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HR 117

A resolution to hold Secretary of State Jocelyn Benson and the Department of State in civil contempt of the Michigan House of Representatives.

2025-2026 Regular Session Introduced by Ann Bollin and 1 co-sponsor

Declares Secretary of State Benson and the Department of State in civil contempt for noncompliance with House subpoenas and authorizes legal action to enforce production.

roll call Roll Call #128 Yeas 58 Nays 47 Excused 0 Not Voting 5
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Bill Summary · HR 117

Summary — Michigan House Resolution No. 117 (HR 117)

Title: A resolution to hold Secretary of State Jocelyn Benson and the Department of State in civil contempt of the Michigan House of Representatives

Offered by: Representatives Jay DeBoyer and Bollin
Key dates: subpoenas issued April 22, 2025 (deadline May 13, 2025); objections raised May 7, 2025; meet-and-confer demand May 16, 2025 (compliance deadline May 22, 2025 at 11:00 a.m.); adopted by the House May 22, 2025 (Roll Call #128 — Yeas 58, Nays 47, Excused 0, Not Voting 5).

Main purpose / intent

HR 117 declares that Michigan Secretary of State Jocelyn Benson and the Michigan Department of State are in civil contempt of the Michigan House of Representatives for failing to comply with subpoenas issued by the House Oversight Committee. The resolution directs the House Office of Legal Counsel to pursue legal steps needed to secure compliance.

Background and legal authority

  • The resolution cites the legislature’s oversight authority and subpoena powers under Michigan law (MCL 4.101 and MCL 4.541) and House Rule 36(2), which authorizes the House Oversight Committee to issue subpoenas during the legislature’s term.
  • The Oversight Committee voted on April 15, 2025 to authorize subpoenas; subpoenas were served on the Department of State on April 22, 2025 with a document production deadline of May 13, 2025 at 4:00 p.m.
  • The Department of State, through an attorney in the Michigan Attorney General’s office, formally objected to the subpoenas on May 7, 2025.

Key provisions / actions in the resolution

  • Declares Secretary Benson and the Department of State to be in violation of the House’s subpoenas.
  • Holds them in civil contempt of the Michigan House of Representatives for failing to comply.
  • Directs the House Office of Legal Counsel to take “steps necessary and proper” to obtain compliance, explicitly including initiation of legal action (i.e., seeking judicial enforcement).
  • Orders that copies of the resolution be transmitted to the Secretary of State.

What was being sought / subject matter

  • The resolution states that the subpoenas sought “certain documents” for a matter under investigation by the House Oversight Committee. The text specifically identifies reviewing election training materials as a valid legislative purpose that justified issuing the subpoenas.

Who is affected

  • Primary subjects: Secretary of State Jocelyn Benson and the Michigan Department of State (department records and staff involved in the subpoenaed materials).
  • Secondary: the House Oversight Committee and the House Office of Legal Counsel (which will lead enforcement efforts); Michigan courts may become involved if legal enforcement is pursued.
  • Broader implications for state executive-legislative relations and future legislative oversight subpoenas.

Practical effect and likely next steps

  • The resolution itself is a legislative finding and a trigger for enforcement action; it does not directly compel documents in place of a court order.
  • The House Office of Legal Counsel is authorized to file suit in court to enforce the subpoenas or obtain injunctive relief/compulsory orders compelling production.
  • If the House pursues judicial enforcement, a court would resolve statutory, constitutional, and privilege objections raised by the Department of State.
  • The action increases public and legal pressure on the Secretary of State’s office and could establish procedural precedent for enforcement of legislative subpoenas in Michigan.

Procedural / timeline notes

  • Subpoenas: authorized April 15, served April 22 (original production deadline May 13, 2025). House sought meet-and-confer and extended demand through May 22, 2025 (11:00 a.m.); resolution adopted May 22, 2025 after noncompliance.
  • Resolution is a civil contempt finding by the House and instructs legal counsel to seek court enforcement; timing for litigation will depend on when the House Office of Legal Counsel initiates action and court scheduling.

This summary focuses on the Michigan House Resolution No. 117 content and effects as presented in the legislative text and procedural record.

Compiled from official sources — confirm details with the bill’s official record.

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