LANSING, MI — Sen. Jim Runestad is drawing attention to an attempt by Michigan Secretary of State Jocelyn Benson to implement controversial changes in election law immediately rather than in 2025 as directed by the Legislature.
“If Secretary Benson wants to be a lawmaker, she should run for the House or Senate. Until then, she should wait until bills become law before acting on them,” said Runestad, R-White Lake. “The secretary of state is supposed to follow the state constitution, not bypass it to change election laws at will.”
Runestad’s raising the alarm resulted in the Republican National Committee (RNC) sending Benson a scathing letter on Wednesday, urging her to cease all attempts to subvert the Legislature and state constitution.
Passed along party lines in June, Senate Bill 603 includes numerous controversial changes to election law, including prohibiting boards of canvassers from investigating claims of fraud. The bills were not granted immediate effect, meaning they will not become law until 90 days after the Legislature’s annual session ends, typically in December.
Despite the bill not taking effect until 2025, Benson’s Department of State asked the Joint Committee on Administrative Rules (JCAR) in a July 31 letter to allow for the immediate approval of rules that would implement many of its changes before the November general election.
“The secretary of state is trying to bypass the constitution to keep potential election fraud from being investigated by boards of canvassers in November,” Runestad said. “If the Legislature wanted these changes in effect for the general election, we would have granted the bills immediate effect. We didn’t. Jocelyn Benson doesn’t get to implement laws whenever she pleases.”
The RNC’s letter to Benson states, “It is contrary to those settled principles — and Constitutional separation of powers— to use the administrative rulemaking process to implement a statutory framework before it becomes effective.” The letter continues, “The RNC is committed to both free and fair elections and the rule of law. It hopes that the Bureau of Elections is too. It also hopes that the Bureau will not try to effectuate the proposed ruleset before SB 603 becomes effective.”