Secretary of State attempting to expand authority without legislative approval

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.

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

“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 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 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.