Case: United States v. Benson

1:25-cv-01148 | U.S. District Court for the Western District of Michigan

Filed Date: Sept. 25, 2025

Case Ongoing

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Case Summary

Filed on September 25, 2025, in the U.S. District Court for the Western District of Michigan before Chief District Judge Hala Y. Jarbou, United States v. Benson is one of six coordinated enforcement actions brought by the U.S. Department of Justice, Civil Rights Division, against state election officials in California, New Hampshire, New York, Michigan, Pennsylvania, and Minnesota. Collectively, these cases seek to compel state compliance with federal voter-list maintenance and disclosure requirements under the National Voter Registration Act (NVRA), the Help America Vote Act (HAVA), and Title III of the Civil Rights Act of 1960 (CRA). Each complaint alleges that the state failed to maintain accurate voter registration rolls and refused to provide the Attorney General with complete data necessary to evaluate compliance with federal law.

The Department of Justice brought suit against the State of Michigan and Jocelyn Benson, in her official capacity as Michigan Secretary of State. The complaint alleges that, beginning with a July 21, 2025, records request, the Civil Rights Division sought Michigan’s Statewide Voter Registration List (SVRL)—including registrants’ full names, residential addresses, dates of birth, driver’s license numbers, and the last four digits of their Social Security numbers—as well as records showing how the state maintains and updates its rolls. DOJ’s inquiry was prompted in part by irregularities in Michigan’s data reported to the Election Assistance Commission (EAC) in its 2024 Election Administration and Voting Survey (EAVS), which indicated that Michigan sent confirmation notices to only 4.5% of its voters and removed just 4.2% of registered voters, both below national averages.

After multiple written exchanges, Secretary Benson declined to provide an unredacted copy of the SVRL, citing state privacy and disclosure laws. The Department contends those objections are preempted by federal law and notes that Michigan already shares similar data fields with the Electronic Registration Information Center (ERIC), a multistate data-sharing consortium, undermining its claimed privacy rationale.

The complaint asserts three causes of action:

Civil Rights Act of 1960 (52 U.S.C. § 20703): Michigan unlawfully refused to produce election records demanded by the Attorney General.
National Voter Registration Act (52 U.S.C. § 20507(i)): Michigan failed to make available records necessary to verify whether its list-maintenance program makes reasonable efforts to remove ineligible voters.
Help America Vote Act (52 U.S.C. § 21083): Michigan failed to maintain a uniform, accurate computerized voter registration list and to provide information required to assess compliance with HAVA’s maintenance provisions.

DOJ seeks declaratory relief that Michigan’s refusal to provide the unredacted voter registration data violates the CRA, NVRA, and HAVA, and that any conflicting provisions of state law are preempted. It also requests injunctive relief compelling Michigan to produce the complete electronic SVRL, including all required identifying fields, and related list-maintenance records. No monetary damages or attorneys’ fees are sought.

On November 12, 2025, the Michigan Alliance for Retired Americans and two individual voters moved to intervene and filed a Rule 12(b)(6) motion to dismiss, arguing that the Department of Justice has failed to state a claim under the NVRA, HAVA, or the Civil Rights Act of 1960. The proposed intervenors contend that neither the NVRA nor HAVA authorizes the federal government to compel production of Michigan’s complete, unredacted statewide voter registration list, emphasizing that HAVA governs list-maintenance practices rather than creating a federal disclosure right and that the NVRA permits states to withhold sensitive personal identifiers. They further argue that Title III of the Civil Rights Act applies only to discrete “records or papers” that come into the possession of election officials—not to an internally generated, continuously updated database like the SVRL—and does not prohibit Michigan from redacting voter data. Because none of the statutes cited in the complaint clearly empower DOJ to obtain the full voter-registration database, the intervenors assert that the relief sought is unprecedented, intrudes upon state sovereignty, and threatens voter privacy, and they therefore request dismissal of the complaint in its entirety.

This case is ongoing.

