a reporter during a news conference. She refused to answer the question.

In her letter, Benson claimed the state's recount rules, which date back to 1979, are outdated, referencing old voting equipment and ignoring recent legal standards and Michigan's new in-person early voting provisions. She argued that the law aligns with her proposed updates and should override the longstanding recount rules where there’s any conflict.

“I request your advice on whether it is appropriate to disregard the current administrative rules that do not reflect current laws and current technology,” Benson wrote, effectively asking for authority to ignore existing recount rules.

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In June, the Democrat-controlled Legislature passed a series of bills to overhaul recount rules along the lines Benson outlined, but these changes lacked sufficient Republican support to take effect immediately. As a result, they won’t be implemented until early 2025, after the upcoming election.

Sen. Stephanie Chang, a Detroit Democrat who sponsored the bills, justified the rush, saying, "The whole point of a recount is to make sure that we’re getting the most accurate count of ballots possible, and we really wanted to ensure our recount law is modernized for today’s needs."

Benson submitted the new rules to the Legislature’s Joint Committee on Administrative Rules in March and refiled them on July 31, a day after Governor Gretchen Whitmer signed the legislation into law. Under committee procedures, it has 15 session days to take action on the rules, after which they are adopted by default. With the Legislature yet to meet that threshold and unlikely to address the matter before Election Day, Benson insists she needs a response from Nessel urgently.

"Accordingly, I seek your advice on these issues before Election Day," Benson wrote, indicating an urgency for approval despite the upcoming vote.

Senator Jim Runestad, a White Lake Republican, has criticized Benson’s approach, calling the timing inappropriate and arguing that implementing new recount rules just before an election risks confusion. He has repeatedly voiced concerns that rushing these rules through undermines the integrity of the recount process.

“Benson’s actions are a clear attempt to rewrite the rules at the eleventh hour without adequate legislative oversight,” Runestad argued. “The timing is suspect, and Michigan voters deserve better.”

Nessel’s office has yet to respond to Benson’s request, leaving some wondering if this last-minute maneuver will go unchecked by Michigan's top legal official.