Jocelyn Benson recall, Michigan Secretary of State (2020-2021)

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Michigan Secretary of State recall
Officeholders
Jocelyn Benson
Recall status
Did not go to a vote
See also
Recall overview Political recall efforts, 2021 Recalls in Michigan Michigan recall laws State executive recalls Recall reports

Nine recall efforts against Michigan Secretary of State Jocelyn Benson (D) were launched in 2021. The Michigan Board of State Canvassers considered one recall effort at their May 14 meeting. The board did not approve the petition for circulation. The other eight recalls were considered at their July 26 meeting. None of the petitions were approved for circulation.

Three efforts to recall Benson were launched in 2020. One effort was approved for circulation by the Michigan Board of State Canvassers, one effort was withdrawn, and one effort was rejected by the board. Signatures for the approved recall effort were due by March 23, 2021. The required signatures were not submitted to recall Benson. Read more on those efforts here.

Supporters of the approved recall effort needed to submit 1,046,006 signatures within a 60-day period to force a recall election. The 60-day period begins on the first day that signatures are collected. The recall petition must be submitted to the office of Michigan's secretary of state no later than 180 days after it was approved by the board. According to state recall rules, if a recall is appealed to the court of appeals, the petition is valid 180 days after either the court renders a decision or 40 days after the date of appeal whichever comes sooner. Read more here on how recalls function in Michigan.

Benson was elected as Michigan's secretary of state in 2018 with 52.9% of the vote. Ruth Johnson (R) served as secretary of state from 2011 to 2019.

To read about other recall efforts related to the coronavirus and government responses to the pandemic, click here.

Inactive recall campaigns

First recall effort (submitted by Chad Baase; withdrawn)

The recall petition was filed by Chad Baase on July 28, 2020. The petition was considered on August 11, 2020, by the Michigan Board of State Canvassers. The petition was withdrawn by Baase during the August 11 meeting. The petition listed the following reasons for recall:

“	For signing Executive Order 2020-04, Declaration of State of Emergency, on March 10, 2020 and for also signing Executive Order 2020-67, Declaration of state of emergency under the Emergency Powers of the Governor Act, 1945 PA 302, on April 30, 2020.	”
—Jocelyn Benson Recall Petition Language

Second recall effort (submitted by James Makowski; rejected)

The second recall petition was filed by James Makowski on August 20, 2020. The petition was considered on September 2, 2020, by the Michigan Board of State Canvassers. The board rejected the petition by a 4-0 vote. The petition listed the following reasons for recall:

“	Jocely Benson (D) is the Michigan Secretary of State	”
—Jocelyn Benson Recall Petition Language

Third recall effort (submitted by Chad Baase; ended)

The third recall petition was filed by Chad Baase on September 7, 2020. The petition was considered on September 24, 2020, by the Michigan Board of State Canvassers. The board approved the petition by a 4-0 vote. In an interview with MLive in December 2020, Baase said he did not intend to collect signatures to recall Benson. The petition listed the following reasons for recall:

“	For announcing on Thursday, August 13, 2020 that she, Jocelyn Benson, will be sending Michigan voters postcards encouraging them to apply online to vote from home in the November Presidential Election.	”
—Jocelyn Benson Recall Petition Language

Fourth recall effort (submitted by Chad Baase; petition rejected)

The recall petition was filed by Chad Baase on April 26, 2021. This was the fourth recall effort filed against Benson since she took office in 2019. The state Board of State Canvassers met remotely on May 14, 2021, to hold a clarity and factual hearing to review the recall's petition language. The board did not approve the petition for circulation. The petition listed the following reasons for recall:

“	The guidance issued by the Secretary of State Jocelyn Benson on October 6, 2020, with respect to signature-matching standards was issued in violation of the Administrative Procedures Act. Secretary of State Jocelyn Benson opposed SB 308, which seeks to establish and require signature verification training for all county, city, and township clerks and for all precinct inspectors, saying it would require “overly specific and restrictive” signature verification” in a press conference on April 21, 2021.	”
—Jocelyn Benson Recall Petition Language

Fifth and sixth recall efforts (submitted by David Blair; petitions rejected)

The recall petitions were filed by David Blair on July 7, 2021. These were the fifth and sixth recall efforts filed against Benson since she took office in 2019. The state Board of State Canvassers met on July 26, 2021, to hold a clarity and factual hearing to review the recall's petition language. The board did not approve the petitions for circulation. The petitions listed the following reasons for recall:

“

On at least one occasion regarding last year’s handling of COVID-19 by the state’s executive offices, Jocelyn Benson did not exhibit public favor or prioritize her oath to support the constitutions. Benson’s negligence to influence and observe or carryout actions that were entirely aligned with upholding the constitutional rights of all state residents attributed to mass frustration coupled with avoidable harm to the state and its people. This lack of moral obligation and distorted sense of duty and/or gross incompetence brings to question her motives, loyalties, and ability to faithfully discharge the duties of this office.

”

Seventh and eighth recall efforts (submitted by David Blair; petitions rejected)

The recall petitions were filed by David Blair on July 7, 2021. These were the seventh and eighth recall efforts filed against Benson since she took office in 2019. The state Board of State Canvassers met on July 26, 2021, to hold a clarity and factual hearing to review the recall's petition language. The board did not approve the petitions for circulation. The petitions listed the following reasons for recall:

“

For violating the Administrative Procedures Act when she gave guidance to local clerks on how to verify signatures in October of 2020.

