Injuctive decisions with Ultimatum

STATE OF MICHIGAN
IN THE CIRCUIT COURT
INGHAM COUNTY

THE PEOPLE OF THE STATE OF MICHIGAN, Plaintiff
(Signatures Attached)

v.

JOCELYN BENSON, in her official capacity as Secretary of State and as a candidate for Governor of Michigan, Defendant

COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF

Case No.
Hon.

I. INTRODUCTION

Plaintiff brings this action to protect the integrity of the 2026 Michigan gubernatorial election. Defendant Jocelyn Benson currently holds the office of Michigan Secretary of State while simultaneously seeking the office of Governor of Michigan. This dual role creates an unconstitutional and irreparable conflict of interest. No individual should be permitted to oversee, administer, and certify an election in which she herself is a candidate. The people of Michigan have a fundamental right to a fair and impartial election process. That right is being violated.

II. PARTIES

1. Plaintiffs are the People of the State of Michigan, represented by the signatures attached hereto, all of whom are registered voters and residents of the State of Michigan.
2. Defendant Jocelyn Benson is the duly elected Secretary of State of Michigan and has filed as a candidate for Governor of Michigan in the 2026 election cycle.

III. JURISDICTION AND VENUE

3. This Court has jurisdiction pursuant to MCL 600.605 and MCL 168.951a.
4. Venue is proper in Ingham County as the office of the Secretary of State is located within this county and the actions complained of originate there.

IV. STATEMENT OF FACTS

5. Jocelyn Benson currently serves as Michigan Secretary of State.
6. As Secretary of State, Benson oversees and administers all elections in the State of Michigan, including the certification of ballots and election results.
7. Benson has filed as a candidate for Governor of Michigan in the 2026 election.
8. The 2026 gubernatorial election is the same election Benson is responsible for overseeing and certifying in her capacity as Secretary of State.
9. No neutral, impartial oversight of the 2026 gubernatorial election can exist while a candidate in that election retains administrative and certifying authority over it.
10. This conflict of interest undermines public confidence in the electoral process and violates the due process rights of every Michigan voter and candidate.

V. LEGAL CLAIMS

Count I. Violation of Due Process. US Constitution, Fourteenth Amendment.

11. Plaintiffs incorporate all prior paragraphs by reference.
12. The Due Process Clause of the Fourteenth Amendment guarantees every citizen the right to a fair and impartial process free from the appearance and reality of bias.
13. A candidate overseeing her own election violates this guarantee on its face.

Count II. Violation of Michigan Election Law. MCL 168.951a.

14. Plaintiffs incorporate all prior paragraphs by reference.
15. MCL 168.951a provides grounds for recall and removal of an officer who engages in conduct that constitutes a clear conflict of interest with the duties of that office.
16. Defendant\'s simultaneous candidacy and administrative oversight of the same election constitutes such a conflict.

Count III. Declaratory Relief.

17. Plaintiffs seek a declaration from this Court that Defendant cannot lawfully serve as both a candidate for Governor and as the administering officer of the election in which she is a candidate.

VI. RELIEF REQUESTED

WHEREFORE, Plaintiffs respectfully request that this Court:

A. Declare that Defendant Jocelyn Benson cannot lawfully oversee, administer, or certify any portion of the 2026 Michigan gubernatorial election while remaining a candidate in that election.

B. Issue a preliminary and permanent injunction ordering Defendant to either withdraw her candidacy for Governor or immediately recuse herself from all duties as Secretary of State related to the 2026 gubernatorial election.

C. Appoint a neutral third party or direct the Michigan Legislature to designate an impartial officer to administer the 2026 gubernatorial election in Benson\'s place.

D. Award such other relief as this Court deems just and proper.

Respectfully submitted on behalf of the People of the State of Michigan

Lead Petitioner:
Printed Name:
Signature:
Address:
Date:
Contact:

Signature pages attached and incorporated herein by reference.