No. 52

STATE OF MICHIGAN

JOURNAL

OF THE

House  of  Representatives

103rd Legislature

REGULAR  SESSION  OF  2025

House Chamber, Lansing, Tuesday, June 3, 2025.

1:30 p.m.

The House was called to order by the Speaker Pro Tempore.

The roll was called by the Clerk of the House of Representatives, who announced that a quorum was present.

e/d/s = entered during session

Pastor Jesse Meerman, Associate Pastor of Georgetown Christian Fellowship in Hudsonville, offered the following invocation:

“Lord I thank You for the opportunity to begin this session with Prayer. All of our efforts will be fruitless unless You are the One Who guides them. In dedicating this time to You, we acknowledge that we can accomplish nothing without You. And with You, nothing is impossible. If You did not withhold Your own Son from us, we know that You will freely give us all things that we ask in Your Name with gratitude. You have shown Yourself to be powerful in this chamber many times in the past and recently. May You show Yourself to us again today, that we may give You the glory You deserve.

Thank You Lord for purchasing our Freedom with Your own Blood. We would be lost and without Hope, but for Your kindness to look on us in our state of helplessness. Though this chamber has been endowed with power, we are still clay in Your hands. You put kings and governors in their positions, and we take this moment to acknowledge Your kindness to each of these members to give them work to do for You here.

Thank You for government, Lord whose purpose is to secure our unalienable, God-given Rights. Thank You for our Rights. They come from You, and You give without repentance. This body derives its just Power from the consent of the governed, and I pray they will use it as You intend, to bring Liberty and Justice for all.

Will You give wisdom by Your Spirit to these ministers of God that You have established to praise those who do well, and bring wrath on those who practice evil.

Just like Jesus instructed when He sent out His disciples, and I pray so often for my brother, ‘Behold, I am sending you out as sheep in the midst of wolves; so be as wary as serpents, and as innocent as doves.’ So I pray for each of these who are gathered, especially my brothers and sisters in Christ. May they recognize the evil one who is roaming about these halls, seeking whom he may devour. And may they always see the way of escape from temptation that You always provide, and take it.

I ask in closing, that each member here would be able to stand before You with the confidence that they have done today what You asked them to do.

I ask the Father for all this with Thanksgiving and in the Name of Jesus. Amen.”

______

Rep. Fitzgerald moved that Reps. Brenda Carter, Edwards and Whitsett be excused from today’s session.

The motion prevailed.

Rep. Posthumus moved that Reps. DeBoer, Hoadley and Wozniak be excused from today’s session.

The motion prevailed.

Announcement by the Clerk of Printing and Enrollment

The Clerk announced that the following bills had been reproduced and made available electronically on Thursday, May 22:

House Bill Nos. 4520 4521 4522 4523 4524 4525 4526

The Clerk announced the enrollment printing and presentation to the Governor on Friday, May 23, for her approval of the following bill:

Enrolled House Bill No. 4345 at 2:00 p.m.

The Clerk announced that the following bills had been reproduced and made available electronically on Friday, May 30:

Senate Bill Nos. 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 348

The Clerk announced that the following Senate bills had been received on Tuesday, June 3:

Senate Bill Nos. 207 208 215

Reports of Standing Committees

The Committee on Transportation and Infrastructure, by Rep. Outman, Chair, reported

House Bill No. 4426, entitled

A bill to amend 1963 PA 181, entitled “Motor carrier safety act of 1963,” by amending section 2d (MCL 480.12d), as amended by 2011 PA 160.

Without amendment and with the recommendation that the bill then pass.

The bill was referred to the order of Second Reading of Bills.

Favorable Roll Call

To Report Out:

Yeas: Reps. Outman, Alexander, Carra, Bruck, Kunse, Neyer, Prestin, Bohnak, Frisbie, Wortz, Koleszar, Andrews and Miller

Nays: Rep. Herzberg

The Committee on Transportation and Infrastructure, by Rep. Outman, Chair, reported

Senate Bill No. 41, entitled

A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2092) by adding section 108.

Without amendment and with the recommendation that the bill then pass.

The bill was referred to the order of Second Reading of Bills.

