State of Michigan

Michigan Preserving Poolbook Data Challenge

McQueer v. Benson

An anti-voting lawsuit challenging a Michigan rule requiring elections officials to delete electronic voter pollbook records shortly after an election is certified.

Background

A Michigan clerk, Michelle McQueer, sued Michigan Secretary of State Joselyn Benson, arguing that a Michigan election regulation mandating how long to keep pollbook records is preempted by federal law. The state regulation requires all Michigan election officials to delete electronic voter pollbook data within seven days after the vote is certified. The township clerk argued that the state rule conflicted with a federal law that requires election officials to hold on to all voting records in a federal election for at least 22 months after vote has been certified. McQueer asks the court to declare that the Michigan law is invalid.

Why it matters

The Republican National Committee (RNC) has intervened in the lawsuit, and the U.S. Department of Justice has made the rare move to file a statement of interest in the case, which could indicate it is pursuing a strategy to preemptively discredit election results. The case has also attracted attention among election deniers, who use lawsuits like this one to justify conspiracy theories about widespread fraud. 

Latest Updates

  • Oct. 27, 2026: The court granted the Temporary Restraining Order.
  • Oct. 16, 2026: The defendants filed their response brief in opposition to the plaintiff’s motion for a temporary restraining order. The DOJ filed a statement of interest. The state filed a motion to dismiss the claim in its entirety.
  • Oct. 15, 2026: The Michigan Republican Party and the RNC filed their complaint.
  • Oct. 2, 2026: The court denied the plaintiff’s request for a TRO. The Michigan Republican Party and the RNC moved to intervene.
  • Aug. 12, 2026: Plaintiff filed her complaint.

Case Documents