LANSING, Mich. (Michigan News Source) – Secretary of State Jocelyn Benson has fumbled and resisted Freedom of Information Act (FOIA) requests in her current job but don’t worry – she says you can trust her to comply with Michigan’s open records law if elected governor in November 2026.

Michigan’s unique FOIA laws.

Michigan’s FOIA laws exempt the governor’s office and members of the Legislature from Freedom of Information Act (FOIA) policies. Under this law, elected officials are not obligated to provide documents to constituents or the media. Other state agencies, local municipalities, and the secretary of state’s office are not exempt from those protections.

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Benson spoke to the media at last week’s Mackinac Policy Conference and referred to FOIA compliance as important. “Again, I, as governor, will voluntarily comply with it and will call on the Legislature to do the same,” Benson said.

Benson’s comments come as she spars with the Michigan House over a subpoena requesting election training materials. She ignored FOIA requests from the House for months; they finally issued her a subpoena and after Benson released the wrong documents, House leadership voted to find Benson in contempt. Benson has requested a mediator to intervene.

The Legislature is working to expand FOIA…again.

The Legislature has tried to expand FOIA’s reach for years, and now a Senate-approved proposal is on the table. Senate Majority Leader Winnie Brinks (D-Grand Rapids) supports the proposal and is urging the House to act, but GOP House Speaker Matt Hall (R-Richland) opposes the Democrat-backed plan. He’s previously called the bills “watered down.”

Gov. Gretchen Whitmer cannot run for reelection in 2026 due to term limit. Benson joins fellow Democrats Lt. Gov. Garlin Gilchrist II and Genesee County Sheriff Chris Swanson on the Democratic side of the ticket. Republicans running for governor include State Sen. Aric Nesbitt (Porter Township) and Congressman John James. Detroit Mayor Mike Duggan is running as an independent.