LANSING, MI — Sen. Jim Runestad on Friday submitted testimony opposing a premature proposed change in a state Bureau of Elections rule set that he says seeks to implement controversial changes in election law immediately rather than in 2025 as directed by the Legislature.
Runestad raised alarms earlier this month when Secretary of State Jocelyn Benson’s Department of State asked the Joint Committee on Administrative Rules in a July 31 letter to allow for the immediate approval of new rules that would implement many of Senate Bill 603’s changes before the November general election.
In a letter submitted during Friday’s hearing, Runestad argued that the department has exceeded its legal authority by proposing language that is contrary to current state law, which is unconstitutional. He asserted that the department’s proposal mirrors policies outlined in the yet-to-be-effective SB 603.
The rule cited by Runestad in his letter to the committee would modify existing law. Currently, the law is clear about how absentee voter ballots must be handled, requiring that ballots be “securely packaged and sealed.”
He contended the department’s proposed rule set 2024-019 ST would overturn the current law, instead adopting the language from SB 603, which is not yet in effect. This new language grants the secretary of state the sole discretion to define what constitutes a “satisfactory explanation” regarding whether ballots have been secured and can be recounted.
“The Department of State has developed a troubling trend under the leadership of Secretary Benson of trying to unilaterally impose laws they wish existed instead of laws that are actually on the books,” said Runestad, R-White Lake. “They must be reminded that this is not how our constitutional government — with its appropriate system of checks and balances — works.
“If the Legislature wanted these changes to be effective in time for the November election, we would have granted them immediate effect. We didn’t. If Secretary Benson and her department bureaucrats want to help make laws, they should run for the state House or Senate. Until then, they should focus their efforts on implementing current state law as directed by the state constitution.”