Latest news with #MichiganCampaignFinanceAct
Yahoo
25-06-2025
- Politics
- Yahoo
Did councilmembers, former mayor commit a felony when they coordinated on signage in Saugatuck?
A letter from the Michigan Bureau of Elections indicates four current and former officials may have committed a felony in Saugatuck when they collaborated on campaign signage in 2024. It's been eight months since former Saugatuck Mayor Ken Trester submitted a complaint to the Michigan Bureau of Elections against the organization called EPIC, alleging campaign finance violations. In his complaint, filed in October 2024, Trester claimed EPIC never filed a legal statement of organization (a requirement under the Michigan Campaign Finance Act), before posting campaign signage and newspaper advertisements for Saugatuck City Council Incumbents Lauren Stanton, Helen Baldwin and Scott Dean. An address listed for EPIC on the signage matched an address listed for "Empowering People Investing in Communities" on LARA, an online filing system for state corporations. The directory lists Leigh G. Lewis (Garnet Lewis) as president and resident agent. At the time, the Allegan County Clerk's Office confirmed to The Sentinel that EPIC hadn't filed the required statement. In March, the Michigan Bureau of Elections provided Trester with a copy of Lewis' response, in which she took responsibility for the error. In her response, Lewis said she filed the statement with the Allegan County Clerk's Office in November after realizing it hadn't been submitted. She also said the standard "error and omission notice" was received and signed in January 2025 and she was fined $1,000. She signaled EPIC would dissolve. Trester filed a rebuttal April 11, asking the department not to allow the dissolution. He raised new concerns about EPIC's political involvement with other campaigns and their status as a nonprofit organization. On June 16, a determination letter was received regarding the rebuttal. In the letter, the Michigan Bureau of Elections said the department is limited to investigating the original complaint, and lacked the authority to investigate EPIC's nonprofit status. However, the letter noted, under the Michigan Campaign Finance Act, those coordinating through contributions or expenditures to influence an election are required to register as a committee. 'EPIC registered with the department as an Independent Expenditure Committee,' the letter read. 'Section 24B of the MCFA prohibits an (IEC) from making a contribution to a candidate committee. Violation of the section by an individual is a felony punishable by imprisonment for not more than three years or a fine of not more than $5,000, or both.' The letter said IECs can make independent expenditures in support of specific candidates, but 'cannot coordinate with candidates on campaign materials.' 'A review of EPIC's campaign finance filings indicates that Stanton, Baldwin, and Dean were the only contributors to EPIC when they registered as an IEC. Similarly, they were the only three candidates that EPIC supported through advertisements, fliers and yard signs.' Therefore, the letter said, "(It's) highly likely the candidates coordinated with EPIC in violation of Section 24B." Dean, Stanton and Baldwin denied any wrongdoing to The Sentinel, saying the situation runs much deeper than EPIC. 'This issue relates to spending for less than 100 yard signs and three ads in a community newspaper for a campaign that took place a year ago,' Baldwin wrote. 'It's unfortunate that a small group in our town looks for ways to make public service as painful as possible for those with the courage to serve, and this is yet another example.' Dean and Stanton said policy differences and conflicts between Trester and Lewis go back several years, when both served on Saugatuck City Council. More: Rebuttal filed against Garnet Lewis' explanation of EPIC campaign finance complaint Stanton said the complaint is 'an effort to smear us and keep stirring up controversy over something that involved how we paid for yard signs. It's ridiculous.' According to the letter, the Michigan Bureau of Elections will seek to correct the possible violation informally before referring the matter to the Michigan Attorney General's Office. Lewis indicated to The Sentinel she'll work with the BOE to resolve the matter informally. She has until Oct. 24 to make contact. Lewis was first elected to Saugatuck City Council in November 2019. She secured re-election in November 2021 for a two-year term ending November 2023. Shortly after, Lewis was selected by council to serve as mayor for a one-year term, running through November 2022. This isn't the first time Lewis has run into election challenges. In August 2023, she pled guilty to a single charge of failing to report a violation on a nominating/initiative petition. In court, she admitted she failed to sign a petition sheet and didn't report it. Lewis agreed to pay $500 in fines and court fees, and was given a delayed sentence of six months. The case was later dismissed. She has also faced ire over the listing of several individuals as directors and officers of EPIC on LARA, several of whom denied holding the roles. In a letter sent to Allegan County Clerk Bob Genetski and provided to The Sentinel, Mary Fechtig, Elizabeth Estes, Julie Ridl and Holly Leo wrote, "We write to clarify in no uncertain terms that none of the undersigned had any knowledge of the EPIC entity before seeing (a) Facebook post on Oct. 25, 2024. "In addition, none of us have any memory of agreeing to act as directors or officers of EPIC. Finally, after a review of our personal records, including emails, text, and hard copy materials, we can find no indication of any of us having involvement in (EPIC). " ... It goes without saying, therefore, that none of us have been involved in a decision related to EPIC's funding or other support of political candidates in the current race of Saugatuck City Council.' Trester told The Sentinel the determination letter shows the severity of the offense in question. "You can no longer say these are just minor slip-ups or just a mistake," he said. "This is a serious offense and, if it was done by mistake, OK, but you have to answer for it." — Contact reporter Austin Metz at ametz@ This article originally appeared on The Holland Sentinel: Letter: Lewis, Stanton, Dean, Baldwin may have committed a felony in 2024
