Michigan AG candidate faces legal hurdle over lack of law license

Michigan voters will choose a new attorney general in November, but one candidate may face a legal barrier before he can take the oath of office. Jason Dye, the Libertarian Party nominee, is not a member of the Michigan bar. While state law does not explicitly require the attorney general to be a licensed lawyer, a 1937 court decision suggests the qualification is implied by the title of the office itself.

Dye is the founder of We The People News, an online platform. He told Morning Edition producer Caoilinn Goss that his decision to run was sparked by Anthony Hudson, a former Republican who is now running for governor on the Libertarian ticket. Hudson encouraged Dye to seek office, and Dye found the attorney general post open. When he asked if he needed to be an attorney, he was told no.

Dye argues that the Supremacy Clause makes the U.S. Constitution the supreme law, binding judges rather than the Bar Association. He stated, "I want to get rid of the Bar Association, too. I also want to get rid of qualified immunity. They're both weaponized, and they're both used against the people." His platform includes opposition to data centers, Flock cameras, and large corporations.

If elected, Dye says he would name Michael Komorn, an attorney from Southfield, as his assistant attorney general. Komorn would represent the state in court. Dye explained, "He is an absolute beast. That's who would be representing the state in court." Dye also noted he is friends with Thomas Howell, who is running for Supreme Court justice without a bar license, despite the state requiring it for that position.

The legal status of the office is clear to some experts. A spokesperson for the Secretary of State's office said in an email, "I am not aware of language in the Michigan Constitution or Michigan election law that mandates the attorney general be a licensed attorney." However, University of Detroit Mercy Law professor Aman McLeod pointed to the 1937 case Attorney General ex Rel Cook versus O'Neill. In that decision, the Michigan Supreme Court held that the name of the office implies the holder must be an attorney at law.

McLeod said a court would likely rule that only an attorney could serve as attorney general. If Dye wins the election and is sworn in, the outcome would depend on the timing of the legal challenge. If a quo warranto suit is filed, courts would determine if he is qualified. If he has already taken office, the seat would be vacated. If he has not yet been sworn in, the person with the second most votes might take the office, or the governor would appoint a new candidate.

Dye said his top priority would be to restore the republic by removing corruption and holding officials accountable. He believes the attorney general should act on behalf of the people, particularly in challenging data centers that affect water and farmland, and Flock cameras that he views as violations of First and Fourth Amendment rights. He described the current system as one where money and connections allow people to get away with actions that would send others to court.

The race is part of a larger midterm election where Dana Nessel, the current attorney general, is term-limited. Dye's candidacy has drawn attention to the specific requirements of statewide offices. While his name appears on the ballot, the path from election night to the office may involve a test of the 1937 precedent that has guided the interpretation of the attorney general's qualifications for nearly ninety years.