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Summary Authors

Michael Vandergriff (11/15/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/71453329/parties/united-states-v-benson/

Judge(s)

Attorney for Plaintiff

Attorney for Defendant

Brewer, Mark (Michigan)

Ferguson, Robert Brent (Michigan)

Garber, Andrew (Michigan)

Expert/Monitor/Master/Other

Abbuhl, Joshua Charles (Michigan)

Branch, Aria (Michigan)

Judge(s)

Jarbou, Hala Yalda (Michigan)

Attorney for Plaintiff

Neff, Eric (Michigan)

Attorney for Defendant

Brewer, Mark (Michigan)

Ferguson, Robert Brent (Michigan)

Garber, Andrew (Michigan)

Grady, Alexis Denae (Michigan)

Grill, Erik Alexander (Michigan)

Hamilton, Kate (Michigan)

Jhaveri, Sejal (Michigan)

Lenz, Daniel Spector (Michigan)

Meingast, Heather S. (Michigan)

O'Donnell, Renata (Michigan)

Szilagyi, Heather (Michigan)

Expert/Monitor/Master/Other

Abbuhl, Joshua Charles (Michigan)

Branch, Aria (Michigan)

Lewiston, Branden D. (Michigan)

Prescott, Sarah S. (Michigan)

Zeigler, Derek Anthony (Michigan)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1 1:25-cv-01148	Complaint United States v. Benson et al.	Sept. 25, 2025	Sept. 25, 2025 Complaint
23 1:25-cv-01148	Proposed Motion to Dismiss of Proposed Defendant-Intervenors Michigan Alliance For Retired Americans, Donald Duquette, and Keely Crimando United States of America v. Benson	Nov. 12, 2025	Nov. 12, 2025 Pleading / Motion / Brief

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/71453329/united-states-v-benson/

