The Republican National Committee (RNC), Michigan GOP, and Chesterfield Township Clerk Cindy Berry argue that Benson and Director of Elections Jonathan Brater have overstepped their authority by allowing certain non-residents to vote in Michigan. The complaint challenges both Benson’s instructions and a state statute that they say wrongly permits people who have never lived in Michigan to cast ballots.

MORE NEWS: Campbell’s Cans VP After Hot-Mic Insults Go Public

In a statement, RNC Chairman Gruters says, “Individuals who have never lived in the United States, let alone Michigan, should not have a say in Michigan’s elections. Democrat Secretary of State Jocelyn Benson is ignoring the Michigan Constitution by allowing people who don’t live in Michigan to vote in Michigan. That’s why the RNC is fighting to ensure only lawful votes count.”

Benson’s six-year litigation trail looms over new court fight.

Benson’s extensive litigation history provides the backdrop: 69 election-related lawsuits in six years, according to a MIRS report – more than the last four secretaries of state combined. Rep. Steve Carra (R-Three Rivers) has mocked her as a “serial election lawsuit loser,” though her office notes she has won most of those cases.

The newest dispute: Who counts as a Michigan voter?

The lawsuit claims Chapter 7 of the Election Officials Manual goes beyond what the Michigan Constitution allows. Benson’s guidance says a U.S. citizen who has never lived in the country but whose parent, guardian, or spouse was last domiciled in Michigan may vote here if they haven’t registered elsewhere. Plaintiffs argue this effectively invents a new class of voters.

The plaintiffs further contend the statute supporting her view is unconstitutional because it allegedly allows overseas spouses and dependents who never lived in Michigan to vote in all elections, not just federal ones.

Local clerks stuck in the middle.

Clerk Cindy Berry says Benson’s directions put clerks in an impossible position: follow their constitutional oath or follow the secretary of state’s binding instructions.

Round two in court.

This is the second time the Court of Claims has been asked to rule on this issue. A similar complaint was dismissed in 2024 for being too close to the general election. However, she also ruled that Benson’s guidance was “consistent with federal and state law and the Michigan constitution.”