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New secretary of state will continue to defend Texas’ open primaries against GOP lawsuit

2026-08-12T21:26:34+00:00

This story was first published by The Texas Tribune, a nonprofit, nonpartisan media organization that informs Texans — and engages with them — about public policy, politics, government and statewide issues.

Votebeat is a nonprofit news organization reporting on voting access and election administration across the U.S. Sign up for Votebeat Texas’ free newsletter here.

Robert Howden, the new Texas secretary of state, said in a legal filing Monday that he would continue to defend the state’s open primary system, putting him at odds with the Texas GOP in the lawsuit filed by the party last year.

“The only thing that has changed in this case is the name of the defendant,” lawyers for the state agency wrote, emphasizing that the secretary would “gladly implement statutory changes” if passed by the Legislature.

Republicans in Texas, worried about the moderating influence of Democrats and independents crossing over to GOP races, want to require voters to register with a party before they’re allowed to participate in primaries.

Last year, the Texas GOP sued to strike down the current open primary system, under which eligible Texans register to vote without declaring a party affiliation. Attorney General Ken Paxton sided with the party, leaving then-Secretary of State Jane Nelson to find her own legal representation for the agency. Nelson, a Republican and former state senator, said in legal filings at the time that this was a decision best left to the Legislature.

In the months since, this idea spawned by the conservative grassroots has garnered widespread support from state leaders. At the Texas Republican Convention in June, Gov. Greg Abbott addressed the issue to a cheering crowd, saying he wants to “make clear that in the future, only Republicans vote in Republican primaries.” He later told Texas Scorecard that this was an issue for lawmakers, who “can and should be more responsive to Republicans than a judge may be.”

A spokesperson for Abbott, who appoints the secretary of state, did not respond to a request for comment.

Many in the party celebrated Nelson’s retirement last month as an opportunity for the agency to change its position in the lawsuit. But Howden, Abbott’s former legislative director, is staying the course.

“This issue can and will be resolved by the Legislature in the coming months,” he said in the filing, noting that the Legislature is the right venue for “thoughtfully crafting the detailed scheme that would govern it.”

The lawsuit, which was filed in federal court in Amarillo, has been a major financial weight on the party. After the convention, the new chair, D’rinda Randall, reported that the party’s largest unpaid debt was to cover the legal fees associated with this lawsuit.

The Texas GOP did not respond to a request for comment.

Jocelyn Benson unveils ‘firewall’ for election oversight, governor run

2026-05-07T17:36:45+00:00

This story was originally published by Bridge Michigan, a nonprofit and nonpartisan news organization. To get regular coverage from Bridge Michigan, sign up for a free Bridge Michigan newsletter here.

Votebeat is a nonprofit news organization reporting on voting access and election administration across the U.S. Sign up for Votebeat Michigan’s free newsletter here.

As she runs for Michigan governor, Democratic Secretary of State Jocelyn Benson says she will “recuse” herself from all decisions and administrative tasks that have a direct impact on the gubernatorial election.

Benson announced the new “firewall” policy late Wednesday. Her office said she had been working on it since September, but its release comes as Republican rivals question her ability to fairly oversee elections in which she competes.

In a letter to the Board of State Canvassers, Benson said she formalized the policy “in the interest of transparency, and to establish precedent of a public-facing firewall policy” that future secretaries of state could adopt.

“These processes largely reflect how the Bureau of Elections and I handled potential conflicts of interest during my reelection campaign in 2022,” Benson wrote in a letter to board Chair Richard Houskamp, a Republican appointee.

Michigan elections are administered by local clerks, and state-level functions are carried out by nonpartisan civil servants in the Bureau of Elections. Benson’s conflict of interest policy largely involves the bureau keeping its work private from Benson until decisions have been finalized.

