In a new legal filing, Secretary of State Jocelyn Benson says a Republican-led legislative committee is abusing its power to subpoena her office and is asking a judge to refuse to enforce it.
The Democratic secretary of state, who is also seeking her party’s nomination for governor, and the Republican leadership of the House Oversight Committee are at odds over election training and management materials. Benson’s filing this week with the Michigan Court of Claims says the Legislature’s oversight power “is not unlimited, checks and balances apply.”
The House Oversight Committee approved the subpoena last month after Benson shared some of the requested materials, but said her office would not turn over anything until it was reviewed and information redacted that could endanger election security or put election workers at risk. The committee then filed a motion with the Michigan Court of Claims to enforce the legislative subpoena.
The Secretary of State’s reply brief, dated Thursday, argues the subpoena is not to advance some legitimate legislative purpose, but is being used to make Benson a political and a legal target.
“A committee cannot exercise its subpoena power in a subverted effort to try an officer for suspected violation of the law, and its investigative power cannot be wielded under the guise of punishing those investigated,” said the response and that ”the Committee’s purpose is suspect where the record suggests its underlying purpose is (to) try the Secretary for perceived violations of Michigan’s election laws, or to politically punish her – neither of which is permissible.”
Representative Jay DeBoyer (R-Clay), chair of the House Oversight Committee, told Michigan Public Radio that compliance with the subpoena should not be open to debate.
“We make that determination,” he said. “This isn’t a partnership. This is the Legislature trying to make decisions in the best interests of the people of the State of Michigan.”
The House has until July 3 to file a rebuttal before Court of Claims Judge Sima Patel makes a decision. Her ruling will likely be appealed by the losing party.
