Michigan court strikes down Benson rule to delete electronic poll books, on the eve of the election

The Michigan Court of Claims on Monday struck down a rule from Secretary of State Jocelyn Benson that required local clerks to delete electronic poll book software and files within seven days after an election is certified. Judge Michael J. Riordan found the rule conflicts with Michigan's election-records retention law, which requires records to be kept for 22 months, and permanently barred its enforcement.

The ruling applies starting with Tuesday's election. Electronic poll books must now be kept with their metadata intact. "Retaining the metadata is as crucial as retaining the data itself," the court wrote, finding that uploading the information into the state's Qualified Voter File does not preserve the records' full content. The court rejected a separate argument that the rule also violates federal law, and directed the Department of State to write new instructions for clerks, saying it would not dictate exactly how the records are kept.

The suit was brought by Bridgewater Township Clerk Michelle McQueer; the Republican National Committee and the Michigan Republican Party later joined. The state can appeal.