Benson's Pollbook Deletion Rule Conflicts With Federal Law and Reflects a Pattern of Partisan Overreach
Source: M.D. Kittle. "Court Stops Michigan's Elections Chief From Destroying Pollbooks." November 2, 2026. thefederalist.com
The Gist
The author argues that Michigan's top election official ordered local clerks to delete electronic voter check-in records almost right away after elections, even though federal law says to keep them for 22 months. A judge temporarily blocked the rule, and the author sees this as another example of Benson overstepping the law in ways that weaken election transparency.
Conclusion
Michigan Secretary of State Jocelyn Benson's rule requiring clerks to delete electronic pollbooks within days of certification likely violates federal records-retention law, is part of a pattern of partisan overreach that undermines election integrity, and was rightly blocked by the court.
Premises
- Federal law requires election officers to 'retain and preserve' election records for 22 months from the date of an election.
- Benson's Administrative Rule 2025-14 ST requires pollbooks to be deleted from all devices by the seventh day after final canvass and certification, with exceptions only for recounts or post-election audits.
- Judge Riordan issued a temporary restraining order against the rule, ordering that electronic pollbooks from the November 3 election be retained, which indicates the rule appears to conflict with federal law.
- Benson has a record of issuing election directives that clash with statute, including a similar 2020 deletion order and 2024 guidance on presuming absentee ballots valid that a Michigan judge struck down.
- Retained pollbooks are valuable to election watchdogs, who used them to track voters who were in line after the polls were supposed to close.
- Those who claim elections are secure have no good reason to want pollbook records destroyed so soon after an election.
Assumptions
- Electronic pollbook data counts as 'election records' under the federal 22-month retention requirement.
- A temporary restraining order is meaningful evidence that the rule is likely unlawful, even though the court did not rule on the merits.
- Benson's past legally rejected guidance indicates intent or a pattern of partisan overreach rather than good-faith administrative disagreement.
- Early deletion of pollbooks serves no legitimate administrative purpose (e.g., data security or privacy).
- Retention of pollbooks is necessary for meaningful post-election scrutiny and integrity.