LANSING, MI – House Republican Leader Matt Hall is urging Secretary of State Jocelyn Benson to withdraw her proposed changes to Michigan’s recount procedures, claiming the new rules violate state law and could undermine the integrity of the upcoming November general election.
Hall, a Republican from Richland Township, argues that Benson’s proposed rules contradict current legal provisions, particularly those allowing recounts based on allegations of fraud and requiring canvassers to investigate the facts presented in recount petitions. He asserts that these changes would restrict the grounds for requesting a recount and limit the duties of canvassers to merely verifying vote tallies, rather than investigating claims of fraud.
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“The people want free and fair elections that follow the law, not government officials with a grudge who make up the rules as they go,” Hall said in a statement. “Secretary Benson can’t override state law, but that’s what she’s trying to do. She wants to ram through her own rules ahead of the election, even though they contradict current election law. With this partisan ploy, the secretary of state is putting her thumb on the scale. This move opens cracks in our election system that bad actors can exploit to undermine election integrity.”
Hall also noted that courts have previously struck down several attempts by Benson to change election procedures without proper legal authority. He highlighted past instances where Benson directed clerks to presume absentee ballot signatures were valid and attempted to alter poll challenger duties without following the public rulemaking process.
Benson’s office is reportedly attempting to expedite the proposed rules in time for the 2024 election. Jonathan Brater, the director of Benson’s Bureau of Elections, has indicated that the department is seeking to have the rules take effect prior to the November election, urging the Legislature’s Joint Committee on Administrative Rules to waive the usual 15-session-day review period.
In a letter to Brater, Hall denounced the effort to fast-track the changes, arguing that it creates confusion and conflicting interpretations just as early voting is about to begin.
“Now, with her move to expedite recount rules that violate the law, the secretary of state seems to be keeping open the option of influencing the election at the last minute. That’s not how this is supposed to work,” Hall wrote. “Election laws should be clear and consistent for everyone to understand, and for campaigns and election officials to follow.”
Benson’s Response: Ensuring Clarity and Fairness
Secretary of State Jocelyn Benson has defended the proposed changes, arguing that they are necessary to clarify the recount process and ensure a fair and transparent election. According to Benson, the new rules are designed to streamline the recount procedure, prevent frivolous recount requests, and maintain the integrity of Michigan’s election system.
Benson’s office contends that the existing law is vague and leaves too much room for misinterpretation, which could lead to inconsistent application across different jurisdictions. By standardizing the criteria for recounts and focusing the process on verifying vote tallies, Benson aims to provide a clear and consistent framework that will be easier for election officials to follow.
“These rules are about ensuring that our elections are secure, accurate, and fair,” Benson said in a statement. “Our goal is to protect the integrity of the electoral process and to make sure that every valid vote is counted. We are committed to upholding the law and providing the public with confidence in the results of our elections.”
Benson’s office has also pointed out that the rules were developed in consultation with election experts and stakeholders to address gaps and ambiguities in the current law. The expedited timeline for implementing the rules, according to her office, is necessary to ensure that the updated procedures are in place well before the general election, allowing time for election officials and the public to become familiar with the changes.
While acknowledging the concerns raised by Hall, Benson’s office maintains that the rules are fully within her authority as secretary of state and are intended to enhance, not undermine, election integrity.
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