Judge dismisses lawsuit against Benson over big campaign donations to Whitmer

LANSING – A federal judge has dismissed a lawsuit against Secretary of State Jocelyn Benson over big-dollar campaign donations to Gov. Gretchen Whitmer, saying the Michigan Republican Party and its chairman lack legal “standing” to bring the lawsuit.

U.S. District Judge Janet Neff dismissed the suit brought by the party and Chairman Ron Weiser on Tuesday. On Wednesday, the party and Weiser gave notice they are appealing her ruling to the U.S. 6th Circuit Court of Appeals.

The suit was filed in September to try to block Whitmer from ignoring traditional limits on the size of campaign donations — a move that has allowed her to raise extra millions in the campaign fund for her expected 2022 reelection campaign.

Whitmer has cited recall attempts against her as the reason for blowing past normal campaign donor limits of $7,150 and taking six-figure contributions from several individual donors. Her campaign has pointed to a 1984 administrative ruling issued by former Michigan Secretary of State Richard Austin, who said that when a candidate is facing a recall, the donation limits do not apply because recall committees can accept unlimited donations from individuals.

More: Michigan GOP asks federal judge to block unlimited campaign donations to Whitmer

More: Secretary of State Benson says Whitmer may have to return millions in campaign donations

Weiser argued that by allowing the larger donations, Benson, who is responsible for state election laws, is violating the rights of all Republican donors, including him, who are barred from making similar donations to Whitmer's GOP challengers.

To have legal standing, a plaintiff must show they have suffered an injury.

"The court finds that plaintiffs have failed to allege a concrete and particularized injury," Neff said in a 12-page opinion.

The lawsuit "is based not on a restriction — individual campaign limitations — but rather based on elevated or unlimited contribution limits applied across the board to detractors and supporters in recall campaigns," said Neff, who was appointed to the federal bench by former President George W. Bush.

The suit also appears to voice a "generalized grievance" that contribution limits for recall campaigns should be closer to those for regular election campaigns, but a general grievance that does not impact the Republican Party or its chairman any more than it does any other citizen is not sufficient to provide legal standing, she said.

"Plaintiffs concede that they could have contributed unlimited amounts to a recall committee opposing the governor but did not do so."

Benson has said that any of the excess funds not spent fighting a recall will have to be returned to the donors or donated to another entity, which can include the Michigan Democratic Party.

Contact Paul Egan: 517-372-8660 or pegan@freepress.com. Follow him on Twitter @paulegan4. Read more on Michigan politics and sign up for our elections newsletter.

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This article originally appeared on Detroit Free Press: Judge dismisses GOP suit over Whitmer's big-dollar campaign receipts