”

Ninth and tenth recall efforts (submitted by David Blair; petitions rejected)

The recall petitions were filed by David Blair on July 7, 2021. These were the ninth and tenth recall efforts filed against Benson since she took office in 2019. The state Board of State Canvassers met on July 26, 2021, to hold a clarity and factual hearing to review the recall's petition language. The board did not approve the petitions for circulation. The petitions listed the following reasons for recall:

“

Benson refused to testify in front of a State House Oversight Committee hearing on the 2020 general election and said she would be willing to testify before the people’s representatives when it made a good talking point for her and got her good press. Benson also refused to testify before Senate Oversight Committee on Michigan’s election audits.

”

Eleventh and twelfth recall efforts (submitted by David Blair; petitions rejected)

The recall petitions were filed by David Blair on July 7, 2021. These were the eleventh and twelfth recall efforts filed against Benson since she took office in 2019. The state Board of State Canvassers met on July 26, 2021, to hold a clarity and factual hearing to review the recall's petition language. The board did not approve the petitions for circulation. The petitions listed the following reasons for recall:

“

Amidst election controversy and sworn testimony of election irregularities by poll watchers, Benson sent an outgoing communication requesting specific instructions be carried out. On December, 1st, 2020 Secretary of State, Jocelyn Benson issued a memo via her Board of Elections that stated: “E-Pollbook laptops and flash drives: The EPB software and associated files must be deleted from all devices by the seventh calendar day following the final canvass and certification of the election (November 30, 2020) unless a petition for recount has been filed and the recount has not been completed, a post-election audit is planned but has not yet been completed, or the deletion of the data has been stayed by an order of the court or the Secretary of State.”

”

Path to the ballot

See also: Laws governing recall in Michigan

Recall process

Recall is a process whereby an elected official can be removed from office prior to the end of his or her term. All elected officials in Michigan are subject to recall except judges of courts of record. The process for recalling a state official in Michigan is outlined below:

• A recall petition must first be filed with the Board of State Canvassers. The board holds a hearing to determine whether the reason for the petition is factual and clear; that is the only criteria considered by the board to approve or reject the petition. Click here to learn more about these hearings.
• Once approved by the board, the petitioner must amass a number of signatures equal to 25 percent of the number of votes cast in the last general election in the electoral district of the officer sought to be recalled. The petitioner has 60 days to collect these signatures beginning on the date the first signature is collected; however, the petition must be submitted to the Michigan Secretary of State no later than 180 days after it was approved by the board.
• If an approved petition is appealed to the state Court of Appeals, then "the recall petition cannot be circulated until the Court of Appeals renders a decision or until 40 days following the date of appeal, whichever is sooner."
• The Secretary of State then has 35 days to determine the validity of the signatures on the petition by verifying the voter registration status of those who signed. If the petition is approved, a special recall election will be scheduled on the next general election date wherein other candidates may challenge the incumbent for the governor's seat.
• If an election is forced, the incumbent may submit a justification statement for the conduct that triggered the recall which is printed on the special election ballot for voters to consider.

Clarity and factual hearing

A clarity and factual hearing is the first step in the recall process. Michigan laws state that the reason for petition must be deemed factual and clear by the Board of State Canvassers before the recall petition can be placed in circulation. The board does not document a rationale for their determination, only the judgment of rejected or approved.

The board also does not have the authority to make a determination on the legitimacy of the reason for recall, nor do Michigan laws explicitly state the criteria for judging a petition as factual and clear. This means that any reason for the recall can be placed on a petition and approved for circulation, so long as the reason is clearly stated and does not contain falsehoods.

Recalls related to the coronavirus

See also: Recalls related to the coronavirus (COVID-19) and government responses to the pandemic

Ballotpedia covered 35 coronavirus-related recall efforts against 94 officials in 2022, accounting for 13% of recalls that year. This is a decrease from both 2020 and 2021. COVID-related recalls accounted for 37% of all recall efforts in both 2020 and 2021. In 2020, there were 87 COVID-related recalls against 89 officials, and in 2021, there were 131 against 214 officials.

The chart below compares coronavirus-related recalls to recalls for all other reasons in 2020, 2021, and 2022.

Election history

2018

See also: Michigan Secretary of State election, 2018

General election

General election for Michigan Secretary of State

Jocelyn Benson defeated Mary Treder Lang, Gregory Scott Stemple, and Robert Gale in the general election for Michigan Secretary of State on November 6, 2018.

		Candidate	%	Votes
✔		Jocelyn Benson (D)	52.9	2,213,243
		Mary Treder Lang (R)	44.0	1,840,118
	Submit photo	Gregory Scott Stemple (L)	2.0	81,849
	Submit photo	Robert Gale (U.S. Taxpayers Party)	1.2	48,816

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	There were no incumbents in this race. The results have been certified. Source	Total votes: 4,184,026
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See also

• Recall campaigns in Michigan
• Political recall efforts, 2020
• Political recall efforts, 2021

External links

Suggest a link

• Office of Secretary of State - Jocelyn Benson