Michigan Judge Orders Benson to Keep Every Pollbook From Nov. 3 Vote

A Michigan judge has ordered Secretary of State Jocelyn Benson’s office to tell every local election official in the state to keep the electronic pollbook records from the November 3 general election, handing the Republican National Committee and the Michigan Republican Party a win less than a week before voters go to the polls.

Michigan Court of Claims Judge Michael J. Riordan granted a statewide temporary restraining order on Tuesday, according to the court’s written order. The order directs Benson’s office to instruct local officials to move the pollbook data from precinct laptops onto encrypted flash drives and to “securely store those flash drives until further order of this Court.” It also bars the state from enforcing Michigan Administrative Rule 168.48 while the case continues, the order says.

🚨 BREAKING: The RNC and Michigan GOP just scored a major election integrity win in court against Michigan Sec. of State Jocelyn Benson — blocking her push to wipe out electronic pollbook records just SEVEN DAYS after her own election certification for governor

GOOD! 👏🏻

Federal… pic.twitter.com/ttuLXMiWq9

— Eric Daugherty (@EricLDaugh) October 28, 2026

That rule, filed by Benson in October 2025, required local clerks to delete electronic pollbook software and files within seven days after an election is certified, according to the RNC and Democracy Docket. The RNC argued in a press release that federal law requires records tied to federal elections to be preserved for 22 months.

One township clerk started the fight

The case began in August, when Bridgewater Township Clerk Michelle McQueer, a Republican, sued Benson and argued that the deletion policy conflicted with the federal 22-month retention requirement, Democracy Docket reported. According to the court’s order, the judge entered a restraining order on August 27 that told McQueer to keep her township’s pollbook from the August 4 primary, and later clarified that the state could not enforce the deletion rule against her.

The RNC and the Michigan GOP were allowed to join the case on October 5, according to the order. The judge turned down their first request for a statewide order at that time. On Tuesday he granted it, writing that “the Court does not anticipate the full resolution of this matter before the General Election.”

The order also notes that the United States filed a statement of interest in the case on October 16, which the judge accepted. Democracy Docket described the Justice Department’s filing as a rare move.

What both sides are saying

“Democrats say our elections are secure, but then they want the records destroyed. Why?” RNC Chairman Joe Gruters said in a statement released by the committee. “Jocelyn Benson tried to wipe out critical election records, and the RNC stopped her.”

The RNC said the records are needed for possible audits, recounts and transparency, and warned in its release that the deleted data “may not exist anywhere else.”

Democracy Docket, a left-leaning legal news site, criticized the decision, writing that it “will likely fan the flames of disinformation” and arguing that the Trump administration could use the case to challenge Michigan’s results. The outlet also noted that the judge did not explain why he changed course from his earlier denial.

Attorney Kevin Kijewski, who represents McQueer, said in a post quoted by Michigan News Source that the protection now covers “EVERY clerk in Michigan.” He added that Benson’s own data manager had stated in the case that the list each precinct downloaded for Election Day “need not be uploaded.”

Not a final ruling

The order is temporary. Judge Riordan wrote that it “is not a final order resolving all issues in this matter,” and the underlying dispute over whether Benson’s rule conflicts with federal law is still pending, according to the court document.

The ruling lands as Benson runs for governor of Michigan, Democracy Docket noted. Gongwer Michigan, writing for State Affairs Pro, reported that all local officials must now keep their general election pollbooks under the order.

For now, no November pollbook in Michigan can be wiped while the court decides the case.

Sources

• Michigan Court of Claims order, McQueer v. Benson, No. 26-000172-MZ
• RNC press release
• Democracy Docket
• Michigan News Source
• Gongwer Michigan via State Affairs Pro
• Eric Daugherty on X

Reporting by Daily Beltway.