Favorable Roll Call

To Report Out:

Yeas: Reps. Outman, Alexander, Carra, Bruck, Kunse, Neyer, Prestin, Bohnak, Frisbie, Wortz, Herzberg, Hope, Koleszar, Andrews, Grant, Miller and Wilson

Nays: None

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Outman, Chair, of the Committee on Transportation and Infrastructure, was received and read:

Meeting held on: Tuesday, June 3, 2025

Present: Reps. Outman, Alexander, Carra, Bruck, Kunse, Neyer, Prestin, Bohnak, Frisbie, Wortz, Herzberg, Hope, Koleszar, Andrews, Grant, Miller and Wilson

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Wendzel, Chair, of the Committee on Energy, was received and read:

Meeting held on: Tuesday, June 3, 2025

Present: Reps. Wendzel, Prestin, Martin, BeGole, Schmaltz, Fairbairn, Frisbie, Linting, Tate, Brixie, Liberati, Andrews, Coffia, Herzberg and Myers-Phillips

Absent: Reps. DeBoer and Thompson

Excused: Reps. DeBoer and Thompson

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Smit, Chair, of the Committee on Election Integrity, was received and read:

Meeting held on: Tuesday, June 3, 2025

Present: Reps. Smit, Fox, Outman, Alexander, Pavlov, Wooden, Koleszar and Xiong

Absent: Rep. Hoadley

Excused: Rep. Hoadley

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. DeBoyer, Chair, of the Committee on Oversight, was received and read:

Meeting held on: Tuesday, June 3, 2025

Present: Reps. DeBoyer, Bierlein, Meerman, Paquette, Carra, Bruck, Jaime Greene, Rigas, Schriver, Woolford, Miller, Pohutsky, Conlin, MacDonell, Mentzer, Tsernoglou and Wegela

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Jaime Greene, Chair, of the Committee on Communications and Technology, was received and read:

Meeting held on: Tuesday, June 3, 2025

Present: Reps. Jaime Greene, Kunse, Wendzel, Schmaltz, Schriver, Fairbairn, Linting, Andrews and Skaggs

Absent: Reps. Scott and Arbit

Excused: Reps. Scott and Arbit

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Schmaltz, Chair, of the Committee on Families and Veterans, was received and read:

Meeting held on: Tuesday, June 3, 2025

Present: Reps. Schmaltz, Fox, Johnsen, Thompson, Pavlov, Woolford, Young, Byrnes, Rheingans and Xiong

Absent: Rep. Wozniak

Excused: Rep. Wozniak

Messages from the Senate

Senate Bill No. 207, entitled

A bill to create a Michigan veterans coalition fund; and to provide for the powers and duties of certain state governmental officers and entities.

The Senate has passed the bill.

The bill was read a first time by its title and referred to the Committee on Appropriations.

Senate Bill No. 208, entitled

A bill to create a Michigan veterans coalition grant program; and to provide for the powers and duties of certain state governmental entities.

The Senate has passed the bill.

The bill was read a first time by its title and referred to the Committee on Appropriations.

Senate Bill No. 215, entitled

A bill to amend 1976 PA 331, entitled “Michigan consumer protection act,” by amending section 3k (MCL 445.903k), as added by 2018 PA 211.

The Senate has passed the bill.

The bill was read a first time by its title and referred to the Committee on Appropriations.

Messages from the Governor

Date: June 2, 2025

Time: 12:00 p.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 4345 (Public Act No. 5, I.E.), being

An act to amend 1979 PA 94, entitled “An act to make appropriations to aid in the support of the public schools, the intermediate school districts, community colleges, and public universities of the state; to make
appropriations for certain other purposes relating to education; to provide for the disbursement of the appropriations; to authorize the issuance of certain bonds and provide for the security of those bonds; to prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to create certain funds and provide for their expenditure; to prescribe penalties; and to repeal acts and parts of acts,” by amending section 101 (MCL 388.1701), as amended by 2023 PA 103.

(Filed with the Secretary of State on June 2, 2025, at 2:02 p.m.)

Introduction of Bills

Reps. VanderWall, Tisdel and Paiz introduced

House Bill No. 4527, entitled

A bill to amend 1937 PA 10, entitled “An act to define the use of travel aids by blind persons; to provide protection against accidents to such persons; to require instruction and examination in certain circumstances; and to provide penalties for violation hereof,” by amending sections 1a, 2, and 3 (MCL 752.51a, 752.52, and 752.53), sections 1a and 2 as amended by 2002 PA 401 and section 3 as amended by 1986 PA 62.

The bill was read a first time by its title and referred to the Committee on Health Policy.

Reps. Tisdel, Paiz and VanderWall introduced

House Bill No. 4528, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 17b of chapter XVII (MCL 777.17b), as added by 2002 PA 28.

The bill was read a first time by its title and referred to the Committee on Health Policy.

Reps. Robinson, Schuette, Woolford, Jaime Greene and Bruck introduced

House Bill No. 4529, entitled

A bill to amend 1927 PA 372, entitled “An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices; to prohibit the buying, selling, or carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices without a license or other authorization; to provide for the forfeiture of firearms and electro-muscular disruption devices under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act,” by amending sections 5b and 5l (MCL 28.425b and 28.425l), section 5b as amended by 2023 PA 37 and section 5l as amended by 2017 PA 95.

The bill was read a first time by its title and referred to the Committee on Judiciary.

