BREAKING: A MICHIGAN COURT JUST ORDERED BENSON TO TELL EVERY CLERK IN THE STATE TO KEEP THE NOVEMBER 3 POLL BOOKS.
The Court’s words to Jocelyn Benson, Michigan Secretary of State: “Defendants are directed to instruct all local election officials to retain the EPBs from the November 3 General Election.”
And Benson’s deletion rule? “Defendants are precluded from enforcing Rule 168.48 pending the resolution of this matter.”
Benson’s rule: DELETE the poll book files 7 days after the election is certified.
Federal law: KEEP election records 22 months.One township clerk asked which law to follow. Nobody answered. So Michelle McQueer sued.
In August, the Court protected her file, the ONLY one known to still exist, and barred enforcing the rule against her.
Today it extended that protection to EVERY clerk in Michigan, on an additional request from the RNC and Michigan Republican Party, who joined her case this month. Glad to have them in the fight.
Along the way, @TheJusticeDept and the @CivilRights division told the Court the Secretary “remains ultimately responsible” for preserving poll book data. And Benson’s own data manager swore the list each precinct downloaded for Election Day “need not be uploaded.”
Reconstruction is not preservation.
This isn’t the final ruling. But no November poll book gets deleted while the judge decides. That’s all one clerk asked for.
ONE CLERK. ONE QUESTION. EVERY NOVEMBER POLL BOOK SAVED.
The Order: http://tinyurl.com/PollbookStatewideTRO
McQueer v Benson, Court of Claims No. 26-000172-MZ
Let’s make Michigan safe, normal, and responsible again! 🇺🇸
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PICK A CRIME: That’s the choice Michigan Secretary of State Jocelyn Benson handed my client, a township clerk.
A new state rule Benson made orders my client to DELETE the electronic poll book records of the August 4 primary within 7 days of certification. What’s the problem? Federal law orders her to KEEP those same records for 22 months, into 2028.
Delete them? Face up to 1 year of imprisonment under federal law. Refuse? Up to 90 days imprisonment under Michigan law. Every path carries a penalty aimed at my client personally. For trying to follow the law.
My client wrote Jocelyn Benson and the Director of Elections on July 6 and asked one question: how do I obey both? Thirty-seven days. NO ANSWER.
So we asked a judge, while the records still exist. No more waiting around. Declare which law controls. Preserve the voting records.
And the part that should get your attention: the same rule governs the NOVEMBER election.
Read all 156 pages, complaint and exhibits, yourself: http://tinyurl.com/pollbookcase
The one-page fact sheet: http://tinyurl.com/pollbookcasefactsheet
Let’s make Michigan safe, normal, and responsible again! 🇺🇸
BREAKING: A MICHIGAN COURT JUST ORDERED BENSON TO TELL EVERY CLERK IN THE STATE TO KEEP THE NOVEMBER 3 POLL BOOKS.
The Court’s words to Jocelyn Benson, Michigan Secretary of State: “Defendants are directed to instruct all local election officials to retain the EPBs from the… https://t.co/ElbLkRwjlh pic.twitter.com/ZdBLnZfV7y
— Kevin Kijewski (@KevinKijewski) October 27, 2026
