Michigan lawmakers mulling bill to conceal information about themselves, governors

LANSING, Mich. — The Michigan House is poised Thursday to vote on a bill that would allow government agencies to hide the addresses, phone numbers and outside employer names of state lawmakers, the governor, former governors, the lieutenant governor and their immediate family members.

House Bill 4397, initially focused on concealing the personal information of judges, was altered in committee last week with language that would instead cover dozens of state and federal elected positions. The bill was also renamed the "Elected Officials Protection Act."

When the bill language was swapped out, several individuals testified in opposition, particularly to the idea that probate judges, who often have influence over estates and wills, would not need to disclose any interests they may have in property.

But lawmakers pushed back against that opposition, arguing the bills were about the safety of elected officials and their families.

“If you want to hold judges accountable, you can do it in many other ways, but you don’t need to know where their spouse works or where their children go to school in order to hold them accountable,” said state Rep. Kelly Breen, D-Novi.

“These threats are real,” Breen said. “And not just against judges but against elected officials. My life’s been threatened. My daughter’s life has been threatened. Judges’ lives have been threatened. This isn’t about hiding them from their actions.”

Some public officials in Michigan have been subject to protests at their homes and so-called swatting hoaxes, in which someone anonymously reports an emergency at their home. U.S. Sen. Elissa Slotkin, D-Holly, and U.S. Rep. Tim Walberg, R-Tipton, have said they've been victims of swatting.

The potential vote in the House comes five months after a lawmaker in Minnesota was assassinated at her home. Another Minnesota lawmaker was shot and seriously injured.

House Speaker Matt Hall, R-Richland Township, noted the Minnesota assassination, the shooting of conservative activist Charlie Kirk and a recent protest at state Rep. Angela Rigas' home in explaining the need for the legislation. Lawmakers and state officials, Democrats and Republicans, have faced increasing threats in recent years that the bill could help address, Hall said.

“I’m acknowledging that there’s public benefit to knowing where the elected officials reside,” Hall said. “I’m also weighing that against the benefit of protecting our elected officials from threats.”

However, the bill, as written, would make it more difficult for the public and members of the media to investigate whether lawmakers are living in the districts they represent, whether they are getting property tax benefits they shouldn't be and whether they're voting on bills that help organizations paying them on the side.

Lisa McGraw, public policy manager for the Michigan Press Association, said she recognizes the need to protect public officials in today's heated climate.

"Admittedly, some privacy safeguards that would ensure that officials and their families are protected should be in place," McGraw said. "However, transparency helps hold the public leaders accountable."

Under the proposal, members of the state Legislature, members of U.S. Congress, the current governor, former governors, the current lieutenant governor, the current secretary of state and the current attorney general could request a government agency not publicly post information about their home address, other properties they own and use for "recreation," the names of their employers or their license plate numbers.

The bill would provide the same benefits to elected officials' family members. And it covers state agencies and local governments, including counties that handle property tax records and property sale records.

State Rep. Sarah Lightner, R-Springport, the sponsor of the measure, said several other bills will need to be introduced to address other areas of law that require disclosure of elected officials' information.

But the legislation, as it stands, could conceal key information used to confirm a lawmaker’s residency in the district he or she represents or any interest he or she may have in certain policy questions.

For example, in March, The Detroit News reported Republican state Rep. Bryan Posthumus ran for precinct delegate in Cannon Township, inside his House district, while his then-wife ran for precinct delegate in Cascade Township, outside his district. Posthumus said he purchased a condo in Cannon Township after he got married to maintain residency in his district and avoid uprooting his wife’s family.

It was at least the second time in five years that Posthumus' residency had been questioned. It appears that information could be concealed under the new legislation.

Likewise, after lawmakers added a wave of earmarks to the Fiscal Year 2023 state budget, reporting found that state Rep. Tom Kunse, a Clare Republican, sold his property before taking office for $3.5 million to Complete Health Park, a development that was supported by a $25 million earmark in the 2023 budget.

Attorney General Dana Nessel charged a former House aide with embezzlement in relation to the grant, but cleared Kunse.

Additionally, multiple lawmakers and elected officials are married to registered lobbyists. It is not clear how the ban on disclosure of employer information in the bill would affect the current financial disclosure or lobbyist laws that require that a lobbyist's employers be publicly disclosed.

Hall said Thursday that some details, such as the impact on lobbyists married to lawmakers, needed to be reviewed to determine if amendments were needed.

The text of the bill suggests a former governor could be hired to lobby on a business's behalf without the employer's name having to be reported publicly.

A constitutional amendment Michigan voters approved in 2022 requires Michigan lawmakers to report annually on their outside sources of income. It's not clear how that policy would fit into the proposal to allow lawmakers to conceal employers' names.

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