Reps. Pohutsky, Rheingans, Dievendorf, Weiss, Rigas, Hope, McFall, Price, Breen, Steckloff, Bierlein, Kunse, Byrnes, Mentzer, Mueller, Young, Arbit and Scott introduced

House Bill No. 4530, entitled

A bill to amend 1974 PA 258, entitled “Mental health code,” by amending section 748a (MCL 330.1748a), as added by 1998 PA 497.

The bill was read a first time by its title and referred to the Committee on Families and Veterans.

Reps. Rigas, Pohutsky, Rheingans, Dievendorf, Weiss, Hope, McFall, Price, Breen, Steckloff, Bierlein, Kunse, Byrnes, Mentzer, Mueller, Young, Arbit and Scott introduced

House Bill No. 4531, entitled

A bill to amend 1975 PA 238, entitled “Child protection law,” by amending section 9 (MCL 722.629), as amended by 1988 PA 372.

The bill was read a first time by its title and referred to the Committee on Families and Veterans.

Reps. Price, Hope, Brixie, Mentzer, Coffia, Phil Green, Weiss, Morgan, Rheingans, Bierlein, Martus, MacDonell, Miller, Young, Tsernoglou, Hoskins, Glanville, Arbit, Longjohn, Herzberg, Brenda Carter, Liberati, Byrnes, Tyrone Carter and Alexander introduced

House Bill No. 4532, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending sections 81, 81a, and 81d (MCL 750.81, 750.81a, and 750.81d), sections 81 and 81a as amended by 2023 PA 271 and section 81d as amended by 2006 PA 517.

The bill was read a first time by its title and referred to the Committee on Judiciary.

Reps. Bierlein, Hope, Price, Brixie, Mentzer, Coffia, Phil Green, Weiss, Morgan, Rheingans, Martus, MacDonell, Young, Tsernoglou, Hoskins, Glanville, Arbit, Longjohn, Herzberg, Brenda Carter, Liberati, Byrnes, Tyrone Carter and Alexander introduced

House Bill No. 4533, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16d of chapter XVII (MCL 777.16d), as amended by 2023 PA 208.

The bill was read a first time by its title and referred to the Committee on Judiciary.

Reps. Phil Green, Hope, Price, Brixie, Mentzer, Coffia, Weiss, Morgan, Rheingans, Bierlein, Martus, MacDonell, Young, Tsernoglou, Hoskins, Glanville, Arbit, Longjohn, Herzberg, Brenda Carter, Liberati, Byrnes, Tyrone Carter and Alexander introduced

House Bill No. 4534, entitled

A bill to amend 1974 PA 258, entitled “Mental health code,” by amending section 461 (MCL 330.1461), as amended by 2018 PA 593, and by adding section 1021 and chapter 10A.

The bill was read a first time by its title and referred to the Committee on Judiciary.

Reps. Hope, Price, Brixie, Mentzer, Coffia, Phil Green, Weiss, Morgan, Rheingans, Bierlein, Martus, MacDonell, Young, Tsernoglou, Hoskins, Glanville, Arbit, Longjohn, Herzberg, Brenda Carter, Skaggs, Liberati, Byrnes, Tyrone Carter and Alexander introduced

House Bill No. 4535, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 1093 (MCL 600.1093), as amended by 2024 PA 44.

The bill was read a first time by its title and referred to the Committee on Judiciary.

Reps. Rheingans, Coffia, Price, Byrnes, Morgan, Wegela, Tsernoglou, Breen, Young, Wilson and MacDonell introduced

House Bill No. 4536, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” (MCL 500.100 to 500.8302) by adding section 3406ss.

The bill was read a first time by its title and referred to the Committee on Communications and Technology.

Reps. Rheingans, Coffia, Price, Byrnes, Morgan, Wegela, Tsernoglou, Breen, Young, Wilson and MacDonell introduced

House Bill No. 4537, entitled

A bill to amend 1939 PA 280, entitled “The social welfare act,” (MCL 400.1 to 400.119b) by adding section 107b.

The bill was read a first time by its title and referred to the Committee on Communications and Technology.

Reps. Rheingans, Coffia, Price, Morgan, Byrnes, Wegela, Tsernoglou, Young, Wilson, MacDonell and Foreman introduced

House Bill No. 4538, entitled

A bill to amend 1972 PA 348, entitled “An act to regulate relationships between landlords and tenants relative to rental agreements for rental units; to regulate the payment, repayment, use and investment of security deposits; to provide for commencement and termination inventories of rental units; to provide for termination arrangements relative to rental units; to provide for legal remedies; and to provide penalties,” by amending the title and section 1 (MCL 554.601), as amended by 2024 PA 179, and by adding section 1e.

The bill was read a first time by its title and referred to the Committee on Communications and Technology.