Last updated Dec. 7, 2025, 12:51 a.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT against Jocelyn Benson, Michigan, State of filed by United States of America (Neff, Eric) Modified text on 9/25/2025 (mlc) (Entered: 09/25/2025)	Sept. 25, 2025	Sept. 25, 2025 Clearinghouse
2	NOTICE that this case has been assigned to Hala Y. Jarbou (mlc) (Entered: 09/25/2025)	Sept. 25, 2025	Sept. 25, 2025 RECAP
3	PROPOSED SUMMONS to be issued re 1 (Neff, Eric) (Entered: 09/25/2025)	Sept. 25, 2025	Sept. 25, 2025
	Summons Not Issued	Sept. 25, 2025	Sept. 25, 2025
	SUMMONS NOT ISSUED as to defendants Jocelyn Benson, Michigan, State of (Summons not Received) (mlc)	Sept. 25, 2025	Sept. 25, 2025
4	SUMMONS ISSUED as to defendants Jocelyn Benson, Michigan, State of (mlc) (Entered: 09/26/2025)	Sept. 26, 2025	Sept. 26, 2025 RECAP
5	MOTION to intervene intervenor parties Michigan Alliance for Retired Americans, Donald Duquette, Keely Crimando by intervenor parties Michigan Alliance for Retired Americans, Donald Duquette, Keely Crimando; (Attachments: # 1 Index of Exhibits, # 2 Exhibit A Proposed Answer, # 3 Exhibit B - Pedersen Decl., # 4 Exhibit C - Duquette Decl., # 5 Exhibit D - Crimando Decl.) (Prescott, Sarah) Modified text on 10/1/2025 (mlc) (Entered: 09/30/2025) 1 Index Index of Exhibits View on PACER 2 Exhibit Proposed Answer View on PACER 3 Exhibit B - Pedersen Decl. View on PACER 4 Exhibit C - Duquette Decl. View on PACER 5 Exhibit D - Crimando Decl. View on PACER	Sept. 30, 2025	Sept. 30, 2025 RECAP
6	CERTIFICATE of compliance re word count for MOTION to intervene intervenor parties Michigan Alliance for Retired Americans, Donald Duquette, Keely Crimando 5 filed by Keely Crimando, Donald Duquette, Michigan Alliance for Retired Americans (Prescott, Sarah) (Entered: 09/30/2025)	Sept. 30, 2025	Sept. 30, 2025 RECAP
7	CERTIFICATE regarding compliance with LCivR 7.1(d) re MOTION to intervene intervenor parties Michigan Alliance for Retired Americans, Donald Duquette, Keely Crimando 5 filed by Keely Crimando, Donald Duquette, Michigan Alliance for Retired Americans (Prescott, Sarah) (Entered: 09/30/2025)	Sept. 30, 2025	Sept. 30, 2025 RECAP
8	MOTION to stay by plaintiff United States of America; (Neff, Eric) (Entered: 10/01/2025)	Oct. 1, 2025	Oct. 1, 2025 RECAP
9	ORDER granting in part and denying in part 8 motion to stay; extending response deadline re 5 until 11/13/2025; signed by Chief Judge Hala Y. Jarbou (aks) (Entered: 10/02/2025)	Oct. 2, 2025	Oct. 2, 2025 RECAP
10	SUMMONS returned executed; Jocelyn Benson served on 10/8/2025, answer due 10/29/2025; Michigan, State of served on 10/8/2025, answer due 10/29/2025 (mlc) (Entered: 10/09/2025)	Oct. 9, 2025	Oct. 9, 2025
	(NON-DOCUMENT) ATTORNEY APPEARANCE of Heather S. Meingast on behalf of defendants Jocelyn Benson, Michigan, State of (Meingast, Heather)	Oct. 14, 2025	Oct. 14, 2025
	(NON-DOCUMENT) ATTORNEY APPEARANCE of Erik Alexander Grill on behalf of defendants Jocelyn Benson, Michigan, State of (Grill, Erik)	Oct. 14, 2025	Oct. 14, 2025
	Attorney Appearance	Oct. 14, 2025	Oct. 14, 2025
	(NON-DOCUMENT) ATTORNEY APPEARANCE of Joshua Charles Abbuhl on behalf of intervenor parties Keely Crimando, Donald Duquette, Michigan Alliance for Retired Americans (Abbuhl, Joshua)	Oct. 17, 2025	Oct. 17, 2025
	(NON-DOCUMENT) ATTORNEY APPEARANCE of Branden D. Lewiston on behalf of intervenor parties Keely Crimando, Donald Duquette, Michigan Alliance for Retired Americans (Lewiston, Branden)	Oct. 17, 2025	Oct. 17, 2025
