LANSING, Mich. (Michigan News Source) – On the eve of the election, Secretary of State Jocelyn Benson has been handed a defeat.

Seven-day deletion rule struck down

The Michigan Court of Claims struck down a state rule requiring clerks to delete electronic poll book software and associated files within seven days after final canvassing and certification of an election.

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Judge Michael J. Riordan found that the rule conflicts with Michigan’s election-record retention law and permanently barred its enforcement. The court rejected a separate argument that the rule conflicts with federal law.

Attorney Kevin Kijewski said the case marks a win “for every clerk in Michigan,” beginning with the Nov. 3 election.

Why the original records matter

The ruling requires electronic poll books to be retained with their metadata intact. The court found that uploading information into the state’s Qualified Voter File does not preserve the records’ full content, context and structure.

“Metadata is critical to understanding the EPB and the data within,” the court wrote. “Retaining the metadata is as crucial as retaining the data itself.”

The court directed Benson and the Michigan Department of State to develop instructions for local election officials to comply with the ruling.

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“The Court acknowledges, however, that elections are not in the control of the Judicial Branch. It would violate the constitutional separation of powers for the Court to dictate the manner in which the EPB is retained following an election,” Riordan wrote.

A clerk’s challenge brings statewide change

Bridgewater Township Clerk Michelle McQueer sued earlier this year. The Republican National Committee and Michigan Republican Party later joined the case.

The dispute follows another involving Stephanie Scott, the former Adams Township clerk in Hillsdale County, who challenged Michigan election officials over preservation of records following the 2020 election.

Michigan Attorney General Dana Nessel charged Scott and her attorney, Stefanie Lambert, in 2024, alleging they allowed unauthorized access to voter data. The felony charges were dismissed in April, although a separate misdemeanor remained at that time. According to Michigan Fair Elections Institute, Nessel has appealed the felony dismissal.

Benson, who is seeking the governor’s office in Tuesday’s election, remains Michigan’s chief election officer.