Reps. Wooden and Meerman introduced

House Bill No. 4539, entitled

A bill to amend 1966 PA 346, entitled “State housing development authority act of 1966,” by amending sections 58 and 58b (MCL 125.1458 and 125.1458b), section 58 as amended by 2008 PA 216 and section 58b as amended by 2008 PA 244.

The bill was read a first time by its title and referred to the Committee on Economic Competitiveness.

Reps. Meerman and Wooden introduced

House Bill No. 4540, entitled

A bill to amend 1966 PA 346, entitled “State housing development authority act of 1966,” by amending section 58c (MCL 125.1458c), as amended by 2008 PA 216.

The bill was read a first time by its title and referred to the Committee on Economic Competitiveness.

Reps. Paiz, Rheingans, Breen, Glanville, Tyrone Carter, MacDonell, Weiss, Mentzer, Miller, Snyder and Byrnes introduced

House Bill No. 4541, entitled

A bill to amend 2003 PA 238, entitled “Michigan law on notarial acts,” by amending sections 11 and 15 (MCL 55.271 and 55.275), section 11 as amended by 2018 PA 361 and section 15 as amended by 2018 PA 360.

The bill was read a first time by its title and referred to the Committee on Regulatory Reform.

Reps. Paiz, Miller, Tsernoglou, MacDonell, Breen, Glanville, Edwards and Byrnes introduced

House Bill No. 4542, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by adding section 2980.

The bill was read a first time by its title and referred to the Committee on Judiciary.

Reps. Schuette, Pavlov, Mentzer, Borton and Bierlein introduced

House Bill No. 4543, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 527a (MCL 206.527a), as amended by 2022 PA 266.

The bill was read a first time by its title and referred to the Committee on Economic Competitiveness.

Reps. Longjohn, Wooden, Mentzer, MacDonell, Scott, Price, Andrews, Arbit, Wegela, Edwards, Miller, Foreman, Hoskins, Morgan, Rheingans, Myers-Phillips, Byrnes, Skaggs, Tyrone Carter, Wilson, Martus, O’Neal, Neeley, Weiss, Dievendorf, Conlin, Breen, Hope, Paiz, McKinney, Brixie, Coffia, Young, Glanville, Snyder and McFall introduced

House Bill No. 4544, entitled

A bill to provide for a cost and affordability review of certain prescription drug products; to create the prescription drug pricing board and prescription drug affordability stakeholder council and to prescribe their powers and duties; to provide for the powers and duties of certain state governmental officers and entities; to establish upper payment limits for certain prescription drug products and provide remedies; and to provide for the promulgation of rules.

The bill was read a first time by its title and referred to the Committee on Government Operations.

Reps. Mentzer, Longjohn, MacDonell, Andrews, Arbit, Wegela, Miller, Foreman, Wooden, Scott, Hoskins, Morgan, Rheingans, Myers-Phillips, Byrnes, Skaggs, Tyrone Carter, Wilson, Martus, O’Neal, Neeley, Weiss, Dievendorf, Conlin, Breen, Hope, Paiz, McKinney, Brixie, Coffia, Young, Glanville, Snyder, Price and McFall introduced

House Bill No. 4545, entitled

A bill to amend 1939 PA 280, entitled “The social welfare act,” (MCL 400.1 to 400.119b) by adding section 109o.

The bill was read a first time by its title and referred to the Committee on Government Operations.

Reps. Scott, Mentzer, MacDonell, Andrews, Miller, Price, Arbit, Wegela, Edwards, Foreman, Wooden, Hoskins, Morgan, Rheingans, Myers-Phillips, Byrnes, Longjohn, Skaggs, Tyrone Carter, Wilson, Martus, O’Neal, Neeley, Weiss, Dievendorf, Conlin, Breen, Hope, Paiz, McKinney, Brixie, Coffia, Young, Glanville, Snyder and McFall introduced

House Bill No. 4546, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” (MCL 500.100 to 500.8302) by adding section 3406tt.

The bill was read a first time by its title and referred to the Committee on Government Operations.

Rep. Snyder introduced

House Bill No. 4547, entitled

A bill to create a Tricare premium reimbursement program; and to provide for the powers and duties of certain state governmental officers and entities.

The bill was read a first time by its title and referred to the Committee on Families and Veterans.

Reps. Outman, Wortz, Rigas, DeBoyer, Fairbairn, Frisbie, Harris, Steele, Borton, BeGole, Paquette, Carra, DeSana, Johnsen, Markkanen, Cavitt, Bohnak, Prestin, Martin, Jenkins-Arno, Roth, Hoadley, Bruck, Maddock, Schriver, Beson, Schmaltz, St. Germaine, VanderWall and Jaime Greene introduced

House Joint Resolution J, entitled

A joint resolution proposing an amendment to the state constitution of 1963, by amending section 28 of article IX, to modify the legislature’s limits on state spending according to a certain formula.

