Jocelyn Benson unveils ‘firewall’ for election oversight, governor run

Secretary of State Jocelyn Benson announces new election oversight conflict of interest policy as she runs for governor
Most election functions will be handled by the state Bureau of Election without the input of Benson, according to the policy
Some GOP candidates had called on Benson to recuse herself in recent weeks, though the policy had been in the works since 2025

LANSING — As she runs for Michigan governor, Democratic Secretary of State Jocelyn Benson says she will “recuse” herself from all decisions and administrative tasks that have a direct impact on the gubernatorial election.

Benson announced the new “firewall” policy late Wednesday. Her office said she had been working on it since September, but its release comes as Republican rivals question her ability to fairly oversee elections in which she competes.

In a letter to the Board of State Canvassers, Benson said she formalized the policy “in the interest of transparency, and to establish precedent of a public-facing firewall policy” that future secretaries of state could adopt.

“These processes largely reflect how the Bureau of Elections and I handled potential conflicts of interest during my reelection campaign in 2022,” Benson wrote in a letter to board Chair Richard Houskamp, a Republican appointee.

RELATED:

Michigan elections are administered by local clerks, and state-level functions are carried out by nonpartisan civil servants in the Bureau of Elections. Benson’s conflict of interest policy largely involves the bureau keeping its work private from Benson until decisions have been finalized.

Benson’s new policy, developed with help from the nonprofit Election Reformers Network, outlines six ways she will avoid conflicts of interest:

Petitions for ballot access: While Bureau of Elections officials review candidate petition signatures and make recommendations to the Board of State Canvassers about their validity, Benson won’t be provided with a copy of their reports until they’re publicly available online.
Affidavits of identity: Benson won’t be informed of any disqualifications of candidates due to errors on required affidavits “until the review process has been completed and the candidate has been formally notified of the result.”
Recount petitions: Until requests for recounts have been received by the Board of State Canvassers, Benson won’t be informed of any pending petitions.
Post-election audits: Similarly, Benson won’t get to see any post-election audit results until the reports have been finalized and shared.
Campaign finance questions and complaints: Until the November election is certified, Benson is delegating all her authority to make declaratory rulings on campaign finance questions and to determine whether campaigns violated state law. Director of Elections Jonathan Brater will be in charge of those decisions. “The secretary will be isolated from department conversations regarding (Michigan Campaign Finance Act) complaints and from any communication with the Attorney General’s office regarding MCFA complaints,” according to the policy.
Supervising local elections: The state has on some occasions stripped local officials of election administration duties if they are found unfit. Brater will be in charge of those decisions through the November election without informing or consulting Benson.

The policy does not require any additional steps to ensure Benson’s office completes “certificates of election” after results are certified by canvassers. “There is no mechanism or standing for the secretary or department staff in their professional capacities to challenge the certified results,” the document reads.

GOP complaints

As secretary of state, Benson is Michigan’s chief election officer, and multiple GOP hopefuls have argued she can’t be trusted to supervise fall elections as a candidate for governor.

GOP gubernatorial candidate Perry Johnson last month suggested the federal government should be in charge of signature validation.

Perry Johnson speaks to supporters — Republican gubernatorial hopeful Perry Johnson argues Secretary of State Jocelyn Benson should ‘recuse herself from overseeing this election’ because she is also a candidate for governor. (Simon Schuster/Bridge Michigan)

“I just think that because we end up having the secretary of state in charge of her own election, that she ought to recuse herself,” said Johnson, who was one of five candidates kept off the ballot in 2022 due to faulty signatures.

He later went further on social media, arguing Benson “must recuse herself from overseeing this election” entirely.

Fellow GOP candidate Aric Nesbitt has urged the US Department of Justice to oversee Michigan’s August primary and November general election, arguing Benson “cannot be trusted to manage” them.

Democrats and Republican officials who have served at the center of Michigan election administration contend those claims misrepresent the electoral process and overstate Benson’s role.

The Election Reformers Network, the nonprofit organization Benson worked with on the new firewall policy, recommended secretaries of state establish policies because “opposing candidates often exaggerate the risks for political gain.”

Not ‘a legitimate concern’

The bipartisan Board of State Canvassers ultimately decides which candidates get on the ballot and certifies election results, which are compiled by local election clerks across the state and are reviewed by county-level boards.

Canvassers have disputed suggestions that Benson could influence or taint the signature verification process.

“I don’t think it’s a legitimate concern,” Republican Chair Richard Houskamp previously told Bridge. “Secretary Benson’s nowhere near those signatures.”

Democratic Vice Chair Mary Ellen Gurewitz agreed: “That’s just bullshit, and they know it,” she said of GOP candidates questioning the process. “The secretary of state is not involved (in signature verification). Never has been.”

Past secretaries of state have been candidates in elections they oversaw, most commonly while seeking reelection. Benson’s predecessor, Republican Ruth Johnson, won a state Senate race while serving as secretary of state in 2019.

Chris Thomas, who served as Michigan’s director of elections for 36 years under Republican and Democratic secretaries of state, said impugning the process is nothing new.

“People grab on to it as just a way to take shots at their opponents,” Thomas said.