Michigan judge issues final ruling that state clerks must keep election records for 22 months

Michigan judge issues final ruling that state clerks must keep election records for 22 months

Judge Michael Riordan determined that rule 168.48 of the Michigan Complied Laws is invalid and that all electronic election records must maintain all its original metadata and the files will be placed on a poll book on a drive for 22 months.

A Michigan state judge ruled Monday that all state clerks must keep election records for 22 months, striking down a state rule from the Michigan Secretary of State's office, which ordered clerks to delete all election poll books.

Judge Michael Riordan determined that rule 168.48 of the Michigan Complied Laws is invalid and that all electronic election records must maintain all of its original metadata and the files will be placed on a drive for 22 months.

The order comes after one Michigan township clerk questioned whether to follow Michigan Secretary of State Jocelyn Benson's rule for clerks to delete all election poll books within seven days after an election, or comply with a different rule that all records be preserved for 22 months.

"To retain the poll lists and statements as required by MCL 168.811, the EPB must be retained with its metadata inta...