Yahoo
20-05-2025
- Business
- Yahoo
Michigan House holds oversight hearing on the Michigan Transparency Network
LANSING, Mich. (WLNS)– Today, two Michigan House of Representatives committees will host a joint hearing to investigate the Michigan Transparency Network. The committees claim it is 'riddled with serious flaws.' The Oversight Committee and the Appropriations Subcommittee on General Government will meet at the State Capitol at 9 a.m. to question the Department of State on the Michigan Transparency Network (MiTN). Secretary of State Jocelyn Benson introduced the new financial disclosure system last year, after Michigan voters decided in 2022 that they should have public access to the details of their lawmakers' and candidates' finances. Governor Gretchen Whitmer, Lt. Governor Garlin Gilchrist II, Attorney General Dana Nessel, State Senators, and Representatives, for example, must file financial disclosure reports in the system, as well as interactions with lobbyists. Republican Representatives claim that state officials, political organizations, and lobbyists struggle to submit the required reports because they say the system is 'hard to navigate.' Yesterday, Michigan Attorney General Dana Nessel and her office concluded that Secretary of State Jocelyn Benson violated the Michigan Campaign Finance Act (). Secretary of State Jocelyn Benson violates Campaign Finance Act, Attorney General confirms In January, the Michigan Republican Party filed a complaint against Secretary Benson, alleging that her use of the lobby violated state election law. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Yahoo
20-05-2025
- Politics
- Yahoo
Jocelyn Benson violated campaign finance act, Michigan attorney general says
The Brief The Michigan attorney general says Jocelyn Benson violated campaign finance law when she announced her candidacy for governor. Benson's press conference announcing the run took place inside the lobby of the Austin Building, despite rules precluding public officials from using public spaces for non-official reasons. Due to a quirk in the Michigan Campaign Finance Act, the attorney general said she did not have the authority to impose any penalties on Benson. (FOX 2) - The Michigan Attorney General says Jocelyn Benson violated state campaign finance laws when she announced her campaign for governor. The current secretary of state announced her bid for governor in January, addressing the media from the lobby of a government-owned building in Lansing. Big picture view Benson's announcement that she was running for governor of Michigan inside the Richard H. Austin Building violated the Michigan Campaign Finance Act, state Attorney General Dana Nessel's office says. In an opinion released Monday, Nessel's chief of opinions, Joshua Booth said Benson violated a section of the MCFA that prohibits a public official from using funds, personnel, office space, computer hardware, or other public resources to contribute to a candidate. However, Booth also found the attorney general only has authority to find whether the secretary of state violated the law - she cannot impose any penalty. "It is determined that Secretary Benson's use of the Austin Building lobby space to hold a press conference to announce her gubernatorial candidacy is aviolation of section 57 of the MCFA," the opinion reads. The backstory Benson announced her candidacy for governor for the 2026 election on Jan. 22 while in Lansing. During the press conference, she made a statement before taking questions from the press. At one point, a reporter asked why Benson was holding the press conference inside. She responded she didn't want people to stand in the cold weather, according to the opinion. When a reporter asked if other candidates could use the lobby of the building - which is operated by the Department of Technology, Management, and Budget (DTMB) - she replied "of course." The announcement drew the ire of Republican groups crying foul over the alleged violation. The Michigan GOP filed a complaint against Benson days later. Dig deeper The Michigan Secretary of State is required by law to refer campaign finance complaints to the attorney general - even complaints against the secretary of state. However, in writing his opinion, Booth found there is no means by which the attorney general can fine the secretary of state to resolve a violation. "Consequently, the Attorney General is left with no choice but to simply identify the violation, remind the Secretary of State of her obligations under the MCFA, and warn her against violating them in the future," the opinion read. The Source A letter outlining the investigation's results from the Michigan Attorney General was used while reporting this story.
