Secretary of State Jocelyn Benson violated the Michigan Campaign Finance Act by using the lobby of a state office building for a press conference to announce she is running for governor. That determination was released Monday by the Michigan Attorney General’s office.
This is obviously an embarrassing misstep for the Benson campaign since the Secretary of State is responsible for administering and enforcing campaign finance rules.
The Benson campaign vigorously argued a campaign finance complaint filed by Republican activists was without merit. A provision of the Michigan Campaign Finance Act prohibits elected officials from using public resources for electioneering.
Benson, who is seeking the Democratic nomination, said she moved a media availability from outside the office building to the lobby after filing her paperwork because it was freezing cold. Benson’s campaign also argued she was not acting in her official capacity and was on her personal time as a candidate.
The Benson campaign called the lobby “a public space where First Amendment activity can occur as long as it doesn’t interfere with the operation of the building.”
But the letter signed by Assistant Attorney General Joshua Booth said that is not the case.
“Secretary Benson invited members of the press inside the (Richard A.) Austin Building and then conducted a press conference, professionally dressed, during the day, in the lobby of the building that houses her office,” Booth wrote. “She gave no indication that would lead a reasonable person viewing the press conference to believe that she was there on her ‘personal time.’ Instead, the circumstances would lead a reasonable person to believe that Secretary Benson was acting as Secretary of State with the authority of the Department of State … to invite members of the press inside her office building and use the lobby for the press conference.”
But Booth also said there is no mechanism to fine or otherwise punish the Benson campaign for the infraction because of a loophole in the law. He said the law excludes the Secretary of State while naming other offices covered by the Michigan Campaign Finance Act.
“Consequently, the Attorney General is left with no choice but to simply identify the violation, remind the Secretary of State of her obligations under the MCFA, and warn her against violating them in the future,” he said. He added the Legislature may want to consider closing the loophole that allows for “unequal treatment.”
Benson’s campaign spokesperson called the determination “a new interpretation” of the act, which is administered and largely enforced by the Secretary of State.
“We understand the Attorney General is issuing a new interpretation of the law, and we appreciate the added clarity,” said Alyssa Bradley in a text message.
Republicans quickly made hay over the misstep.
“Jocelyn Benson betrayed the trust of taxpayers of Michigan on the day she kicked off her campaign,” said Republican Governors Association Rapid Response Director Kollin Crompton in an e-mail blast, saying “she violated the very campaign finance laws she is supposed to oversee.”
To date, the other announced Democratic gubernatorial candidates are Lt. Gov. Garlin Gilchrist and Genessee County Sheriff Chris Swanson. The announced Republican candidates are former Michigan Attorney General Mike Cox, Senate Minority Leader Aric Nesbitt and U.S. Rep. John James and Anthony Hudson. Detroit Mayor Mike Duggan is running as an independent.
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