Benson Breaks Her Own Rules, Breaks the Law?

Lansing, MI – Michigan Secretary of State Jocelyn Benson has allowed two candidates onto the statewide ballot who should have been disqualified, per WXYZ News Detroit. The candidates in question are running for Michigan Supreme Court with the U.S. Taxpayers Party and were nominated via party convention, but State Bar Association records show that neither candidate is a licensed attorney in Michigan.

In a statement, Benson’s State Department said “nothing prevents the candidates from appearing on the ballot”; however, according to their own policy, that does not seem to be true. 

When Benson kicked more than a dozen candidates off the ballot in 2022 for incorrect information on their required Affidavits of Identity, the department released a statement saying:

The Michigan Election Law prohibits filing officials from certifying to the ballot the names of candidates whose affidavits of identity are missing required information or that contain false statements.”

The department continued: 

“Courts have determined that the Department of State must require strict compliance with the Michigan Election Law for candidate affidavits of identity. Candidates who omit required information cannot be certified to the ballot.”

According to Benson’s own department, the Secretary of State not only has the authority to kick candidates off the ballot, but they also have the legal obligation to do so. 

One of the many requirements on the Affidavit of Identity candidates for office file with the Secretary of State is a confirmation that they meet the requirements to fill the office under the Michigan Constitution. Being a licensed attorney is a Constitutional requirement to serve on the Michigan Supreme Court.

To make matters worse, Benson was forewarned about these ineligible candidates. On August 18th, 2026, Michigan’s Bureau of Elections (BOE) was told that both candidates were not eligible for the office they sought. Benson’s BOE ignored that warning.

Due to their Constitutional ineligibility, any votes cast for these candidates will not count.

“According to Jocelyn Benson’s own interpretation of the law, these candidates never should have made the ballot,” said Gabe Butzke, a spokesperson for Michigan Forward Network. “There are only two possible conclusions: either Jocelyn Benson biffed it and totally failed to accomplish one of the most important statutory duties the SOS has, or Benson and her department are deliberately trying to disenfranchise every Michigander who votes for these candidates. Her office is either so incompetent that it beggars belief or she is thoroughly corrupt – take your pick.”

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