Nik Rajkovic / news@whmi.com

State Rep. Ann Bollin is raising concerns over a new set of election rules proposed by the Michigan Department of State, warning the changes would expand the Secretary of State’s authority over elections beyond what is allowed by state law, according to her office.

The proposed rules are scheduled for a public hearing on May 22.

Benson announced the new “firewall” policy last week, saying her officer had been working on it since September.

In a letter to the Board of State Canvassers, Benson said she formalized the policy “in the interest of transparency, and to establish precedent of a public-facing firewall policy” that future secretaries of state could adopt.

“These processes largely reflect how the Bureau of Elections and I handled potential conflicts of interest during my reelection campaign in 2022,” Benson wrote in a letter to board Chair Richard Houskamp, a Republican appointee.

Benson’s new policy, developed with help from the nonprofit Election Reformers Network, outlines six ways she will avoid conflicts of interest:

Petitions for ballot access: While Bureau of Elections officials review candidate petition signatures and make recommendations to the Board of State Canvassers about their validity, Benson won’t be provided with a copy of their reports until they’re publicly available online.

Affidavits of identity: Benson won’t be informed of any disqualifications of candidates due to errors on required affidavits “until the review process has been completed and the candidate has been formally notified of the result.”

Recount petitions: Until requests for recounts have been received by the Board of State Canvassers, Benson won’t be informed of any pending petitions.

Post-election audits: Similarly, Benson won’t get to see any post-election audit results until the reports have been finalized and shared.

Campaign finance questions and complaints: Until the November election is certified, Benson is delegating all her authority to make declaratory rulings on campaign finance questions and to determine whether campaigns violated state law. Director of Elections Jonathan Brater will be in charge of those decisions.

“The secretary will be isolated from department conversations regarding (Michigan Campaign Finance Act) complaints and from any communication with the Attorney General’s office regarding MCFA complaints,” according to the policy.

Supervising local elections: The state has on some occasions stripped local officials of election administration duties if they are found unfit. Brater will be in charge of those decisions through the November election without informing or consulting Benson.

The policy does not require any additional steps to ensure Benson’s office completes “certificates of election” after results are certified by canvassers. “There is no mechanism or standing for the secretary or department staff in their professional capacities to challenge the certified results,” the document reads.

“The rules the Secretary of State is proposing go far beyond routine election administration,” said Bollin, R-Brighton Township. “Secretary Benson is attempting to shift more authority into her own department without the required legislative approval and without clearly explaining why these changes are necessary. That should concern every Michigan voter, regardless of political party.”

Bollin, a former township clerk, said the proposed rules would move responsibilities away from the independent Board of State Canvassers and further into the control of the Bureau of Elections under the oversight of Secretary of State Jocelyn Benson.

Other components, according to Bollin's office, would give the department greater influence over the internal operations of county and local clerks’ offices.

Bollin also noted the department did not identify these changes in its annual regulatory plan, despite state law requiring agencies to outline anticipated rulemaking priorities each year.

“If there was truly an urgent problem that needed to be addressed before the 2026 election, the department should have publicly identified it months ago,” Bollin said. “Instead, these rules appeared late in the process with little explanation and no real opportunity for debate.”

Bollin emphasized that Michigan’s Constitution gives the Legislature the authority to make election law, while administrative rules are intended only to implement laws already passed by elected lawmakers.

“Major election policy changes should go through the legislative process, where the public can see the debate, hear testimony, and hold elected officials accountable,” Bollin said. “Administrative agencies should not be using the rulemaking process to create new powers for themselves."

Bollin also pointed to what she sees as a troubling pattern from Benson, noting that several election directives and pieces of guidance issued by the department at her direction have ultimately been struck down in court as unlawful.

“Secretary Benson has repeatedly tried to push beyond the authority granted under Michigan election law, and the courts have had to step in time and time again,” Bollin said. “That history makes it even more important for the public to closely scrutinize her latest proposal.”

The public hearing on the proposed rules will take place May 22. Written comments may be submitted to Elections-PublicComment@Michigan.gov until 5 p.m. that day.

More information is attached below.