LANSING, Mich. (Michigan News Source) – Michigan Democratic Secretary of State Jocelyn Benson’s election records policy is facing a legal challenge, and a judge has raised the possibility of federal criminal prosecution.
According to the Michigan Fair Elections Institute, Court of Claims Judge Michael Riordan raised the possibility of federal prosecution for Secretary of State and Democratic gubernatorial candidate Jocelyn Benson while questioning an assistant attorney general defending the state during a September 16 court hearing.
Seven Days or 22 Months?
MORE NEWS: Michigan House Passes Bills to Eliminate Fees for Serving Protection Orders
The concern centers on Michigan’s requirement that electronic poll book files be deleted seven days after election certification, potentially conflicting with federal law requiring certain election records to be preserved for 22 months.
Bridgewater Township Clerk Michelle McQueer sued Benson, Director of the Bureau of Elections Jonathan Brater and the Department of State in August. Her complaint argues that Michigan’s requirement to delete electronic poll book files seven days after election certification conflicts with federal law requiring election records to be preserved for 22 months.
Judge Calls State’s Position Reckless
The state’s attorney argued that prosecution was speculative, noting that federal authorities had not pursued enforcement in 14 years.
Riordan questioned that reasoning and, in his September 22 written decision, characterized the state’s willingness to accept the risk as “quite remarkable and reckless.”
The judge rejected the state’s motion to dismiss the lawsuit but also declined McQueer’s request to immediately invalidate the rule.
A temporary order preserving the electronic poll book records remains in effect while the case continues.
MORE NEWS: Mackinac Bridge Crash Injures Four; Driver Arrested on Reckless Driving Charge
Benson has not been charged with any crime, and the court has not yet determined whether Michigan’s rule violates federal law.
