Exclusive: Lawsuit Claims Leftist Benson Is Breaking Election Law

Michigan Secretary of State Jocelyn Benson is facing a lawsuit filed by the Michigan GOP and the Republican National Committee, alleging that her directive allowing individuals who have never resided in Michigan to vote violates the state’s constitution and election law. The lawsuit, obtained exclusively by The Federalist, challenges Benson's guidance regarding overseas voters under the Uniformed and Overseas Citizens Absentee Voting Act.

The complaint seeks to block Benson's directive and obtain a declaratory judgment stating that her guidance contradicts existing law. This lawsuit is a renewed effort following a similar case filed shortly before the 2024 presidential election, which was dismissed by Judge Sima Patel of the state’s Court of Claims. Patel, appointed by Governor Gretchen Whitmer, cited the laches doctrine, arguing that the Republicans were attempting to disenfranchise voters too close to the election.

The current lawsuit claims that Benson's guidance unlawfully waives residency requirements, allowing U.S. citizens who have never lived in the country to vote in Michigan elections. According to the complaint, Benson's directive states that a U.S. citizen with a parent or spouse last domiciled in Michigan is eligible to vote, provided they have not registered in another state. The plaintiffs argue that this interpretation is an illegal expansion of voting rights for overseas citizens.

The lawsuit asserts that Michigan law is clear in its requirement that no person may vote unless they have resided in the state. The plaintiffs contend that Benson's actions have led to individuals who have never lived in Michigan registering and voting, which they describe as both unconstitutional and unlawful.

Benson's office has not responded to requests for comment regarding the lawsuit. The complaint also argues that her guidance infringes upon the legislative branch's authority to enact laws governing elections, claiming that she is undermining the legislature's role in maintaining election integrity.

The lawsuit highlights concerns that Benson's directive could provide an electoral advantage to Democratic candidates, as a significant majority of Americans living abroad tend to vote Democratic. Bruce Heyman, a former U.S. ambassador to Canada, noted that approximately 80 percent of Americans abroad vote for Democratic candidates, raising questions about the potential impact of Benson's guidance on future elections.

Cindy Berry, a clerk from Chesterfield Township and a plaintiff in the lawsuit, expressed her concerns about reconciling Benson's guidance with state law. She stated that local clerks are left in a difficult position, needing clarity on whether they should follow the Secretary of State's instructions or adhere to the state constitution and election laws.

The plaintiffs are seeking timely relief from the court, noting that Michigan's primary election is scheduled for August 4, 2026, and that ballots for military and overseas voters must be distributed by June 20, 2026. They argue that the court's decision must come well before this date to ensure proper implementation of any ruling.

RNC Chairman Joe Gruters emphasized the importance of upholding Michigan's election laws, stating that individuals who have never lived in the state should not have a say in its elections. He criticized Benson for allegedly ignoring the state's constitution and expressed the RNC's commitment to ensuring that only lawful votes are counted.