Michigan secretary orders rapid deletion of primary poll-book data, sparking legal clash
A new Michigan rule requires a township clerk to erase electronic poll-book records from the August 4 primary within a week, conflicting with a federal mandate to keep such records for 22 months.
Jocelyn Benson, Michigan's secretary of state, promulgated a rule compelling a township clerk to purge the electronic poll-book data from the August 4 primary within seven days of certification. Because the primary featured U.S. Senate and House races, federal statutes require those records to be retained for 22 months, creating a direct conflict with the state order. Non-compliance with the federal requirement could lead to up to one year in prison, while defying the state directive carries a possible 90-day sentence.
After the clerk’s request for clarification went unanswered, a court action was filed to resolve the supremacy issue before the records are destroyed. The filing includes a 156-page complaint and supporting exhibits, urging a judicial determination that preserves the voting data. The dispute highlights tension between state election officials and federal record-keeping obligations.
Why it matters
The case could set a precedent on whether state officials can override federal election-record retention rules.
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