John James

GRAND RAPIDS, MI – In a legal rebuttal, attorneys for John James called a lawsuit over his governor’s campaign logo “political lawfare,” arguing that his GOP primary opponent provided no real proof of a violation.

The 47-page response was filed Thursday, May 7. James’ team said Perry Johnson’s campaign has used the same language it’s now suing over, including on mock checks issued by “the State of Michigan” and signed by “Perry Johnson, Governor.”

The James campaign requested the lawsuit be dismissed, while Johnson’s campaign advisor John Yob said the two aren’t equatable.

The lawsuit, filed April 22 in Ingham County Circuit Court, contends James, now a member of Congress, is misleading people into believing he’s the incumbent governor based on the logo used on his website and in recent statewide advertising.

The logo, a crest with an American flag background and helicopter, features only the words, “John James” and “Governor.”

It’s displayed at the top of James’ campaign website and in a recently-aired statewide TV and digital media ad, which focuses on James’ time as a military helicopter pilot. The materials were also recently used at the state’s Republican Endorsement Convention on March 28, according to legal filings.

The lawsuit alleges that James is “acting as if he is the incumbent governor with no indication that he is merely a candidate,” pointing to a failure to use necessary phrasing like “John James for Governor” or “Elect John James Governor.”

The lawsuit, which lists the James campaign and James himself as defendants, asks a judge to immediately order James to stop printing and distributing any materials that use the phrase.

Arguing against a preliminary injunction on James’ use of the logo, his attorneys said anything prohibiting James’ political speech “would irreparably harm” him.

“Johnson’s harms – if any – are speculative and can be remedied through Johnson’s own free speech rights,” the filing reads.

Michigan law forbids candidates from using campaign materials -- including radio, television, newspapers, cards or stationary -- that gives the impression that they are an incumbent. A violation is a $500, 90-day misdemeanor.

Johnson argued in his lawsuit that James’ use of the “John James Governor” campaign logo is “widespread, repeated and central to the campaign’s branding, indicating that it is intentional rather than inadvertent.”

“The campaign materials are false and clearly designed to influence voters in an upcoming election,” the filing reads, later stating that “Johnson is harmed by James’ conduct because it creates voter confusion and confers an unfair electoral advantage by falsely implying incumbency, thereby undermining the integrity of the election process.”

But the James campaign, represented by Grand Rapids law firm Dickinson Wright, argued in its May 7 rebuttal that Johnson’s prior and current campaigns have used the same language he’s criticizing James for.

That includes an advertisement from Johnson’s 2024 presidential campaign that read, “President 2024 Perry Johnson,” and mock checks that have been disseminated by Johnson during his 2026 gubernatorial campaign.

Johnson has used the mock checks to illustrate his plan to cut Michigan’s income tax, which he said would save the average Michigander $4,747.

According to James’ filing, the checks were included as part of a mailer sent out to voters by Johnson.

The checks were addressed to the “Average Michigan Family” and have “State of Michigan” written in the top left corner. They’re dated Jan. 1, 2027 and are signed by “Perry Johnson, Governor.”

“James’ logo used the exact same language as Johnson’s signage,” the rebuttal filing reads.

In response, Yob said “the signature line on the check is clearly satire.”

He pointed to the Jan. 1, 2027 date, and the mailer’s logo, which “very clearly says ‘for governor’ on the exact same document.”

“We appreciate that they acknowledge their wrongdoing by already changing the logo that they use and look forward to beating them in court soon,” Yob said.

As of May 7, James’ logo appears to be the same on his campaign website.

The lawsuit is the latest in a series of jabs between Johnson and James, both now considered frontrunners ahead of the Tuesday, Aug. 4, primary election.

Polling released in April by Emerson College found both candidates polling within one percentage point of each other among likely primary voters, after Johson entered the race in late January and immediately pledged to spend millions of his own money on advertising.

Other recent polling from the Detroit Regional Chamber has shown James getting more support, up 17 points over Johnson.

Johnson has criticized James in TV ads, with an early March ad showing the congressman’s face on screen as Johnson spoke about “career politicians.”

While James’ campaign has criticized Johnson’s big spending, with campaign spokesperson Hannah Osantowske saying, “Michigan Republicans are not for sale.”

In the rebuttal, James’ attorneys also argued that the Johnson campaign provided no factual evidence of a violation, relying solely on James’ logo and “conveniently omitting the context surrounding the use of that logo, which is that James is running to be the next governor.”

“Everyone knows that Gretchen Whitmer is the governor of Michigan – and she has been for nearly eight years now," the rebuttal by the James campaign reads.

The attorneys argued that the logo doesn’t include specific language referenced in the law that governs what candidates cannot say, terms like “incumbent” or “re-elect.” Instead, they say Johnson’s lawsuit relies on a more vague “catchall” portion of the law.

James’ attorneys in turn argued that his materials repeatedly reference his campaign and don’t assume incumbency, with no proof that James’ logo has confused potential voters.

The filing references multiple social media posts and the “freedom agenda” portion of James’ campaign website, which reads, “It’s time for a new Governor – a qualified and uncompromised outsider to Lansing and not a career politician – to clean up state government.”

“That’s not language an incumbent would use,” the filing reads. “James’ campaign has consistently conveyed that he is a new voice in Michigan state politics.”

The rebuttal filing also includes an affidavit from James’ campaign manager Jackson Gross, who claims the core purpose of the campaign is that James is a “Lansing outsider.” Gross argued that painting James as an incumbent would undermine that message.

James’ attorneys pointed to a 2019 district court decision in the case of a Michigan state Senate candidate that found the incumbency law an unconstitutional violation of the First Amendment.

They argued the same provisions apply in this case, and that requiring James to stop sharing his campaign materials would be a violation of his First Amendment rights, requiring him to delete hundreds of social media posts, change tv ads and destroy banners and t-shirts on the eve of a primary election.

Gross said it would be impossible to comply, based on the volume of materials shared.

Updating his campaign website alone would take over 20 hours working with vendors and developers, Gross said.

The public would also be harmed, James’ attorneys wrote, with public trust in elections eroded.

The attorneys also argued that the district court, not the circuit court, should have jurisdiction based on the type of potential misdemeanor violation.

Other Republican candidates running for the open governor’s seat are state Senate Minority Leader Aric Nesbitt, R-Porter Township; former Attorney General Mike Cox; and pastor Ralph Rebandt.