BREAKING NEWS: Michigan Fair Elections Institute Sues Genesee County Clerk

Genesee County clerk's denial of Freedom of Information Act Request.

By Kristine Christlieb, MFEI News and Commentary Editor

August 5, 2025

Michigan Fair Elections Institute (MFEI) is suing Michigan's Genesee County Clerk for denying a routine Freedom of Information Act request for election data.

Filed on Monday, August 4, in the 7th Circuit Court for Genesee County, the suit alleges MFEI submitted a valid request for data related to the county's May 6, 2024, special election but the county wrongfully denied the request.

On June 13, a data expert from MFEI requested "a complete 'List of Voters' from your . . . county for the May 6th, 2025 Special Election" from all 83 Michigan counties.

MFEI explained the purpose of the request, stating:

It is our goal to compare the statewide list from the BOE [Bureau of Elections] to the list provided by each county. Both lists should match if an accurate list of voters from the May election is provided from our QVF system. We will also be using the "Statement of Votes Cast" county report for validation purposes."

MFEI went on to specify the headers for which data was being requested: voter identification number, county, jurisdiction, precinct, election date, and is an absentee voter.

Genesee County responded on June 17, saying "voter ID" and "is absentee voter" would be redacted and the county asked if MFEI would still wish to proceed with the request.

Through additional email correspondence, MFEI learned the Bureau of Elections, in a June 16 statewide memo to all 83 county clerks as well as all deputy clerks and FOIA specialists, urged these county election officials not to disclose method of voting, that is, whether the ballot was cast in person or absentee.

Deputy Director of Elections Adam Fracassi, the memo's author, claimed "reporting on an individual's method of voting fails to ensure Michigan's constitutional guarantee of a secret ballot."

On June 25, the Genesee County's FOIA specialist denied the MFEI FOIA request in its entirety.

"Michigan is blessed to have a highly decentralized elections system, so a clerk's boss consists of the citizens who elected or appointed them. Their job is to follow state and federal law, and the secretary of state and its Bureau of Elections have very little authority over them," explained MFEI Founder and Chair Patrice Johnson. "Unfortunately, many Michigan election officials feel compelled to comply with a BOE memo, and they may not realize they are violating federal law." Under the U.S. Freedom of Information Act, a FOIA request is an essential tool for citizens to monitor and hold government accountable.

In the county's denial, the FOIA specialist claimed it did not possess the records requested, but then it also claimed the records could be obtained via an in-person request at the clerk's office for a fee of $31.00.

The lawsuit notes, "Defendant Genesee County Clerk provided no other basis for the denial and did not invoke any exemptions from FOIA."

Subsequent to the FOIA request, Genesee County has provided none of the requested records.

Count 1 of the suit is Wrongful Denial of the FOIA request per MCL 15.240. The suit argues:

• MFEI sent a valid FOIA request.

• The county possesses or has access to the requested data.

• The requested records are not exempt from FOIA request.

• The Genesee County Clerk acted arbitrarily and capriciously in its denial.

• The Genesee County Clerk acted intentionally or otherwise in bad faith.

If MFEI prevails, Genesee County will have to supply the requested records, pay attorney fees, costs, and disbursements, and will be subject to punitive damages and other civil fines.

"Our request for information has the potential to help Michigan clerks confirm the validity of their election results," said Johnson. "That's why our FOIA requests are so important. Our backup auditing of results can build trust in the system or identify areas for improvement. Either way, it is a win-win for Michigan voters."

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