ADVISORY: AG Nessel Concludes Review of Campaign Finance Complaint Made Against Jocelyn Benson

LANSING – Today, Michigan Attorney General Dana Nessel provided to Secretary of State Jocelyn Benson a letter announcing that her office has concluded that the Secretary violated the Michigan Campaign Finance Act (MCFA).  The determination was made in response to complaints alleging that Secretary Benson’s use of the lobby of the Richard H. Austin Building to hold a press conference announcing her gubernatorial candidacy on January 22 violated the MCFA.  Section 15(9) of the MCFA requires the Attorney General to determine whether a violation has occurred when a complaint alleges the Secretary of State violated the statute.   

The letter (PDF) includes an analysis of the Department of Attorney General’s enforcement authority under section 15(9) of the MCFA.  Under the statute, the Department has no authority to impose any civil or criminal penalties for a violation by the Secretary of State.  It is the responsibility of the Legislature to determine whether to amend the Act’s enforcement authority.