Judge Michael Riordan last week issued a restraining order against Benson's rule, which seems to be in conflict with federal election law.
Michigan Secretary of State Jocelyn Benson's rule directing clerks to destroy pollbook records days after elections is on hold for now, just as the far-left Democrat asks voters to promote her to governor.
Michigan Court of Claims Judge Michael Riordan last week issued a temporary restraining order against Benson's rule, which appears to be in direct violation of federal election records laws.
It's the latest instance of Benson pushing election directives that clash with statute. Republican National Committee Chairman Joe Gruters celebrated the ruling as a significant win for transparency. The RNC intervened in the original lawsuit against Benson, filed by Bridgewater Township Clerk Michelle McQueer.
Gruters questioned why Democrats who insist U.S. elections are unimpeachably secure want to destroy electronic pollbook records so soon after the election.
"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," Gruters said in a press release.
'Retain and Preserve'
Issued on Oct. 23, 2025, Benson's Administrative Rule 2025-14 ST requires pollbooks used by local election officials "be deleted from all devices by the seventh day following the final canvass and certification of the election." The rule may only be sidelined by a recount or a post-election audit.
McQueer argued Benson's attempt to hastily erase election records runs afoul of federal code that requires election officers to "retain and preserve" election records for 22 months "from the date of any general, special, or primary election." The Bridgewater Township clerk first filed her complaint following Michigan's Aug. 4 primary election.
On Aug. 27, the judge issued an initial temporary restraining order directing the Michigan Department of State and elections officials to maintain the electronic pollbooks from the primary pending a final ruling. The defendants are also prohibited from enforcing Benson's rule. That order remains in effect.
On Oct. 5, Riordan granted a request from the RNC and the Michigan GOP to intervene in the lawsuit but denied their motion for a statewide order stopping clerks from destroying election records following this week's midterm elections. Because the court doesn't expect the matter to be resolved before Tuesday's election, Riordan changed his mind and granted the motion to block implementation of Benson's destructive rule — for now.
"Defendants are directed to instruct all local election officials to retain the EPBs from the November 3 General Election," the judge wrote. "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."
A spokesperson from Benson's office told Democracy Docket, the site operated by Russia collusion hoaxer and leftist lawfare lawyer Marc Elias, that the Court of Claims "did not rule on the merits or determine that the Bureau of Elections' guidance conflicts with state or federal law."
"We are reviewing the ruling to determine our next steps," the spokesperson said.
Benson pulled the same stunt following the disputed 2020 election. In a Dec. 1, 2020 memo, madam secretary ordered clerks to delete electronic pollbook software and associated files "from all devices by the seventh calendar day following the final canvass and certification of the election." It came with the same exceptions, including a petition for recount, a post-election audit, or a court order staying Benson's directive. Corporate media outlets painted the order as "routine" instructions following elections.
'With Apologies to Gertrude Stein'
It's more of the same from a Michigan Secretary of State with a record of extreme partisanship and executive overreach. Pure Integrity Michigan Elections, part of the Election Integrity Network, has been tracking Benson's leftist activism for years.
"She has promulgated all kinds of rules that undermine our elections. Now she's moving on, running for governor as she runs Michigan's elections with rules that when she is no longer [Secretary of State] will have the force of law," PIME chairwoman Patrice Johnson told The Federalist in a recent interview.
In 2024, a Michigan judge appointed by fellow leftist, Gov. Gretchen Whitmer, struck down Benson's unlawful guidance advising local election clerks to presume all absentee ballots were valid.
"With apologies to Gertrude Stein, however, a presumption is a presumption is a presumption. Whether the guidance manual includes a gentle nudge instead of a hip check, it's still a foul under Michigan law," Judge Christopher P. Yates wrote in his ruling.
Johnson said election integrity watchdogs used electronic pollbooks to track the voters who were in line to vote long after the polls were supposed to have closed. She said retention of the local pollbooks is critical to election integrity.
"Another election mess, another Jocelyn Benson blunder. Benson tried to wipe away election records ahead of the midterms — and the RNC stopped her," Ally Triolo, communications director for the RNC's Election Integrity Unit said in a statement to The Federalist. "Republicans will keep fighting to secure Michigan's elections and protect the vote."
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