Judge orders Michigan election chief to preserve pollbook data after voting

A Michigan judge ordered the state’s election chief, Jocelyn Benson (D), to temporarily require all the state’s local election officials to preserve electronic voter pollbook records after Election Day. 

That decision will likely fan the flames of disinformation spread by Michigan election deniers and far-right activists, who have used the case to relentlessly attack Benson, who is running for governor, over her election policies and procedures. 

In Tuesday’s order, Michigan Court of Claims judge Michael Riordan reversed his position from earlier this month, when he declined to block a state rule requiring local election officials to destroy the pollbook records after their election is certified.

The case began in August, when Bridgewater Township Clerk Michelle McQueer (R) sued Benson, alleging that the deletion policy conflicted with federal law requiring election officials to retain all voting records in a federal election for at least 22 months after a vote is certified.

Under an administrative rule filed by Benson in October 2025, pollbook data used by every local election official “must be deleted from all devices by the seventh day following the final canvass and certification of the election.” The only exception is when there is a petition for a recount or a scheduled post-election audit. 

Riordan granted McQueer’s request to pause the state rule for the primary election, which was held in August. But Riordan later denied McQueer’s request to block the rule for the general election. 

“Should this matter remain pending following the general election, the Court will revisit this matter,” he wrote.

Election deniers and right-wing activists have boosted the judge’s order to criticize Benson and spread disinformation about Michigan’s elections. 

The Republican National Committee (RNC) and the Michigan GOP intervened in the lawsuit earlier this month, and the U.S. Department of Justice made the rare move of filing a statement of interest in the case. 

Their involvement raises the risk that the Trump administration could use the case as a way to challenge Michigan’s election results if they aren’t to Trump’s liking — much like it’s trying to do in Alaska.

After the RNC intervened, Riordan issued a new order granting a temporary restraining order to pause the state pollbook rule.

“The Court does not anticipate the full resolution of this matter before the General Election,” Riordan wrote in the new order. “Defendants are directed to instruct all local election officials to retain the [electronic pollbooks (EPBs)] from the November 3 General Election. The instructions must direct those officials to transfer the EPB from the precinct laptops onto the encrypted flash drives and then to securely store those flash drives until further order of this Court.”

Riordan did not explain why he reversed his previous order but wrote that it is “not a final order resolving all issues in this matter.”