The Michigan Republican Party and its chair, Ron Weiser, are suing Michigan Secretary of State Jocelyn Benson over allowing contributions to Gov. Gretchen Whitmer that exceed the normal contribution limit.
Whitmer reported donations as large as $250,000 in her last campaign finance report, well over the typical individual limit of $7,150. Her campaign did so relying on a caveat: In 1984, former Secretary of State Richard H. Austin confirmed 1983 guidance saying contribution limits didn’t apply to candidates facing recall.
While none of the recalls against Whitmer pose a serious threat, there have been dozens of attempts.
Related: Whitmer’s blockbuster fundraising was fueled by jumbo donations over normal limit
The lawsuit, filed in the U.S. District Court Western District of Michigan, argues allowing the larger contributions violates the free speech and equal protection rights of Republicans. Weiser and other Republicans would contribute more than $7,150 to Republican candidates if allowed, plaintiffs argue.
But as-is, Whitmer can “raise unlimited contributions while all of her Republican-opposition candidates are only allowed to raise contributions under the limits” of the Michigan Campaign Finance Act, the lawsuit argues. There are currently 11 Republicans running for governor in the Republican primary.
(Can’t see the table? Click here.)
Weiser and the GOP seek to permanently enjoin the Secretary of State from recognizing or following the donation limit exception for recalls, which they argue is unconstitutional.
As it is, “Gretchen Whitmer continues to raise millions of dollars from donations that are well over the state’s contribution limits,” said MIGOP Communications Director Gustavo Portela in a press release.
“While it’s no secret that she thinks she’s above the law and rules don’t apply to her, our lawsuit will ensure that her crony, Secretary of State Jocelyn Benson, applies campaign finance rules fairly to all candidates running for Governor.”
In a press release, the party referred to them as “Illegal Excessive Contributions.”
Tracy Wimmer, a spokesperson for the Michigan Department of State, said in a statement, “This is pending litigation, and we will not comment on it. As has been explained previously, under a long-standing statement and ruling issued by the BOE, because recall petitioners can raise unlimited funds, so can the governor once a recall is initiated. However, those funds must be returned or donated if the recall does not become active.”
Mark Fisk, a spokesperson for the Whitmer campaign, said, “The lawsuit is totally baseless, ludicrous and frivolous. These are same political operatives who used sleazy payoffs to push candidates out of running for office and funneled millions into dark money slush funds to promote voter suppression efforts and attacks on public health experts. You should never throw stones in glass houses but Ron Weiser just hurled a huge boulder through his, shattering his credibility and proving the Michigan Republican Party’s hypocrisy knows no bounds.”
Weiser was the subject of an investigation for using party funds to pay a candidate to drop out of the Secretary of State’s race in 2018. Ultimately, the party paid a $200,000 fine and Attorney General Dana Nessel’s office said Weiser would not face criminal charges.
A database of Whitmer’s contributions over the normal limit is below.
More on MLive:
Whitmer’s blockbuster fundraising was fueled by jumbo donations over normal limit
Ron Weiser won’t face criminal charges for campaign finance violation, AG says
Oversized donations to Whitmer prompt campaign finance complaint
Garrett Soldano out-raises other Republican candidates for governor at $625k
A year-plus out from the election, Whitmer’s already topped her own fundraising from 2018
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