Benson’s new policy, developed with help from the nonprofit Election Reformers Network, outlines six ways she will avoid conflicts of interest:

Petitions for ballot access: While Bureau of Elections officials review candidate petition signatures and make recommendations to the Board of State Canvassers about their validity, Benson won’t be provided with a copy of their reports until they’re publicly available online.
Affidavits of identity: Benson won’t be informed of any disqualifications of candidates due to errors on required affidavits “until the review process has been completed and the candidate has been formally notified of the result.”
Recount petitions: Until requests for recounts have been received by the Board of State Canvassers, Benson won’t be informed of any pending petitions.
Post-election audits: Similarly, Benson won’t get to see any post-election audit results until the reports have been finalized and shared.
Campaign finance questions and complaints: Until the November election is certified, Benson is delegating all her authority to make declaratory rulings on campaign finance questions and to determine whether campaigns violated state law. Director of Elections Jonathan Brater will be in charge of those decisions. “The secretary will be isolated from department conversations regarding [Michigan Campaign Finance Act] complaints and from any communication with the Attorney General’s office regarding MCFA complaints,” according to the policy.
Supervising local elections: The state has on some occasions stripped local officials of election administration duties if they are found unfit. Brater will be in charge of those decisions through the November election without informing or consulting Benson.

The policy does not require any additional steps to ensure Benson’s office completes “certificates of election” after results are certified by canvassers. “There is no mechanism or standing for the secretary or department staff in their professional capacities to challenge the certified results,” the document reads.

GOP complaints

As secretary of state, Benson is Michigan’s chief election officer, and multiple GOP hopefuls have argued she can’t be trusted to supervise fall elections as a candidate for governor.

GOP gubernatorial candidate Perry Johnson last month suggested the federal government should be in charge of signature validation.

“I just think that because we end up having the secretary of state in charge of her own election, that she ought to recuse herself,” said Johnson, who was one of five candidates kept off the ballot in 2022 due to faulty signatures.

He later went further on social media, arguing Benson “must recuse herself from overseeing this election” entirely.

Fellow GOP candidate Aric Nesbitt has urged the U.S. Department of Justice to oversee Michigan’s August primary and November general election, arguing Benson “cannot be trusted to manage” them.

Democrats and Republican officials who have served at the center of Michigan election administration contend those claims misrepresent the electoral process and overstate Benson’s role.

The Election Reformers Network, the nonprofit organization Benson worked with on the new firewall policy, recommended secretaries of state establish policies because “opposing candidates often exaggerate the risks for political gain.”

Not ‘a legitimate concern’

The bipartisan Board of State Canvassers ultimately decides which candidates get on the ballot and certifies election results, which are compiled by local election clerks across the state and are reviewed by county-level boards.

Canvassers have disputed suggestions that Benson could influence or taint the signature verification process.

“I don’t think it’s a legitimate concern,” Republican Chair Richard Houskamp previously told Bridge. “Secretary Benson’s nowhere near those signatures.”

Democratic Vice Chair Mary Ellen Gurewitz agreed: “That’s just bullshit, and they know it,” she said of GOP candidates questioning the process. “The secretary of state is not involved [in signature verification]. Never has been.”

Past secretaries of state have been candidates in elections they oversaw, most commonly while seeking reelection. Benson’s predecessor, Republican Ruth Johnson, won a state Senate race while serving as secretary of state in 2019.

Chris Thomas, who served as Michigan’s director of elections for 36 years under Republican and Democratic secretaries of state, said impugning the process is nothing new.

“People grab on to it as just a way to take shots at their opponents,” Thomas said.

This article first appeared on Bridge Michigan and is republished here under a Creative Commons Attribution-NoDerivatives 4.0 International License.

Amid GOP doubts, Jocelyn Benson seeks to assure voters she can run fair election

2026-05-04T16:14:01+00:00

Votebeat is a nonprofit news organization reporting on voting access and election administration across the U.S. Sign up for Votebeat Michigan’s free newsletter here.

Amid Republican calls to recuse herself from overseeing fall elections she will compete in, Michigan Secretary of State and Democratic gubernatorial candidate Jocelyn Benson is preparing to release a new conflict-of-interest avoidance guide.

