BENSON ORDERED CLERKS TO DELETE ELECTION RECORDS. A CLERK SUED. BENSON ASKED A JUDGE TO THROW IT OUT.
TODAY HE SAID NO. ON EVERY GROUND.
THE CASE IN 30 SECONDS
The electronic poll book is the laptop record of everyone who checked in to vote at your precinct.
Michigan Secretary of State Jocelyn Benson's new state rule says clerks must DELETE it 7 days after the election is certified.
Federal law says KEEP it 22 months. Destroying it early is a FEDERAL CRIME.
My client, Bridgewater Township Clerk Michelle McQueer, asked the State which law to follow.
ELEVEN MONTHS. NO ANSWER. So she sued.
WHAT HAPPENED TODAY:
- The Court of Claims denied the State's motion to dismiss. COMPLETELY.
- The State said she waited too long. DENIED. The court: it "cannot fault plaintiff for waiting." The power to answer her "was completely in their hands." (pp 19, 21)
- The State said she skipped the process. DENIED. The court: it "will not support defendants delaying in resolving the administrative proceedings and then fault plaintiff for filing suit." (p 19)
- The State said a clerk can't bring this case in any court. DENIED. The court: she sued "to ensure that she ... complies with state and federal law and therefore will not be criminally charged." That's not the kind of case the State's cases are about. (pp 21-22)
- And the order protecting her records STAYS IN PLACE.
WHAT THE JUDGE WROTE:
The State said criminal liability is "speculative" because DOJ hasn't prosecuted anyone yet. The judge, in Footnote 3:
"The Court finds this contention to be quite remarkable and reckless."
And Footnote 5:
"Plaintiff's suit also could derivatively save the SOS from being criminally charged federally."
READ THAT ONE TWICE.
FROM THE HEARING, SEPTEMBER 16:
- To the State's lawyer, first sentence: "Off the top, you lose on the laches." (p 5)
- When Benson's lawyer argued the burden on the State: "You're arguing practicalities. But you know what? I have to comply with the law. I have to follow the law." (p 11)
- On calling out the State's specious claim that a clerk can't bring this case: "I'm with you on that. You're right." (p 16)
- The State's own lawyer, on the record: "You're not going to hear a merits argument from me." (p 11)
WHAT'S NEXT:
The State now has to defend the rule on the merits, which it has AVOIDED SINCE THE START. Benson's lawyers promised in court to issue rulings on her requests within two weeks. Once those land, both sides file, and the judge decides whether a state rule can order clerks to delete what federal law says to keep.
ONE CLERK. TWO LAWS. A JUDGE WHO READS AND CARES ABOUT THE LAW.
Full opinion (Sept22): https://t.co/J1HQ0uD2G3
Hearing transcript (Sept 16): https://t.co/WfRBtYoX7Y
Let's make Michigan safe, normal, and responsible again! 🇺🇸
@MIGOP@MI_Republicans@Th_Midwesterner@MINewsSource@stevegrubershow@MrJustinBarclay@JonathanTurley@RobGouveiaEsq@downi75@Mike_Cox@MrAustinPredict@gatewaypundit@honestpollster@mifairelections@dcexaminer@MZHemingway@jsolomonReports
🚨 COURTROOM SHOCKED: JUDGE FLAGS LEGAL JEOPARDY FOR BENSON
What happened in a Michigan Court of Claims courtroom this week deserves attention.
During a 35-minute hearing over Michigan’s seven-day electronic poll book deletion rule, Judge Michael Riordan questioned the State’s arguments and raised the possibility of criminal prosecution for officials if federal election-record retention requirements are violated.
At one point, Riordan told the State’s attorney: “And you know who else could be prosecuted? Your boss.”
He then clarified that the Secretary of State could potentially be the defendant and asked the State how it would respond.
The case stems from Bridgewater Township Clerk Michelle McQueer’s challenge to a Michigan rule requiring electronic poll book records to be deleted within seven days, while federal law requires certain federal-election records to be preserved for 22 months. The Court of Claims previously ordered the records at issue preserved while the case proceeds. Judge Riordan has not yet ruled.
So what happened inside that courtroom? And what could it mean for Michigan clerks and election records?
👇 READ THE FULL ARTICLE:
https://t.co/r81U35W3wa
@CanadaTrumpet@CeaddaOfBreifne@MikeWingerii I think you've potentially hit on something. I think Winger is a good teacher, but I've had to ask him for evidence on at least one of his claims, so that's going to be an ongoing thing for me to watch whenever I read his posts.
@jsolomonReports Stop with the military presence all over the world. Americans don't want it. We can't afford it. And, most importantly, this administration is not worthy to lead the world. We have lost our way. It is frightening to watch.