	Attorney Appearance	Oct. 17, 2025	Oct. 17, 2025
11	MOTION for extension of time to file answer re 1 by defendants Jocelyn Benson, Michigan, State of; (Meingast, Heather) (Entered: 10/22/2025)	Oct. 22, 2025	Oct. 22, 2025 RECAP
12	BRIEF in support of MOTION for extension of time to file answer re 1 11 filed by Jocelyn Benson, Michigan, State of (Meingast, Heather) (Entered: 10/22/2025)	Oct. 22, 2025	Oct. 22, 2025 RECAP
13	CERTIFICATE of compliance re word count for Brief in Support of a Motion 12 filed by Jocelyn Benson, Michigan, State of (Meingast, Heather) (Entered: 10/22/2025)	Oct. 22, 2025	Oct. 22, 2025
14	CERTIFICATE regarding compliance with LCivR 7.1(d) re MOTION for extension of time to file answer re 1 11 filed by Jocelyn Benson, Michigan, State of (Meingast, Heather) (Entered: 10/22/2025)	Oct. 22, 2025	Oct. 22, 2025 RECAP
	(NON-DOCUMENT) ATTORNEY APPEARANCE of Derek Anthony Zeigler on behalf of intervenor parties Keely Crimando, Donald Duquette, Michigan Alliance for Retired Americans (Zeigler, Derek)	Oct. 23, 2025	Oct. 23, 2025
	Attorney Appearance	Oct. 23, 2025	Oct. 23, 2025
15	ORDER granting 11 motion for extension of time to answer until 11/12/2025; signed by Chief Judge Hala Y. Jarbou (aks) (Entered: 10/27/2025)	Oct. 27, 2025	Oct. 27, 2025 RECAP
	(NON-DOCUMENT) ATTORNEY APPEARANCE of Aria Branch on behalf of intervenor parties Keely Crimando, Donald Duquette, Michigan Alliance for Retired Americans (Branch, Aria)	Oct. 28, 2025	Oct. 28, 2025
	Attorney Appearance	Oct. 28, 2025	Oct. 28, 2025
16	CORPORATE DISCLOSURE STATEMENT by Michigan Alliance for Retired Americans (Prescott, Sarah) (Entered: 10/30/2025)	Oct. 30, 2025	Oct. 30, 2025
17	MOTION to intervene intervenor-defendant League of Women Voters of Michigan by intervenor-defendant League of Women Voters of Michigan; (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit) (Brewer, Mark) (Entered: 10/30/2025) 1 Exhibit View on RECAP 2 Exhibit View on RECAP 3 Exhibit View on RECAP 4 Exhibit View on RECAP	Oct. 30, 2025	Oct. 30, 2025 RECAP
18	DISCLOSURE STATEMENT by intervenor-defendant League of Women Voters of Michigan (Brewer, Mark) (Entered: 10/31/2025)	Oct. 31, 2025	Oct. 31, 2025 RECAP
	Attorney Appearance	Oct. 31, 2025	Oct. 31, 2025
	(NON-DOCUMENT) ATTORNEY APPEARANCE of Andrew Garber on behalf of intervenor-defendant League of Women Voters of Michigan (Garber, Andrew)	Oct. 31, 2025	Oct. 31, 2025
19	SECOND MOTION for extension of time to file answer re 1 by defendants Jocelyn Benson, Michigan, State of; (Meingast, Heather) (Entered: 11/10/2025)	Nov. 10, 2025	Nov. 10, 2025 RECAP
20	BRIEF in support of SECOND MOTION for extension of time to file answer re 1 19 filed by Jocelyn Benson, Michigan, State of (Meingast, Heather) (Entered: 11/10/2025)	Nov. 10, 2025	Nov. 10, 2025 RECAP
21	CERTIFICATE regarding compliance with LCivR 7.1(d) re SECOND MOTION for extension of time to file answer re 1 19 filed by Jocelyn Benson, Michigan, State of (Meingast, Heather) (Entered: 11/10/2025)	Nov. 10, 2025	Nov. 10, 2025
22	CERTIFICATE of compliance re word count for Brief in Support of a Motion 20 filed by Jocelyn Benson, Michigan, State of (Meingast, Heather) (Entered: 11/10/2025)	Nov. 10, 2025	Nov. 10, 2025
	(NON-DOCUMENT) ATTORNEY APPEARANCE of Daniel Spector Lenz on behalf of intervenor-defendant League of Women Voters of Michigan (Lenz, Daniel)	Nov. 10, 2025	Nov. 10, 2025
