Michigan Democratic Secretary of State Jocelyn Benson is under scrutiny for potentially violating campaign law after discussing her 2026 gubernatorial candidacy with reporters inside a state-funded building.
Benson announced her campaign to replace term-limited Democratic Gov. Gretchen Whitmer on Wednesday, and defended her use of the state-funded facility by citing cold weather. Michigan statute MCL 169.267 prohibits the use of public facilities for campaign activity, potentially placing Benson in legal jeopardy before the gubernatorial bid fully begins.
“It’s cold today,” Benson told reporters. “It’s cold, so we didn’t want y’all to stand outside in the cold. That’s why we’re here … again, this was an effort to make sure that no one’s getting frostbite.” She also suggested she was unaware of rules prohibiting candidates from taking campaign-related press questions in the building where Michigan’s Department of State operates.
“It’s certainly never come to my attention,” she said. Benson added that all other candidates were free to use the building’s lobby for campaign purposes.
“I don’t know of a cold weather exception to the law prohibiting the use of public resources for campaign activity,” a Michigan political attorney who requested anonymity told the Daily Caller News Foundation. “But if you look at the back and forth there, she doesn’t say, ‘Well, it’s legal.’ She says she’s doing it inside because it’s cold.”
“She holds herself out as the most knowledgable secretary of state in the country, been in office for six years, and is pursuing — at least investigating — possible violations of the same statute, and yet she’s saying she’s surprised by this. I don’t know about that,” the attorney continued.
The attorney is referencing Benson’s previous investigation of the Livingston County Sheriff’s Office for violating the same law — MCL 169.267 — after the office hosted a campaign event for President Donald Trump in August 2024. A spokesperson for Benson told Michigan Advance that her office received two complaints after the event and would investigate the matter.
Mark Brewer, formerly the chair of Michigan’s Democratic Party, told the outlet the sheriffs’ event was “clearly illegal” because of its use of public facilities and employees.
The campaigns initial challenges extended beyond the controversy of using public facilities for political purposes. Benson also seemed to inadvertently jump the gun on her campaign announcement, prematurely declaring her candidacy on X a day ahead of schedule. In the message, she expressed being “overwhelmed” by support. The post was reportedly removed moments after it was uploaded.
“Michigan, I’m so overwhelmed by your support today — thank you!” Benson wrote in the now-deleted post. “Michiganders are ready to fight for a transparent, affordable, and safer future for all of Michigan. And we’re just getting warmed up.”
Benson previously denied Robert F. Kennedy Jr.’s request to be removed from the state ballot in August despite having suspended his campaign, citing his status as a minor party candidate and the fact that his party could not select new electors.
Violating MCL 169.267 includes penalties of up to a year of imprisonment and/or a $1,000 fine for individuals. For non-individual offenders, the law allows a fine of up to $20,000 or a fine equal to the amount of the improper contribution or expenditure, whichever is greater. The attorney who spoke with the DCNF said it was unclear whether Republicans would pursue charges against Benson individually or against her campaign, if at all.
Other contenders for the top office in the state include Detroit Mayor Mike Duggan, who is running as an independent, and Aric Nesbitt, Michigan’s Republican Senate minority leader. At the time of publication, there are no prominent Democrats other than Benson running for Michigan governor. Whitmer’s term as governor will expire in January 2027.
Benson’s campaign did not respond to the DCNF’s request for comment.