Benson has been developing the document for nearly a year with assistance from the Election Reformers Network, a progressive group that has developed recommendations to help secretaries of state build trust in elections when they are on the ballot.

Her office will finalize Benson’s plan “in the coming weeks,” spokesperson Angela Benander told Bridge Michigan.

“The public wants to know, and we want to reassure them,” she added.

It’s unclear whether Benson will try to adopt formal rules to avoid any potential conflicts, or whether she will simply pledge new safeguards to ensure fair administration of an election her office will oversee. Benander said they are “looking at the options we have within existing law.”

But the forthcoming document could address at least some of the concerns raised by Republican gubernatorial candidates hoping to face Benson in the general election.

While experts say those concerns are largely unfounded or overstated, multiple GOP hopefuls have questioned Benson’s ability to supervise fall elections as the state’s chief elections officer.

Last month, as he dropped off petition signatures to qualify for the August primary ballot, GOP gubernatorial candidate Perry Johnson suggested the federal government should be in charge of signature validation.

He went further on social media, arguing Benson “must recuse herself from overseeing this election” entirely.

Benson’s office called Johnson’s suggestion of a federal takeover “alarming” and noted “the federal government has no legal authority to run our elections.”

But he’s not alone. Fellow GOP candidate Aric Nesbitt has urged the U.S. Department of Justice to oversee Michigan’s August primary and November general election, arguing Benson “cannot be trusted to manage” them.

But Democrats and Republican officials who have served at the center of Michigan election administration contend those claims misrepresent the electoral process and overstate Benson’s role.

Here are the facts.

‘I don’t think it’s a legitimate concern’

Whether it’s signature verification for candidates to get on the ballot or confirming vote tallies in November, the final sign-off on those weighty decisions rests with the Board of State Canvassers, a four-member bipartisan body.

Canvassers ultimately decide which candidates get on the ballot and certify election results, which are compiled by local election clerks across the state and are reviewed by county-level boards.

Citing those and other safeguards in the system, Benson’s office has pushed back on GOP candidate claims about the fall elections.

“Either these candidates for governor haven’t bothered to take a few minutes to read and understand Michigan Election Law or they know they’re spreading lies about the process,” said Benander, the State Department spokesperson.

Democratic and Republican state canvassers also disputed suggestions that Benson could influence or taint the signature verification process.

“I don’t think it’s a legitimate concern,” said Republican Chair Richard Houskamp. “Secretary Benson’s nowhere near those signatures.”

The Michigan Bureau of Elections, which is part of Benson’s department but is staffed by nonpartisan civil service employees, reviews petition signatures submitted by candidates and recommends whether canvassers should certify them. Bureau of Elections Director Jonathan Brater serves as the board’s secretary under state law.

Houskamp noted that during his tenure on the board, Benson has never attended a meeting of his board. It’s an indication, to him, that the electoral system is working as intended.

As for vote counting, Michigan has a highly decentralized system. The state largely relies on the results submitted by municipal and county clerks and certified by county canvassers.

“Even though those all route back to the Bureau of Elections, and we are the ones that certify the elections as the board of canvassers, Jocelyn Benson is not in a position to touch ballots or to handle signatures,” Houskamp said.

Room for guardrails?

It’s not just conservatives asking elected officials to consider conflicts of interest.

The progressive Election Reformers Network, which Benson’s office is working with to develop conflict guidance, has advised officials that “voters can worry about election officials overseeing their own races.”

The group also notes that “opposing candidates often exaggerate the risks for political gain.”

The network recommends that secretaries of state who will be on the ballot determine what decisions they may have to make that could create — or be perceived to create — a way to help their own election or party.

Those officials should assess any “legal and feasible” steps they could take to “reduce, suspend, or make more transparent their role in that decision.”

And the resulting conflict-of-interest avoidance program “should be made public, so it can help build voter confidence and demonstrate proactive effort to address voter concerns,” the groups said.