	(NON-DOCUMENT) ATTORNEY APPEARANCE of Kate Hamilton on behalf of intervenor-defendant League of Women Voters of Michigan (Hamilton, Kate)	Nov. 10, 2025	Nov. 10, 2025
	(NON-DOCUMENT) ATTORNEY APPEARANCE of Robert Brent Ferguson on behalf of intervenor-defendant League of Women Voters of Michigan (Ferguson, Robert)	Nov. 10, 2025	Nov. 10, 2025
	(NON-DOCUMENT) ATTORNEY APPEARANCE of Heather Szilagyi on behalf of intervenor-defendant League of Women Voters of Michigan (Szilagyi, Heather)	Nov. 10, 2025	Nov. 10, 2025
	(NON-DOCUMENT) ATTORNEY APPEARANCE of Renata O'Donnell on behalf of intervenor-defendant League of Women Voters of Michigan (O'Donnell, Renata)	Nov. 10, 2025	Nov. 10, 2025
	(NON-DOCUMENT) ATTORNEY APPEARANCE of Alexis Denae Grady on behalf of intervenor-defendant League of Women Voters of Michigan (Grady, Alexis)	Nov. 10, 2025	Nov. 10, 2025
	(NON-DOCUMENT) ATTORNEY APPEARANCE of Sejal Jhaveri on behalf of intervenor-defendant League of Women Voters of Michigan (Jhaveri, Sejal)	Nov. 10, 2025	Nov. 10, 2025
	Attorney Appearance	Nov. 10, 2025	Nov. 10, 2025
23	PROPOSED MOTION with memorandum in support to dismiss for failure to state a claim by intervenor parties Keely Crimando, Donald Duquette, Michigan Alliance for Retired Americans; (Attachments: # 1 Index of Exhibits, # 2 Exhibit A - Letter from DOJ to Secretary of State Jocelyn Benson (July 21, 2025), # 3 Exhibit B - Letter on behalf of Secretary of State Jocelyn Benson to DOJ (Sept. 2, 2025), # 4 Exhibit C - Letter on behalf of Secretary of State Jacelyn Benson to DOJ (Sept. 9, 2025)) (Prescott, Sarah) Modified text on 11/13/2025 (mlc) (Entered: 11/12/2025)	Nov. 12, 2025	Nov. 12, 2025 Clearinghouse
24	CERTIFICATE of compliance re word count for PROPOSED MOTION to dismiss for failure to state a claim 23 filed by Keely Crimando, Donald Duquette, Michigan Alliance for Retired Americans (Prescott, Sarah) (Entered: 11/12/2025)	Nov. 12, 2025	Nov. 12, 2025
25	ORDER granting 19 motion for extension of time to answer until 11/26/2025; no further extensions; signed by Chief Judge Hala Y. Jarbou (aks) (Entered: 11/12/2025)	Nov. 12, 2025	Nov. 12, 2025
26	RESPONSE in opposition to MOTION to intervene intervenor-defendant League of Women Voters of Michigan 17, MOTION to intervene intervenor parties Michigan Alliance for Retired Americans, Donald Duquette, Keely Crimando 5 filed by United States of America (Attachments: # 1 Exhibit 1 Letter, # 2 Exhibit 2 Consent Order) (Neff, Eric) Modified text on 11/14/2025 (pjw). (Entered: 11/13/2025) 1 Exhibit 1 Letter View on PACER 2 Exhibit 2 Consent Order View on PACER	Nov. 13, 2025	Nov. 13, 2025
27	MOTION for leave to file Reply in Support of Motion to Intervene by intervenor-defendant League of Women Voters of Michigan; (Attachments: # 1 Exhibit 1) (O'Donnell, Renata) (Entered: 11/18/2025) 1 Exhibit 1 View on RECAP	Nov. 18, 2025	Nov. 18, 2025 RECAP
28	ORDER granting 27 motion for leave to file [21-1] reply brief; signed by Chief Judge Hala Y. Jarbou (aks) (Entered: 11/20/2025)	Nov. 20, 2025	Nov. 20, 2025 RECAP
29	MOTION for leave to file Reply Brief in Support of Proposed Defendant-Intervenors' Motion to Intervene by intervenor parties Keely Crimando, Donald Duquette, Michigan Alliance for Retired Americans; (Attachments: # 1 Proposed Document Exhibit 1 - Proposed Defendant-Intervenors Michigan Alliance for Retired Americans, Donald Duquette, and Keely Crimando's Reply in Support of their Motion to Intervene) (Prescott, Sarah) (Entered: 11/20/2025) 1 Proposed Document Exhibit 1 - Proposed Defendant-Intervenors Michigan Alliance f View on PACER	Nov. 20, 2025	Nov. 20, 2025