Yahoo
19-05-2025
- Politics
- Yahoo
AG: Benson gubernatorial announcement in public building violated campaign finance act
Secretary of State Jocelyn Benson speaks to reporters after launching her campaign for governor in Lansing, Mich., on Jan. 22, 2025. (Photo by Andrew Roth/Michigan Advance) The secretary of state's use of a government building – one that houses the department she oversees – to announce her candidacy for governor violated Michigan's campaign finance laws, the Department of Attorney General said Monday. That said, the department noted it did not have the authority to impose any civil penalties against Secretary of State Jocelyn Benson, nor any criminal penalties outlined in the law. Benson jumped into the 2026 gubernatorial ring on January 22 with a press conference held in the lobby of the Austin building. Benson said then that the announcement was being held inside the building due to the cold weather. Reporters at the event questioned whether other candidates could also use the lobby for similar announcements, with some noting that other candidates had not been allowed to do so in the past. Benson says she's focused on 'efficiency and transparency' in Michigan governor campaign Benson told reporters that other candidates could use the lobby if they'd like to announce their campaigns – which led to complaints from Republicans. In a letter sent to Benson on Monday, Joshua Booth, chief of the opinions division with the Department of Attorney General, said the secretary of state had violated a portion of the Michigan Campaign Finance Act. That said, Booth wrote that the Jocelyn Benson for Governor campaign committee had not violated the law because it was not a public body and because there was no allegation that the campaign committee was acting on behalf of a government body. The act prohibits candidates from using public funds, personnel, office space, equipment and other property paid for by public resources. In that regard, Booth said Benson herself violated the act. 'Secretary Benson invited members of the press inside the Austin Building and then conducted a press conference, professionally dressed, during the day, in the lobby of the building that houses her office,' Booth wrote. 'She gave no indication that would lead a reasonable person viewing the press conference to believe that she was there on her 'personal time.' Instead, the circumstances would lead a reasonable person to believe that Secretary Benson was acting as secretary of state with the authority of the Department of State, which is a 'public body,' to invite members of the press inside her office building and use the lobby for the press conference.' As to Benson's belief that other candidates could also use the Austin building to announce their candidacy, the law does allow for the use of public buildings for campaign events or candidate announcements. But Booth said her belief was misplaced because the Department of Technology, Management and Budget oversees the building, and therefore, the facility was not one that any candidate or committee had an equal opportunity to use. Benson's committee also raised First Amendment concerns, and argued that any violation of the act enforced against it would in turn violate her constitutional rights. But Booth said limiting candidates from using the building was a legitimate purpose because such a gathering could interfere with the entering, exiting and the general business of those working inside the building. A violation of the act carries a civil penalty of a fine not more than $1,000 imposed by the Department of State and a conciliation process helps determine the amount of the fine. If an agreement cannot be reached, the Department of State can refer the matter to the attorney general's office. The act is, however, silent on how the Department of Attorney General should resolve a complaint against the Secretary of State if it's determined that a violation occurred. Booth said there are no provisions establishing a conciliation process, other informal method of resolving the complaint, or giving authority to the attorney general's office to order a hearing or issue a civil fine following a hearing. There is also no provision allowing the secretary of state to appeal a fine imposed by the Department of Attorney General. The same goes for criminal penalties, Booth said. The act states that anyone in violation of Michigan campaign finance law is guilty of a misdemeanor, but because the complaint was referred to the attorney general by the secretary of state, the attorney general's office lacks the authority to charge Benson with a misdemeanor. Booth said that it may sound odd and seem unfair that Benson is subject to the Campaign Finance Act's rules but none of its penalties, but the Legislature never expressly gave the attorney general the authority to enforce the law against a secretary of state. 'Consequently, the attorney general is left with no choice but to simply identify the violation, remind the secretary of state of her obligations under the MCFA, and warn her against violating them in the future,' Booth wrote. 'That said, it is by no means unusual for the Secretary of State to resolve campaign finance complaints with a similar reminder and warning. … Under the circumstances, resolving these complaints with a reminder and warning is the appropriate sanction, but it is also important to take this opportunity to point out the lack of enforcement options available to the attorney general under the current language of the MCFA.' SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX
Yahoo
19-05-2025
- Politics
- Yahoo
Secretary of State Jocelyn Benson violates Campaign Finance Act, Attorney General confirms
LANSING, Mich. (WLNS) — Michigan Attorney General Dana Nessel and her office have concluded that Secretary of State Jocelyn Benson violated the Michigan Campaign Finance Act (). The Office of the Attorney General reports that this ruling was made in response to complaints alleging that Secretary Benson's use of the Richard H. Austin Building lobby to hold a press conference announcing her run for governor on January 22 violated the MCFA. Section 15(9) of the requires the Attorney General to determine if a violation has occurred when a complaint is brought against the Secretary of State. The letter sent to Secretary Benson includes an analysis of the Department of Attorney General's enforcement authority under section 15(9) of the MCFA. The office reports that, under the statute, they have no authority to impose civil or criminal penalties for a violation by the Secretary of State. Michigan GOP files campaign finance complaint against Secretary of State In January, the Michigan Republican Party filed a complaint against Secretary Benson, alleging that her use of the lobby violated state election law. The MIGOP said that this choice of venue violated Michigan law and submitted a complaint under of the MCFA. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
