Staff Reports
The Michigan Court of Claims just handed voters and local clerks a small but important victory. In McQueer v. Benson, the court ordered that Election Day electronic pollbook files be preserved statewide and — according to a written opinion that was circulated — struck down the Secretary of State’s deletion rule, Mich. Admin. Code R 168.48, as conflicting with federal and state law. That means pollbook data must be saved on encrypted drives while the case proceeds, not wiped a week after certification.
What the court actually did
Judge Michael J. Riordan’s order requires county and township clerks to transfer the electronic pollbook (EPB) files from precinct laptops to encrypted flash drives and hold them securely. The ruling enjoins enforcement of Rule 168.48, the rule that had told clerks to delete EPB files seven days after the final canvass and certification. The named plaintiff is Bridgewater Township clerk Michelle McQueer, with the Republican National Committee and the Michigan Republican Party stepping in as intervenors. Secretary of State Jocelyn Benson and the state elections director are the defendants.
Why it matters: law, metadata, and audits
This case turned on the plain fact that law beats rules. The court said, in effect, “When an administrative rule conflicts with a statute, the statute controls,” and relied on the federal 22‑month retention requirement (52 U.S.C. §20701) and Michigan election records law. The opinion also stressed something many officials ignored: EPBs contain metadata and structure that aren’t preserved by printed reports or uploads to the statewide file. That extra digital data is exactly what auditors and investigators need if questions arise.
Practical effects and the tight timeline
Practically speaking, clerks were told to stop deleting and to put EPB files on encrypted flash drives and store them for now. The court noted storage costs would be minimal — the opinion cited an estimate like “at most $100 per additional flash drive.” The Department of State must draft new instructions that comply with the ruling. The state can still appeal, so this may not be the last word, but for the moment the deletion policy is off the table and the data stays preserved for audits and legal review.
A win for transparency — and a reminder to stay alert
Call it a ripcord in the election machine. This was a narrow, lawful fix that prevents mass deletion of records after Election Day. Republicans and voters should cheer that the court enforced the rule of law and protected records that might prove vital. At the same time, don’t pop the champagne: the state can appeal, and officials who favored the deletion policy will be looking for other ways to limit post‑election review. Keep watching the Dept. of State for the new guidance and be ready to challenge any backsliding.
Bottom line
This ruling is the kind of plain, practical victory that helps preserve trust in the process. It doesn’t change votes, but it protects the paperwork and digital traces that let citizens and officials verify results. That’s common sense. If you care about election integrity, treat this as progress — but not the finish line. Stay vigilant, demand transparency, and expect the next legal round. The law just won one skirmish; make sure it wins the war.