30	CERTIFICATE regarding compliance with LCivR 7.1(d) re MOTION for leave to file Reply Brief in Support of Proposed Defendant-Intervenors' Motion to Intervene 29 filed by Keely Crimando, Donald Duquette, Michigan Alliance for Retired Americans (Prescott, Sarah) (Entered: 11/20/2025)	Nov. 20, 2025	Nov. 20, 2025
31	CERTIFICATE of compliance re word count for MOTION for leave to file Reply Brief in Support of Proposed Defendant-Intervenors' Motion to Intervene 29 filed by Keely Crimando, Donald Duquette, Michigan Alliance for Retired Americans (Prescott, Sarah) (Entered: 11/20/2025)	Nov. 20, 2025	Nov. 20, 2025
32	REPLY to response to motion 17 with certificate of compliance filed by League of Women Voters of Michigan (mlc) Modified text on 11/21/2025; filed per order 28 (mlc) (Entered: 11/21/2025)	Nov. 20, 2025	Nov. 20, 2025
33	ORDER granting 29 motion for leave to file [29-1] reply; signed by Chief Judge Hala Y. Jarbou (aks) (Entered: 11/25/2025)	Nov. 25, 2025	Nov. 25, 2025 RECAP
34	MOTION for leave to file Motion to Dismiss by intervenor-defendant League of Women Voters of Michigan; (Attachments: # 1 Proposed Motion to Dismiss with Memorandum in Support, # 2 Index of Exhibits, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Certificate of Compliance for Memorandum in Support of Motion to Dismiss) (O'Donnell, Renata) (Entered: 11/25/2025) 1 Proposed Motion to Dismiss with Memorandum in Support View on RECAP 2 Index of Exhibits View on PACER 3 Exhibit A View on PACER 4 Exhibit B View on PACER 5 Exhibit C View on PACER 6 Exhibit D View on PACER 7 Exhibit E View on PACER 8 Certificate of Compliance for Memorandum in Support of Motion to Dismiss View on PACER	Nov. 25, 2025	Nov. 25, 2025 RECAP
35	CERTIFICATE of compliance re word count for MOTION for leave to file Motion to Dismiss 34 filed by League of Women Voters of Michigan (O'Donnell, Renata) (Entered: 11/25/2025)	Nov. 25, 2025	Nov. 25, 2025
36	CERTIFICATE regarding compliance with LCivR 7.1(d) re MOTION for leave to file Motion to Dismiss 34 filed by League of Women Voters of Michigan (O'Donnell, Renata) (Entered: 11/25/2025)	Nov. 25, 2025	Nov. 25, 2025
37	Reply to Response to Motion	Nov. 25, 2025	Nov. 25, 2025 RECAP
38	Dismiss/Failure to State a Claim	Nov. 26, 2025	Nov. 26, 2025
39	Brief in Support of a Motion 1 Index Exhibit List View on PACER 2 Exhibit A. U.S. DOJ Letter dated 07.21.2025 View on PACER 3 Exhibit B. U.S. DOJ Letter dated 08.08.2025 View on PACER 4 Exhibit C. U.S. DOJ Letter dated 08.14.2025 View on PACER 5 Exhibit D. MI Department of State Letter dated 09.02.2025 View on PACER 6 Exhibit E. MI Department of State Letter dated 09.09.2025 View on PACER	Nov. 26, 2025	Nov. 26, 2025 RECAP
40	Certificate Regarding Motion Concurrence	Nov. 26, 2025	Nov. 26, 2025
41	Certificate of Compliance Regarding Word Count	Nov. 26, 2025	Nov. 26, 2025
42	Motion for Amicus Curiae Status 1 Attachment View on RECAP	Dec. 1, 2025	Dec. 1, 2025 RECAP
43	Certificate Regarding Motion Concurrence	Dec. 1, 2025	Dec. 1, 2025 RECAP
	Attorney Appearance	Dec. 1, 2025	Dec. 1, 2025
44	Order Setting Rule 16 Scheduling Conference	Dec. 4, 2025	Dec. 4, 2025 RECAP