Leveraging the Michigan Secretary of State’s social media to promote content linked to Jocelyn Benson’s Facebook page is not illegal, according to the department’s chief legal director.
Michigan Department of State Chief Legal Director Michael Brady explained his reasoning in a letter to Assistant Attorney General Joshua Booth that addressed a campaign finance complaint filed by former Macomb County Chief Deputy Clerk Paul Kardasz last year.
“The evidence submitted in this matter is insufficient to support a finding of a potential violation of the (Michigan Campaign Finance Act),” the letter reads. “The evidence does not establish that the posts or the act of sharing/tagging in the posts constitutes express advocacy, nor does the evidence show that the sharing or tagging in these posts results in an ascertainable monetary value. Therefore, the Department’s posts and actions do not contain the necessary elements to constitute an ‘expenditure’ or ‘contribution’ as is required to establish a violation.”
The December letter came in response to a 40-page complaint from Kardasz that cited four examples of the Secretary of State’s Facebook page sharing content from Benson’s campaign Facebook page in late October, as well as other examples of mentions or tags promoting Benson or her campaign page.
The alleged violations came months before Benson, a former hate crimes investigator for the disgraced Southern Poverty Law Center, announced plans to oversee her own election for governor in 2026.
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