The joint resolution was read a first time by its title and referred to the Committee on Appropriations.

Announcements by the Clerk

May 28, 2025

Received from Michigan Strategic Fund the notification of request for modification of Strategic Site Readiness Program (SSRP) Grant – Shiawassee Economic Development Partnership (SEDP), required by Public Act 270 of 1984, Sec. 88(t)(8).

Scott E. Starr

Clerk of the House

By unanimous consent the House returned to the order of

Second Reading of Bills

House Bill No. 4285, entitled

A bill to amend 1976 PA 451, entitled “The revised school code” (MCL 380.1 to 380.1852) by adding section 1163a.

Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Natural Resources and Tourism,

The substitute (H-1) was adopted, a majority of the members serving voting therefor.

Rep. VanderWall moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed.

House Bill No. 4401, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 43525c (MCL 324.43525c), as amended by 2021 PA 6.

The bill was read a second time.

Rep. Jaime Greene moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed.

House Bill No. 4301, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 2 and 698 (MCL 257.2 and 257.698), section 2 as amended by 2011 PA 231 and section 698 as amended by 2020 PA 382.

The bill was read a second time.

Rep. BeGole moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed.

House Bill No. 4302, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 312e (MCL 257.312e), as amended by 2022 PA 193.

The bill was read a second time.

Rep. McFall moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed.

By unanimous consent the House returned to the order of

Motions and Resolutions

Reps. DeSana, Schriver, Markkanen, Jaime Greene, Maddock, Fox and Smit offered the following resolution:

House Resolution No. 118.

A resolution directing the impeachment of Jocelyn Benson, Secretary of State of the state of Michigan, for corrupt conduct in office and for crimes and misdemeanors.

Whereas, Article XI, Section 7 of the Michigan Constitution states, in part:

The house of representatives shall have the sole power of impeaching civil officers for corrupt conduct in office or for crimes or misdemeanors, but a majority of the members elected thereto and serving therein shall be necessary to direct an impeachment.

; and

Whereas, Jocelyn Benson has repeatedly exceeded her authority, acted with insufficient transparency, and abused her position as Secretary of State. She has issued guidance and taken actions in violation of Michigan statute and the Michigan Constitution, failed to adequately respond to the public’s concerns about the accuracy, security, and integrity of our elections, and refused to engage with those who question or criticize her practices. An entity associated with Secretary Benson corruptly contributed to the campaign of a Justice on the Michigan Supreme Court during the pendency of a case challenging Secretary Benson’s instructions, and several aspects of the manner in which Secretary Benson administers elections may violate state and federal law; now, therefore, be it

Resolved by the House of Representatives, That Jocelyn Benson, Secretary of State of the state of Michigan, is impeached for corrupt conduct in office and for crimes and misdemeanors. The following Articles of Impeachment are adopted by the House of Representatives and shall be exhibited to the Senate:

ARTICLES OF IMPEACHMENT EXHIBITED BY THE HOUSE OF REPRESENTATIVES OF THE STATE OF MICHIGAN IN THE NAME OF ITSELF AND OF THE PEOPLE OF THE STATE OF MICHIGAN AGAINST JOCELYN BENSON, SECRETARY OF STATE OF THE STATE OF MICHIGAN, IN MAINTENANCE AND SUPPORT OF ITS IMPEACHMENT AGAINST HER FOR CORRUPT CONDUCT IN OFFICE AND FOR CRIMES AND MISDEMEANORS.

ARTICLE I

Jocelyn Benson, Secretary of State of the state of Michigan, has repeatedly exceeded the scope of authority delegated to her by Michigan statute, and even infringed on the Michigan Constitution, and has exhibited corrupt conduct when these actions were challenged. Through these actions, she has demonstrated her contempt for her oath of office and the rule of law.

Article III, Section 2 of the Michigan Constitution provides: “The powers of government are divided into three branches: legislative, executive and judicial. No person exercising powers of one branch shall exercise powers properly belonging to another branch except as expressly provided in this constitution.” Under Article IV, Section 1, “the legislative power of the State of Michigan is vested in a senate and a house of representatives.”

Article XI, Section 1 of the Michigan Constitution provides, in part: “All officers, legislative, executive and judicial, before entering upon the duties of their respective offices, shall take and subscribe the following oath or affirmation: I do solemnly swear (or affirm) that I will support the Constitution of the United States and the constitution of this state, and that I will faithfully discharge the duties of the office of .......... according to the best of my ability.”

 Secretary Benson’s actions in administering Michigan’s elections have intruded on the legislative power and violated the Michigan Constitution, and she has not fulfilled her oath to faithfully discharge the duties of her office.

