Michigan Judge Orders Election Files Preserved Amid Legal Dispute
A Michigan judge has ordered election records saved after a clerk challenged state deletion rules, raising questions about compliance with federal law.
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In a recent legal development, a Michigan judge has ordered election records from the November 3 general election to be preserved after a local clerk challenged the state’s deletion policy. The ruling, issued by Court of Claims Judge Michael Riordan, blocks the enforcement of a rule requiring the deletion of electronic pollbook software and associated files after certification, which had been set for October 23, 2025.
Challenging State Policy
Michigan’s Secretary of State, Jocelyn Benson, had previously implemented a policy mandating the deletion of electronic pollbook files following the final canvass and certification of election results. However, this rule was challenged by Michelle McQueer, the Bridgwater Township clerk, who argued that it conflicted with federal law requiring the retention of election records for 22 months.
McQueer’s lawsuit names Benson, Elections Director Jonathan Brater, and the Michigan Department of State, marking the beginning of a legal battle that now has broader implications for how election officials across the state must handle electronic pollbooks. The dispute centers on whether the state’s policy aligns with federal requirements for preserving election records.
Legal Arguments and Court Ruling
The state’s defense argues that the necessary information is preserved through uploads into the Qualified Voter File and printed reports. They claim that these records are sufficient to reconstruct a precinct’s Election Day activity, even if the electronic files are deleted. However, the judge ruled that the state’s policy could conflict with federal law, and thus, the files must be retained for further legal review.
Riordan’s order mandates that officials transfer the electronic pollbooks from precinct laptops to encrypted flash drives and store them securely until further court instructions. The judge also emphasized that the court has not yet decided whether the policy conflicts with state or federal law, and the temporary order is meant to preserve records while the legal argument proceeds.
Implications for Election Officials
The ruling has significant implications for election officials, who must now navigate the legal ambiguity surrounding the retention of electronic records. The judge’s decision underscores the importance of preserving the source material while a court determines its legal status, ensuring that both sides can examine the records without the risk of deletion.
As the case continues, the practical question remains: why delete the files before a court has made a determination? The judge’s order ensures that Michigan’s electronic pollbooks will remain available for further legal review, providing a crucial safeguard for transparency and accountability in the electoral process.
Source: PJ Media
