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 email 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. 

This week on MichMash, host Cheyna Roth and Gongwer News Service’s Alethia Kasben discuss bills introduced both in the Michigan House and Senate aimed at curbing distractions in the classroom by limiting cell phone use in class.

Also, former Michigan Attorney General Mike Cox stops by to talk about his motivation behind running for governor.

Subscribe to MichMash on Apple Podcasts, Spotify, NPR.org or wherever you get your podcasts.

In this episode:

• Competing bills in the state Legislature to restrict cell phone use in schools
• Former Michigan AG Mike Cox joining the gubernatorial race
• Cox’s recent comments on X about Congressman John James

Lawmakers in Lansing are debating policies to help curb cell phone use by students during school time.

Both the state House and Senate are moving competing legislation to limit cell phone use in the classroom. The Senate bill passed 28-9 last week. In the House, a more restrictive bill advanced out of committee Wednesday that would prohibit cell phone use in schools based on grade level and other factors.

“Gov. Gretchen Whitmer has called for the Legislature to act on this issue,” Roth said. “What the final versions of these bills look like and what she actually ends up signing — if anything — remains to be seen.”

Cox announced his candidacy for governor last month, joining Republicans U.S. Rep. John James, state Sen. Aric Nesbitt and former U.S. House candidate Anthony Hudson.

The former Attorney General — who served from 2003-2011 — previously ran for governor in 2010 but lost in the Republican primary. He says he was motivated to run again because “there’s a real hunger for leadership and change.”

“The Michigan that I grew up in, that my parents came to, has fallen behind so many other states,” Cox said. “Now my granddaughters in Hernando, Mississippi go to schools that perform better than the schools in my neighborhood in Livonia, Michigan. That’s a civil wrong, that’s immoral, and that’s absolutely wrong to our children and to the residents of our state.”

He also spoke to his growth in experience since he last ran for governor.

“Since then…I started my own business. I went from $400,000 in my first year in business to $30 million now in about 12 years,” he said. “It was fun and a lot of anxiety at first because I have never been in the private sector before. I think it really rounded me out as a candidate.”

Lt. Gov. Garlin Gilchrist and Secretary of State Jocelyn Benson are seeking the Democratic nomination in the August primary. Detroit Mayor Mike Duggan is also running as an independent.  

The general election will be held Nov. 3, 2026.

–WDET’s Jenny Sherman contributed to this report.

More from WDET:

• The Metro: Should cell phones be restricted in Michigan schools?
• Detroit Evening Report: Former Michigan AG Mike Cox announces bid for governor
• Rep. John James seeks GOP nomination for Michigan governor

President Donald Trump marked his 100th day in office on Tuesday by visiting the Selfridge Air National Guard Base in Macomb County, where he announced a new fighter jet mission at the base. This week on MichMash, host Cheyna Roth and Gongwer News Service’s Alethia Kasben and Zach Gorchow spoke about the base’s history and significance to the region.

Also, Michigan Senate Republican Leader Aric Nesbitt (R-Porter Township) stopped by to talk about his run for governor and his vision for the state.

Subscribe to MichMash on Apple Podcasts, Spotify, NPR.org or wherever you get your podcasts.

In this episode:

• President Trump rallies in Michigan for 100th day
• Historical and political significance of Selfridge
• Sen. Nesbitt’s vision for Michigan

Nesbitt is joined by U.S. Rep. John James (R-Shelby Township) and former U.S. House candidate Anthony Hudson in seeking the GOP nomination in Michigan’s gubernatorial race. On the Democratic side, Lt. Gov. Garlin Gilchrist and Secretary of State Jocelyn Benson have both launched campaigns, while Detroit Mayor Mike Duggan is running as an Independent candidate.

Nesbitt spoke with Kasben and Gorchow about what his “common sense” priorities would be if he were chosen as the state’s next governor.

“I’m working around the state, I’m going to put together a campaign that’s  going to put Michigan first, and a campaign that’s going to offer positive conservative solutions to fix some of the deepest problems in Michigan,” Nesbitt said.

Gov. Gretchen Whitmer has been both lauded and criticized in recent weeks for her attempts to bend Trump’s ear about her state’s priorities. But the Democratic governor has responded to her critics by pointing to the results her meetings with Trump have yielded — including the 21 new F-15EX Eagle II fighter jets replacing the aging A-10 squadron at Selfridge Air National Guard Base in Macomb County.

Nesbitt says Whitmer’s collaboration with Trump has been good to see.

“I think people expect leaders to be able to work to get things done,” he said. “And believe me, I’m not going to agree with the governor and neither is President Trump going to agree with the governor on things like men competing in women’s sports — she seems to support that and we’re opposed to that — or having all this money spent on DEI initiatives — I’m going to actively oppose any of that and so is President Trump…but as I look at it, having President Trump come to Michigan to celebrate his first 100 days shows the importance of Michigan; how much he cares about Michigan.”