Secretary Benson’s disrespect for the constitutional separation of powers was evident over the course of the O’Halloran v. Benson lawsuit. Plaintiffs in this case challenged various provisions of a manual published by Secretary Benson, titled “The Appointment, Rights, and Duties of Election Challengers and Poll Watchers,” alleging that they were contrary to the provisions of the Michigan Election Law, 1954 PA 116, MCL 168.1 et seq., and that they constituted “rules” that were not properly promulgated under the Administrative Procedures Act of 1969 (APA), 1969 PA 306, MCL 24.201 et seq.

On October 3, 2023, legal counsel for Secretary Benson stated before the Michigan Court of Appeals that it was her client’s position that the Secretary of State is not bound to promulgate rules pursuant to the APA. Rather, she argued that the Secretary has the authority under the Michigan Election Law to simply issue instructions, even on subjects that would qualify as a “rule” under the definitions of the APA, ignoring the procedural requirements imposed by the Legislature in that statute. She also argued that, if the Legislature enacted a statute requiring the Secretary to promulgate rules in accordance with the APA on a particular subject, the Secretary might choose to ignore the statute and continue to use instructions and guidance if the Secretary felt it was a bad idea to promulgate rules on that subject.

 On October 19, 2023, the Court of Appeals issued a unanimous three-to-zero decision in O’Halloran, Docket No. 363503, striking down the challenged provisions of Secretary Benson’s manual on election challengers. Despite this, Secretary Benson filed an appeal on November 30, 2023, prolonging the legal dispute.

On April 26, 2024, while the appeal in O’Halloran was pending before the Michigan Supreme Court, a political action committee launched by and affiliated with Secretary Benson, known as Michigan Legacy PAC, made a contribution of $82,5000 to the Keep Kyra Harris Bolden for Justice committee, Justice Bolden’s candidate committee. One month later, on May 29, 2024, the Court ordered oral argument in O’Halloran, scheduled less than three weeks later, on June 18, 2024. Subsequently, on August 28, 2024, Justice Bolden authored the majority opinion in O’Halloran, Docket. No. 166424, overturning nearly all of the lower courts’ rulings against Secretary Benson’s manual. This created at least the appearance of corruption and could even be construed as a violation of Section 117 of the Michigan Penal Code, MCL 750.117, bribery of a public officer.

Though the Michigan Supreme Court ultimately upheld many, though not all, aspects of the guidance challenged in O’Halloran, several other directives issued by Secretary Benson have been struck down by the courts. For instance, the Court of Claims in O’Halloran invalidated the Secretary’s ban on appointing election challengers on election day, an issue that was not appealed in that case. In 2020, the Court of Claims also held in Davis v. Benson, Docket No. 20-000207-MZ, that plaintiffs were likely to succeed on the merits of their APA challenge to a directive from Secretary Benson directing local election officials to prohibit the open carry on election day in polling places, the clerk’s office, and absent voter counting boards, and within 100 feet of those locations.

Furthermore, Secretary Benson has repeatedly attempted to establish a standard for verifying signatures on absent voter ballot applications and absent voter ballots that included a presumption of validity, and been repeatedly rebuffed by the courts. In Genetski v. Benson, Docket No. 20-000216-MM, the Court of Claims held that the signature verification standards published by the Secretary constituted “rules” under the APA that were not properly promulgated. After this 2021 ruling, the Department of State began the APA rulemaking process and eventually promulgated rules on this subject, receiving significant pushback on the idea of using an initial presumption of validity during the public comment period. The presumption was ultimately excluded from the text of the rules adopted but was somehow retained in the catch line to one rule. Secretary Benson then issued updated guidance on signature verification that again stated that signatures were entitled to an initial presumption of validity. The rules and guidance were challenged in Republican National Committee v. Benson, Docket No. 24-00041-MZ, and the Court of Claims held in 2024 that the initial presumption of validity violated the constitutional and statutory requirements to verify the identity of absentee voters.

The Bureau of Elections, which operates under the Department of State, also arguably exceeded its authority when it recommended that the Board of State Canvassers certify the results of the November 3, 2020, general election, despite the fact that they had been made aware of allegations that the Wayne County Board of Canvassers never properly certified the results. At the November 17, 2020, meeting of the Wayne County Board of Canvassers, the board initially deadlocked on certification, with the two Democratic members voting in favor of the motion to approve the certification and the two Republican members voting against it. This vote did not satisfy Section 24e of the Michigan Election Law, MCL 168.24e(1), which requires one member of each political party to concur in any action. Later that day, the board unanimously adopted a motion “for certification of the November 3, 2020 General Election,” but the board had never moved to reconsider the earlier vote. Thus, it could be argued that the Wayne County election results were not properly certified, such that the election records should have been delivered to the Board of State Canvassers for certification under Section 822 of the Michigan Election Law, MCL 168.822(2), as amended by 2018 PA 614. This did not occur. Instead, the Board of State Canvassers certified the result of the November 2020 general election, as recommended by the Bureau of Elections, on November 23, 2020. This was arguably in contravention of Section 842 of the Michigan Election Law, MCL 168.842(1), as amended by 2018 PA 382, which provided that the Board of State Canvassers may “canvass the returns for any office for which the complete returns have been received.” If the complete returns for offices voted for in Wayne County were never received by the Board of State Canvassers, it may not have had the authority to canvass the returns for those offices and certify the result.

