State Rep. Rachelle Smit on Thursday announced a lawsuit had been filed against Secretary of State Jocelyn Benson seeking a declaration that the House’s subpoena – issued over six weeks ago – is valid and was issued for a proper legislative purpose. The lawsuit follows the Michigan House moving to hold Benson in contempt for illegally defying the subpoena that required her to provide the House Oversight Committee with election training material distributed to local clerks.

“Secretary Benson has proven she is unwilling to comply with our subpoena and Michigan law,” said Smit, R-Martin. “She’s skirted the rules and done whatever she could to avoid public scrutiny. It’s become overwhelmingly clear that she will never release the training materials we’re looking for without direction from a court. Secretary Benson herself said she would see us in court; she’s going to get her chance real soon.”

The Michigan House’s legal action was filed in the Michigan Court of Claims, which resolves all disputes where the State of Michigan or its agencies are the defendant. The lawsuit requests a declaratory judgment from the court that the Michigan House has issued a valid subpoena that Benson must comply with. The lawsuit also requests an injunction prohibiting Benson or the Michigan Department of State from modifying any relevant records.

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