A Michigan state judge ruled Monday that all state clerks must keep election records for 22 months, striking down a state rule from the Michigan Secretary of State's office, which ordered clerks to delete all election poll books.
Judge Michael Riordan determined that rule 168.48 of the Michigan Complied Laws is invalid and that all electronic election records must maintain all of its original metadata and the files will be placed on a drive for 22 months.
The order comes after one Michigan township clerk questioned whether to follow Michigan Secretary of State Jocelyn Benson's rule for clerks to delete all election poll books within seven days after an election, or comply with a different rule that all records be preserved for 22 months.
"To retain the poll lists and statements as required by MCL 168.811, the EPB must be retained with its metadata intact," Riordan wrote. "Accordingly, Rule 168.48's requirement that the EPB be deleted by local clerks within seven days of the final certification and canvass of the election is inconsistent with and violates MCL 168.811. 'When an administrative rule conflicts with a statute, the statute controls.'"
The order comes one day ahead of the 2026 midterm elections, which takes place on Tuesday, Nov. 3.
Misty Severi is a news reporter for Just The News. You can follow her on X for more coverage.
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