Wherefore, Jocelyn Benson, by such conduct, warrants impeachment and trial, and removal from office.

ARTICLE II

The Secretary of State is the chief election officer of this state. In this role, the Secretary is responsible for both administering our elections in a secure manner and responding appropriately when questions are raised about election security, so as to maintain the public trust in our representative system of government. However, Jocelyn Benson has failed to adequately respond to the concerns of the people, and thus has failed to fulfill her role as chief election officer.

Allegations have been made that the electronic and paper copies of the Qualified Voter File and Electronic Poll Book records differ, but this has been difficult to investigate. The electronic records are only made available by the Department of State, not local clerks, due to concerns about revealing sensitive information about the software design and redacting confidential information. Some are concerned about the centralization of these records and their inability to independently verify whether the records held by the Department of State are the same as those at the local level.

There are also concerns about the regular deletion of Electronic Poll Book data following elections. Following the 2020 and 2022 November general elections, Secretary Benson issued a directive ordering the deletion of the Electronic Poll Book software and associated files “by the seventh calendar day following the final canvass and certification of the election,” with certain exceptions for recounts, audits, and court orders. While Section 799a of the Michigan Election Law, MCL 168.799a(4), provides that sealed materials, including programs, may be released from their original seal seven days after the final determination of the board of canvassers, it also provides that the released materials are to be secured and preserved as required by that act. Furthermore, federal statute requires every officer of election to retain and preserve, for a period of 22 months from the date of any election for a federal office, “all records and papers which come into his possession relating to any application, registration, payment of poll tax, or other act requisite to voting in such election.” Willfully failing to comply with this requirement, or willfully destroying any record required to be retained by this law, creates criminal liability. The deletion of the Electronic Poll Book software and associated files arguably violates both of these laws. While a paper copy of the poll book contents is printed for retention as the official record, “all” records of the election are not maintained. This also does not suffice to satisfy those who worry that the electronic record may be altered before the paper copy is produced.

Secretary Benson’s efforts to verify the accuracy and digital security of election machinery have also been inadequate. Some have concerns about the security protocols provided for in the Department of State’s rules for Electronic Voting Systems, and they have doubts about the rigor and scope of testing these systems undergo. Many have also called for more intensive audits of our elections, a matter that has been almost entirely delegated to the Secretary of State. Secretary Benson has the power to create stricter and more thorough audit procedures, but she has failed to do so.

Michiganders have been asking questions and expressing concerns about the security and integrity of our elections for years, but they do not feel that their voices are being heard. Secretary Benson’s failure to adequately address these issues, and her potential violation of state and federal requiring the retention of election records, is grounds for her impeachment.

Wherefore, Jocelyn Benson, by such conduct, warrants impeachment and trial, and removal from office.

ARTICLE III

Transparency and communication should be a priority for any elected official, who is responsible to and derives her power from the people. But Jocelyn Benson has not demonstrated her commitment to these ideals during her time as Secretary of State. Instead, the people have felt ignored, belittled, and disrespected.

Secretary Benson allegedly blocks people on her social media pages, insulating herself from opinions she does not want to hear, questions she does not want to answer, and problems she does not want to address. She has also threatened local boards of canvassers, stating in a video posted on social media in August 2024: “If someone were to violate the law and not certify the election at the local level, we will come for you.”

Secretary Benson has demonstrated her willingness to follow through on threats of this nature, as the Director of the Bureau of Elections ordered Stephanie Scott, the Adams Township Clerk, to refrain from any election administration activities in October 2021. Clerk Scott was officially removed because she would not confirm that she would sign certificates confirming that Public Accuracy Testing had been performed, refused to agree to allow preventative maintenance on her township’s voting equipment, and would not say that she would continue using that equipment. However, Clerk Scott indicated that her reluctance was due to her questions about the sufficiency of the accuracy testing and the potential vulnerability of her township’s tabulators to hacking. It is the Secretary of State’s responsibility to ensure that such questions are answered and both election officials and the public are informed about the operations of Michigan’s elections, so the people can trust the results.

Wherefore, Jocelyn Benson, by such conduct, warrants impeachment and trial, and removal from office.

