Cox, also a former Republican candidate for governor, has amended his Freddom of Information Act (FOIA) lawsuit against Benson and the Michigan Department of State, accusing officials of dragging their feet on records concerning Benson’s dealings with the Southern Poverty Law Center (SPLC) and improperly concealing an email address she allegedly used for government business.

Republicans want answers about Benson’s SPLC ties

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The records fight comes as the SPLC itself is under federal indictment on fraud and money- laundering-related charges stemming from its use of paid informants inside extremist groups. Prosecutors allege millions of dollars in donor funds were secretly funneled to informants associated with groups including the Ku Klux Klan and white nationalist organizations – allegations the SPLC denies. Benson previously worked for the SPLC and served on its board of directors from 2014 to 2018, prompting Michigan Republicans to demand records and answers about what she knew about the organization’s activities and whether her relationship with the group continued after she became secretary of state.

$5,000 later and only 30 pages delivered

Cox requested records in April concerning communications, meetings and coordination between Benson, her department and the SPLC, including records on personal email accounts. The department estimated the work would cost $10,309.94 and take about 10 weeks. Cox paid the required $5,154.97 deposit in May.

Then came a trickle of records. According to the lawsuit, the department produced just 30 pages on July 28, with its estimated completion period nearly over. Cox says several categories of requested records still have not been produced.

Cox’s attorney argues the delays were no accident, pointing to internal department records that he says show officials planned from the beginning to use the maximum time allowed. “The documents tell the story,” said Kevin Kijewski of KDK Law. “Two days after the request arrived, the Department wrote down its plan: take the maximum extension, send the deposit letter on the last allowed day. Then it missed its own deadline, covered up the Secretary’s secret email address without citing a single exemption, and answered our request for a date with a motion to dismiss. The amended complaint asks the Court to set a firm date and to use every remedy the statute provides.”

The email address that shall not be named

Four pages in the records stood out: emails Benson allegedly used to coordinate an official 2019 SPLC visit. Her government email address appears elsewhere unredacted, but the address used in those specific messages was blacked out. The lawsuit argues that indicates Benson was using a non- government account for official business.