A Michigan Court of Claims judge has temporarily blocked Secretary of State Jocelyn Benson’s rule that would have required local clerks to delete electronic pollbook records within days after elections. The decision follows a lawsuit arguing that the directive violates federal law, and it comes amid heightened scrutiny of election procedures in Michigan and nationwide.

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The dispute centers on whether Benson’s order to erase pollbooks undermines transparency and compliance with federal requirements to preserve election records. The legal battle has drawn national attention, especially as Benson, a Democrat, is currently leading in polls for Michigan’s gubernatorial race against Republican U.S. Rep. John James, according to The Center Square.

The Court’s Temporary Order

Judge Michael Riordan issued a temporary restraining order last week against Administrative Rule 2025-14 ST, which Benson issued on Oct. 23, 2025. The rule directed that electronic pollbooks be deleted from all devices by the seventh day after the final canvass and certification of an election, except in cases of recounts or post-election audits. The order came in response to a complaint filed by Bridgewater Township Clerk Michelle McQueer, who argued that the rule conflicted with federal law.

Under the court’s order, the Michigan Department of State and local election officials must retain the pollbooks pending further court action. Judge Riordan instructed officials to transfer the pollbooks from precinct laptops to encrypted flash drives and store them securely until the court issues further guidance. This means that, for now, electronic pollbooks from the November 3 General Election and any other relevant elections must be preserved.

The Republican National Committee (RNC) and Michigan GOP were granted permission to intervene in the lawsuit. While Judge Riordan initially denied their motion for a statewide order, he later reversed course, granting the request to block enforcement of Benson’s rule before the November 3 General Election. The judge cited the likelihood that the case would not be resolved before the election as a reason for the temporary order.

Joe Gruters, Republican National Committee Chairman, said in a statement, "Jocelyn Benson tried to wipe out critical election records, and the RNC stopped her. Republicans are protecting the vote and demanding transparency for every American."

The lawsuit filed by Clerk McQueer contends that the Secretary of State’s directive conflicts with federal law, specifically the requirement that election officers "retain and preserve" election records for 22 months after any federal election. This federal mandate is intended to ensure that election records are available for audits, recounts, or investigations if needed. The complaint was filed following Michigan’s August 4 primary, but the implications extend to all federal elections in the state.

The RNC has framed the court’s ruling as a victory for election transparency. Ally Triolo, communications director for the RNC Election Integrity Unit, stated that Republicans will continue efforts to secure Michigan’s elections. The case has become part of a broader national debate over election integrity and transparency, with both parties emphasizing the importance of public confidence in the electoral process.

Patrice Johnson, chairwoman of Pure Integrity Michigan Elections, also weighed in, arguing that retaining pollbooks is essential for election integrity. She noted that watchdog groups have used pollbooks to track voters who remained in line after polls closed, which can be important for verifying election results. Johnson criticized Benson’s record on election directives, saying, “She has promulgated all kinds of rules that undermine our elections.”

Secretary of State’s Response and Broader Context

A spokesperson for Benson’s office told Democracy Docket that the court “did not rule on the merits or determine that the Bureau of Elections’ guidance conflicts with state or federal law.” The office is currently reviewing the ruling to determine its next steps. Benson has previously issued similar directives, including after the 2020 election, instructing clerks to delete pollbook software and files within seven days of certification, with exceptions for recounts, audits, or court orders. At the time, media outlets described those instructions as routine administrative procedures.

The ongoing litigation over pollbook retention is the latest in a series of legal challenges to Benson’s election policies. In a separate 2024 case, a Michigan judge struck down Benson’s guidance that advised clerks to presume all absentee ballots were valid, ruling that such a presumption violated Michigan law. These cases reflect a broader pattern of legal scrutiny directed at the Secretary of State’s approach to election administration.

For now, the court’s order remains in effect, requiring all local election officials to retain electronic pollbooks from the November 3 General Election until further notice. The outcome of the case could have significant implications for how Michigan and other states handle the retention and preservation of electronic election records in the future.