; and be it further

Resolved, That in accordance with Article XI, Section 7 of the Michigan Constitution, the House of Representatives will proceed with the election of three members from its own body whose duty it shall be to
prosecute such impeachment and that these members are authorized and empowered to prepare and present the Articles of Impeachment adopted by this resolution.

The resolution was referred to Committee on Government Operations.

Reps. McFall, Price, Young, Coffia, Arbit, Morgan, Wegela, Snyder, Liberati, Miller, Bierlein, Phil Green, Edwards, Steckloff, Dievendorf, Slagh, Farhat, Rogers, Brenda Carter, Pohutsky, Hoskins, Myers-Phillips, Rheingans, Breen, MacDonell and Longjohn offered the following resolution:

House Resolution No. 119.

A resolution to declare June 3, 2025, as Brain Cancer Awareness Day in the state of Michigan.

Whereas, Brain tumors, particularly glioblastoma, are recognized as among the deadliest forms of cancer, with a five-year relative survival rate of only 6.9 percent; and

Whereas, In 2025, it is estimated that approximately 780 Michigan residents will be diagnosed with a brain tumor and an estimated 610 residents will succumb to this disease; and

Whereas, Brain cancer remains the leading cause of cancer-related deaths among children ages 0-14 and young adults ages 15-39; and

Whereas, Brain tumors impose the highest per-patient initial cost of care among all cancers, with an annualized mean net cost approaching $162,550 in 2019 U.S. dollars; and

Whereas, More than any other cancer, brain tumors can cause profound and lasting physical, cognitive, and psychological impacts that affect the quality of life of patients and survivors; and

Whereas, Michigan has gained national recognition as a center of excellence in brain tumor treatment and research, with institutions such as the Hermelin Brain Tumor Center at Henry Ford Health and the Children’s Hospital of Michigan leading clinical trials, attracting grant funding, and drawing patients from across the country; and

Whereas, Despite the significant number of diagnoses and the often-devastating prognosis, only five drugs and one medical device have been approved by the U.S. Food and Drug Administration for brain tumor treatment over the past 30 years, with none proven curative and only modest extensions in survival; and

Whereas, Mortality rates for brain tumors, including glioblastoma, have remained largely unchanged over the past three decades, underscoring the urgent need for greater public awareness, research, and treatment innovation; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare June 3, 2025, as Brain Cancer Awareness Day in the state of Michigan. We honor patients and families affected by this disease, recognize Michigan’s leadership in brain tumor research and treatment, and encourage continued advocacy and vigilance in healthcare.

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. Alexander, Fox and Rheingans offered the following resolution:

House Resolution No. 120.

A resolution to declare June 2025 as Dairy Month in the state of Michigan.

Whereas, Michigan’s dairy industry is one of the largest agricultural industries in our state with an annual economic impact of $26.73 billion, up over $2 billion from the previous year. Our state’s dairy farmers and processors play an important role in feeding Michiganders and people across the nation; and

Whereas, Michigan has 993 permitted dairy farms of all sizes in our state, with farmers who take pride in producing safe, nutritious, and delicious products for Michiganders; and

Whereas, There are 440,000 dairy cows on dairy farms of all sizes in our state, which produced twelve billion pounds of milk in 2023, ranking Michigan sixth in the nation for milk production; and

Whereas, Michigan’s dairy industry generates nearly 111,000 jobs, directly and indirectly, both on and off the farm; and

Whereas, Michigan ranks first in milk production per cow among all states in the United States with an average of 27,680 pounds produced per cow in 2024; and

Whereas, Michigan dairy businesses have a range of technologies, from large dairy processors with automated ‘robotic’ milking systems to smaller on-farm artisanal cheese makers. Dairy processing in Michigan supports farm families and communities across the state and keeps healthy, nutritious dairy products affordable for all residents; and

Whereas, Dairy products, including milk, cheese, sour cream, ice cream, and more, are both delicious and nutritious. Milk alone provides 22% of the calcium, 40% of the vitamin D, and 10% of the potassium in the American diet. Research shows that healthy eating styles, including low-fat and fat-free dairy foods, are linked to a reduced risk of some of the most prevalent chronic diseases in the U.S., as well as improved bone health; and

Whereas, National Dairy Month is traditionally celebrated in June to encourage Americans to reduce the risks of osteoporosis, high blood pressure, obesity, and colon cancer through consumption of dairy products and help parents and caregivers teach children the importance of healthy eating habits, good nutrition, and physical activity, and how dairy fits into a well-balanced, healthy meal plan; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare June 2025 as Dairy Month in the state of Michigan.

The question being on the adoption of the resolution,

The resolution was adopted.

______

Rep. Paiz moved that the House adjourn.

The motion prevailed, the time being 3:40 p.m.

The Speaker Pro Tempore declared the House adjourned until Wednesday, June 4, at 1:30 p.m.

SCOTT E. STARR

Clerk of the House of Representatives