“Even if the assessment concludes that no options exist for secretaries to lawfully reduce their role in areas of potential conflict, that fact is important to make clear to voters.”

Chris Thomas, who served as Michigan’s director of elections for 36 years under Republican and Democratic secretaries of state, said impugning the process is nothing new.

“People grab on to it as just a way to take shots at their opponents,” Thomas said. Asked about calls for the federal government to supervise Michigan elections, he let out a lengthy laugh.

Past secretaries of state have been candidates in elections they oversaw, including Benson’s predecessor, Republican Ruth Johnson, who won a state Senate race while serving as secretary of state in 2019.

“Everyone has a boss,” said Thomas, acknowledging state elections directors work under partisan secretaries of state. But those secretaries of state have avoided major conflict-of-interest allegations by leaving election-related tasks to civil service employees, he added.

The U.S. is an outlier among Western nations, many of which do more to insulate the electoral process from political influence, leaving oversight of elections to a central board of civil service officials.

“If somebody wants to make an argument we shouldn’t [have political appointees in the process], and has an idea about how else to do it — great, but just to use it as a stick to club somebody is really poor sportsmanship,” Thomas said.

Houskamp, the Republican who has served on the Board of State Canvassers for four years, told Bridge he worries about the pressure on the electoral system “every single day.”

“I’m very concerned that people are throwing rocks at a very fragile glass house in general, not just in terms of the things we do,” Houskamp said. “The procedures, the processes, these have become a favorite target for politicians on both sides of the aisle — I think that that’s not healthy.”

This article first appeared on Bridge Michigan and is republished here under a Creative Commons Attribution-NoDerivatives 4.0 International License.

Judge dismisses felony charges in Michigan election tampering case

2026-05-04T14:41:28+00:00

Votebeat is a nonprofit news organization reporting on voting access and election administration across the U.S. Sign up for Votebeat Michigan’s free newsletter here.

A Hillsdale County judge on Thursday dismissed felony charges against a former election clerk and attorney accused of allowing unauthorized access to voting equipment following the 2020 presidential election.

A lower court made an “error of law” and “abused its discretion” when it ordered Stephanie Scott and Stefanie Lambert stand trial on related felony charges, Circuit Court Judge Sara Lisznyai wrote in an eight-page ruling.

Scott was serving as Adams Township Clerk in 2021 when she refused to turn over a missing tabulator amid a quest to prove the prior year’s presidential election was rigged against Donald Trump. Lambert, of metro Detroit, served as her attorney at the time.

Michigan Attorney General Dana Nessel charged the pair with multiple crimes in 2024, alleging they gave an unauthorized computer examiner access to voter data, including non-public voter information.

But Scott and Lambert were erroneously bound over on trial based on a faulty understanding that the Michigan Freedom of Information Act had made that voter information “confidential,” Lisnyai ruled Thursday.

The judge dismissed the felony counts as a result.

“The court’s opinion wrongly suggests that election officials can release sensitive voter information protected from disclosure by state and federal law,” Nessel spokesperson Kimberly Bush said in a statement.

“While we are considering our next steps, including making a determination regarding an appeal, we are extremely disappointed and concerned about the implications this may have on upcoming elections.”

Scott still faces a 90-day misdemeanor charge of disobeying a lawful instruction or order of the secretary of state as chief election officer, which Lisnyai said should be handled at the district court level moving forward.

Her attorney did not immediately respond to a request for comment on the case.

Lambert’s attorney, Peter Ticktin, celebrated the dismissal of charges against his client. The case was a “lawfare attack on an effective and innocent lawyer,” he said in a statement.

Lambert is expected to stand trial on separate tabulator tampering charges in Oakland County. But Ticktin predicted that case will be dismissed too because, he said, Lambert “did nothing wrong.”

This article first appeared on Bridge Michigan and is republished here under a Creative Commons Attribution-NoDerivatives 4.0 International License.