Court Keeps Lawsuit Against Michigan Pollbook Rule Alive
A court denied a motion to dismiss a legal challenge against a state rule regarding the deletion of electronic pollbook data.
Updated on Oct. 27, 2026 in Law
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A Michigan court has denied a motion to dismiss a lawsuit challenging Rule 168.48, which requires local clerks to delete electronic pollbook data seven days after election certification. The plaintiff argues the rule conflicts with state and federal laws governing record preservation.
Why it matters
The case questions whether current Michigan administrative rules for managing electronic election data align with broader federal requirements for preserving election records. This dispute hinges on the balance between state-level administrative procedures and national standards for election transparency.
Rule 168.48 mandates the deletion of electronic pollbook software and files within seven days after election certification. This is being challenged against federal standards that mandate a 22-month record preservation period for elections.
The players
Michelle McQueer
The plaintiff who filed the lawsuit against the Michigan administrative rule.
Jonathan Brater
The Director who issued a final decision in related HAVA proceedings.
The details
The court rejected claims that the plaintiff failed to exhaust administrative remedies and that the laches doctrine applied to the filing. The ruling allows the lawsuit filed on August 12, 2026, to proceed, finding that the plaintiff was not responsible for delays.
Timeline
October 22, 2025: Plaintiff filed an initial declaratory ruling request.
October 23, 2025: Rule 168.48 went into effect.
July 6, 2026: Plaintiff filed an individual declaratory ruling request.
August 4, 2026: The primary election took place.
August 12, 2026: Plaintiff filed the lawsuit.
Political Context
Opponents of the lawsuit argue that administrative remedies were not fully exhausted and that the legal challenge should have been handled through existing agency proceedings. They maintain that the current rules ensure orderly election management and data security.
The progression of this lawsuit could eventually lead to changes in how long local election data is maintained by clerk offices in Michigan. Voters may see modifications to record-keeping requirements if the court finds the current rule violates state or federal statutes.
The takeaway
This case highlights the ongoing tension between state administrative efficiency and federal mandates for election record transparency. Residents should monitor future court rulings to understand potential changes to how election data is archived in their local jurisdictions.
Further reading
For more information on state election regulations, visit the Law section.
Source note: This article includes information reported by Michigan Lawyers Weekly.
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