A Michigan Court of Claims judge has ordered Secretary of State Jocelyn Benson to direct local election officials statewide to preserve electronic pollbook records from the Nov. 3 election while a lawsuit over the state’s data retention rules proceeds.
Judge Michael Riordan issued the temporary restraining order Tuesday, reversing an earlier decision that declined to block the state rule requiring electronic pollbook software and associated files to be deleted within seven days after an election’s final canvass and certification.
The lawsuit was filed in August by Bridgewater Township Clerk Michelle McQueer, a Republican, who argues that Michigan’s deletion policy conflicts with federal law requiring election officials to retain voting-related records for 22 months after a federal election. The Republican National Committee and Michigan Republican Party later joined the case, and the U.S. Department of Justice filed a statement of interest.
Under Riordan’s order, local election officials must transfer electronic pollbook data from precinct laptops to encrypted flash drives and securely store the drives until further court order. The judge said the court does not expect to resolve the underlying case before the general election.