"Trump said, 'My question is, if and when do I blow the entire nation up?'" This must end! This talk, by an American President, about blowing up an entire nation. These are not American values. He no longer represents American values.
BREAKING: President Trump told Fox News Chief Foreign Correspondent @TreyYingst that he is in a “deciding mode” and "very big things" are going to happen in the near future regarding the US-Iran war.
Trump said, "My question is, if and when do I blow the entire nation up? They better behave."
Trump also said he's "open" to meeting with Iran's president after Tehran sent a list of war-ending demands. | @foxandfriends
Stay up to date with the latest headlines and breaking news — download the FOX News app: https://t.co/ISpW9Fc0R3
@MeshawnMaddock I don't think I'll ever go back to Europe. I haven't been to France since 2019, at first, because of Covid, then because of politics. You couldn't pay me to go to London.
MARK BREWER: MICHIGAN’S VERY OWN MARC ELIAS?
Every state has election lawyers who repeatedly appear in high stakes election litigation. In Michigan, one name that has been prominent for decades is Mark Brewer.
A former Michigan Democratic Party chair, Brewer has built a career around election law, campaign finance, ballot access and political litigation. He has represented Democratic aligned organizations and candidates in major election cases dating back decades.
And in 2026, Brewer has been deeply involved in the fight over the Americans for Citizen Voting-Michigan (ACVM) ballot initiative. He represented Promote MI Vote, the group opposing the proposal and argued before the Michigan Board of State Canvassers.
He is also legal counsel for Jocelyn Benson’s gubernatorial campaign, according to Michigan Department of State records.
Then there’s the history.
Brewer served as chair of the Michigan Democratic Party from 1995 to 2013 and later developed an election-law practice at Goodman Acker.
His name has appeared alongside Mary Ellen Gurewitz in litigation over Michigan’s straight-ticket voting law. Gurewitz is now a Democratic member and vice-chair of the Michigan Board of State Canvassers, the same board that deadlocked 2-2 over the ACVM petition in August.
So why compare Brewer to Marc Elias?
The article examines the similarities and the differences between two lawyers who have become prominent figures in Democratic-aligned election litigation.
Elias operates nationally through the Elias Law Group and Democracy Docket. Brewer’s work is much more Michigan-focused and does not have comparable national infrastructure.
But the question remains:
Who are the lawyers behind the biggest election-law battles and what networks and relationships surround them?
Our new article takes a closer look at Mark Brewer’s decades-long role in Michigan election politics, his legal work, his connections and his involvement in the ACVM fight.
🔗 Read the full article: https://t.co/bR7I2gKK74
Well, no real surprises in this response: no, no, and no. We'll see what Kavanaugh says. And what about the MI Supreme Court -- are they on a three-martini lunch break or what?
🚨 DANA NESSEL ASKS U.S. SUPREME COURT TO DENY ACVM’S EMERGENCY REQUEST
Michigan Attorney General Dana Nessel, representing Secretary of State Jocelyn Benson and the state, has filed a response asking the U.S. Supreme Court to deny Americans for Citizen Voting Michigan’s emergency applicationseeking to place the Citizen Only Voting Amendment on Michigan’s November ballot.
⏰ The filing states: “NEED RESOLUTION BY SEPTEMBER 4, 2026.”
📄 Read the full response from the State of Michigan: https://t.co/uGJ1DNM7mF
The fight over whether more than 700,000 Michigan voters will have the opportunity to vote on the Citizen Only Voting Amendment is now before the U.S. Supreme Court.
Jocelyn Benson said there was “no evidence” that non-citizens were voting.
Then Michigan news reported that the Attorney General charged individuals in cases involving alleged non-citizen voting.
Michigan voters deserve clear answers: What did election officials know? When did they know it? Michigan citizens deserve accuracy, transparency and accountability.
Every eligible citizen should be able to vote and every ineligible vote should be taken seriously.
@MikeWingerii@MikeWingerii So you are reposting Basil the Great who doesn't provide a link to the article from which he is quoting. Were you able check to make sure the quote was accurate as presented?
@mifairelections That's right. In a spirit of reciprocity, there some be some play back and forth between the two sides, but the "give" seems to be all one-sided. An analysis of the transcript will reveal which side was open and which side was not.
On Michigan’s Board of State Canvassers, Chair Richard Houskamp and member Paul Cordes have crossed party lines to accept the Bureau of Elections’ signature verification calls and align with Vice Chair Mary Ellen Gurewitz and member Heather Cummings. Yet the same openness has not been returned. When the two Republican members have sought common ground, Gurewitz and Cummings have held firm to their position.
A four member board works best when every member prioritizes process over party. True nonpartisanship requires reciprocity.