By Alethia Kasben
Gongwer News Service
Judge Sima Patel will preside over the lawsuit between House Republicans and Secretary of State Jocelyn Benson after Judge Brock Swartzle recused himself from the case.
In a motion last week, Swartzle indicated he had a relative involved in the matter and recused himself after the Court of Claims case was filed.
Patel, who has recently presided over another key case involving the House – the lawsuit from the Senate seeking to force the House to present nine bills from the 2023-24 term – will get the case.
House Republicans filed House v. Benson (CoC Docket No. 25-000096) on Thursday after the House Oversight Committee subpoenaed documents from Benson and the Department of State, hasn’t received all of them and has held Benson in contempt of the House.
The House is seeking expedited and immediate consideration.
In an additional filing supporting its request for summary disposition, the House argues it needs access to the training materials it has requested from Benson to develop and promulgate election laws.
“The training materials at issue fall squarely within the House’s role as the ultimate legislative authority over Michigan elections,” the additional filing says.
“Defendants refusal to turn them over is puzzling – particularly given that the training materials are created in response to an express, legislative directive under Michigan Election Law. Thus, defendants’ boilerplate objections can be dismissed out of hand and easily overruled as a matter of law by this court.”
The lawsuit argues Benson is committing “political gamesmanship” and there is no valid or legal reason to “refuse a bonafide legislative subpoena.”
Benson through the Department of Attorney General has argued there is no legislative purpose of the subpoena. Some information has been released to lawmakers, but the Department of State has security concerns with releasing all of the information as requested by the House.
“Releasing material that would reveal security feature information or other sensitive information, jeopardizes,” the administration of elections, the Department of Attorney General said in a May letter on behalf of the Department of State.
The House lawsuit rejects that argument.
“Defendants offer only speculation and veiled conspiratorial suggestions in support of their purported security concerns which they have amazingly maintained even though the House – in writing – volunteered a confidential joint redaction process whereby legal counsel and at least two representatives from each side would meet and confer in good faith regarding the redactions the Secretary believes are necessary to ensure the security of elections,” the lawsuit says.
In a statement Thursday, Benson spokesperson Cheri Hardmon said they have long wanted a court to review the House’s request for information.
“Let’s be clear — the Republican chair of the House Oversight Committee is demanding information that could be used to interrupt the chain of custody of ballots, tamper with election equipment or impersonate a clerk on Election Day,” she said.
Gongwer News Service
Judge Sima Patel will preside over the lawsuit between House Republicans and Secretary of State Jocelyn Benson after Judge Brock Swartzle recused himself from the case.
In a motion last week, Swartzle indicated he had a relative involved in the matter and recused himself after the Court of Claims case was filed.
Patel, who has recently presided over another key case involving the House – the lawsuit from the Senate seeking to force the House to present nine bills from the 2023-24 term – will get the case.
House Republicans filed House v. Benson (CoC Docket No. 25-000096) on Thursday after the House Oversight Committee subpoenaed documents from Benson and the Department of State, hasn’t received all of them and has held Benson in contempt of the House.
The House is seeking expedited and immediate consideration.
In an additional filing supporting its request for summary disposition, the House argues it needs access to the training materials it has requested from Benson to develop and promulgate election laws.
“The training materials at issue fall squarely within the House’s role as the ultimate legislative authority over Michigan elections,” the additional filing says.
“Defendants refusal to turn them over is puzzling – particularly given that the training materials are created in response to an express, legislative directive under Michigan Election Law. Thus, defendants’ boilerplate objections can be dismissed out of hand and easily overruled as a matter of law by this court.”
The lawsuit argues Benson is committing “political gamesmanship” and there is no valid or legal reason to “refuse a bonafide legislative subpoena.”
Benson through the Department of Attorney General has argued there is no legislative purpose of the subpoena. Some information has been released to lawmakers, but the Department of State has security concerns with releasing all of the information as requested by the House.
“Releasing material that would reveal security feature information or other sensitive information, jeopardizes,” the administration of elections, the Department of Attorney General said in a May letter on behalf of the Department of State.
The House lawsuit rejects that argument.
“Defendants offer only speculation and veiled conspiratorial suggestions in support of their purported security concerns which they have amazingly maintained even though the House – in writing – volunteered a confidential joint redaction process whereby legal counsel and at least two representatives from each side would meet and confer in good faith regarding the redactions the Secretary believes are necessary to ensure the security of elections,” the lawsuit says.
In a statement Thursday, Benson spokesperson Cheri Hardmon said they have long wanted a court to review the House’s request for information.
“Let’s be clear — the Republican chair of the House Oversight Committee is demanding information that could be used to interrupt the chain of custody of ballots, tamper with election equipment or impersonate a clerk on Election Day,” she said.
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