LANSING, Mich. (Michigan News Source) – With less than a week until Election Day, Michigan’s Court of Claims handed Secretary of State Jocelyn Benson a temporary setback over the state’s electronic poll book deletion rule, according to an announcement from attorney Kevin Kijewski.
Kijewski said the court ordered Benson’s office to instruct local election officials statewide to preserve the November 3 electronic poll books while a legal challenge proceeds.
BREAKING: A MICHIGAN COURT JUST ORDERED BENSON TO TELL EVERY CLERK IN THE STATE TO KEEP THE NOVEMBER 3 POLL BOOKS. The Court’s words to Jocelyn Benson, Michigan Secretary of State: “Defendants are directed to instruct all local election officials to retain the EPBs from the November 3 General Election.” And Benson’s deletion rule? “Defendants are precluded from enforcing Rule 168.48 pending the resolution of this matter.” Benson’s rule: DELETE the poll book files 7 days after the election is certified. Federal law: KEEP election records 22 months. One township clerk asked which law to follow. Nobody answered. So Michelle McQueer sued. In August, the Court protected her file, the ONLY one known to still exist, and barred enforcing the rule against her. Today it extended that protection to EVERY clerk in Michigan, on an additional request from the RNC and Michigan Republican Party, who joined her case this month. Glad to have them in the fight. Along the way, @TheJusticeDept and the @CivilRights division told the Court the Secretary “remains ultimately responsible” for preserving poll book data. And Benson’s own data manager swore the list each precinct downloaded for Election Day “need not be uploaded.” Reconstruction is not preservation. This isn’t the final ruling. But no November poll book gets deleted while the judge decides. That’s all one clerk asked for. ONE CLERK. ONE QUESTION. EVERY NOVEMBER POLL BOOK SAVED. The Order: https://t.co/5vK0eh3q3K McQueer v Benson, Court of Claims No. 26-000172-MZ Let’s make Michigan safe, normal, and responsible again! 🇺🇸 @MIGOP @MI_Republicans @Th_Midwesterner @MINewsSource @stevegrubershow @MrJustinBarclay @JonathanTurley @RobGouveiaEsq @downi75 @Mike_Cox @MrAustinPredict @gatewaypundit @honestpollster @mifairelections @dcexaminer @MZHemingway @jsolomonReports @HarmeetKDhillon
— Kevin Kijewski (@KevinKijewski) October 27, 2026
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The lawsuit centers on whether the state rule conflicts with federal election records retention requirements. Federal law requires election officials to preserve records related to voting in federal elections for 22 months. Michigan’s rule generally requires electronic poll book software and associated files to be deleted within seven days after final canvassing and certification, subject to exceptions.
Michelle McQueer, the Bridgewater Township clerk, sued Benson over the rule. She argues that deleting those files violates federal law. The state maintains that the information is preserved through other records.
The temporary order does not represent a final ruling on the rule’s legality.
Macomb County Clerk Anthony Forlini, a Republican running for Secretary of State, commented on the ruling. “This order is temporary, and the underlying case remains unresolved. My position is straightforward: follow the court’s order, preserve the required records, protect sensitive information, and give our clerks the guidance they need to do their jobs properly,” Forlini said.
Benson, the Democratic nominee for governor, remains Michigan’s chief election officer. Her office has announced a policy delegating certain procedures that could affect the gubernatorial race to the director of elections.
