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MI House GOP sues Secretary of State Benson seeking subpoena compliance

The state Capitol building in the winter.

Michigan House Republicans and Secretary of State Jocelyn Benson are headed to court in a fight over access to election-related materials and legislative oversight. The House GOP majority filed a lawsuit Thursday seeking an order for the Democratic Secretary of State to fully comply with a legislative subpoena.

The complaint filed in the Michigan Court of Claims argues Benson has slow-walked materials subpoenaed by the House Oversight Committee with “irrational and even conspiratorial objections” to keep them from being reviewed.

“The Secretary of State just does not want to abide by the constitution or the law, period,” Representative Jay DeBoyer (R-Clay), chair of the oversight panel, told Michigan Public Radio. “She just does not want to, and now here we are in court.”

The House authorized the lawsuit last month on a party-line vote to hold Benson in civil contempt.

The Secretary of State says some of the information being sought could help bad actors interfere with ballot chain of custody, tamper with election equipment or impersonate election clerks. A spokesperson said Benson — who has accused Republicans of trying to sow distrust in election processes — is looking forward to the case going to court and having a judge sort it out.

"While we are committed to transparency, we will never compromise our duty to ensure Michigan’s elections are safe and secure,” said Department of State spokesperson Cheri Hardmon. “We look forward to working with a judge to come to a resolution that will resolve this dispute.”

Rick Pluta is Senior Capitol Correspondent for the Michigan Public Radio Network. He has been covering Michigan’s Capitol, government, and politics since 1987.