PRESS RELEASE: Michigan Fair Elections Institute Urges JCAR to Reject SOS Rule Set Regulating Pollbooks
- Sep 15
- 3 min read
Updated: Sep 16
FOR IMMEDIATE RELEASE
Stockbridge, MI – September 15, 2025. Michigan Fair Elections Institute (MFEI) is formally submitting opposition to the Michigan Secretary of State’s proposed Rule Set 2025-14 ST to the Joint Committee on Administrative Rules (JCAR), warning that the proposed rules governing pollbooks will undermine election integrity and violate federal and state laws.
The JCAR committee will be hearing public comment on the rule set on Wednesday, September 17, 2025.
MFEI, led by Chair and Founder Patrice Johnson, will be calling for JCAR to reject the rules, which govern electronic pollbook use, due to their potential to destroy critical election evidence and erode transparency.
The proposed rules (R 168.41-48) mandate the deletion of electronic pollbook data seven days after election certification, a provision MFEI says directly violates the federal 22-month retention requirement under 52 USC 20701. This violation could expose Michigan to criminal penalties under 52 USC 20702. The rules also conflict with Michigan’s six-year voter record retention law (MCL 168.811) and exceed the Secretary of State’s authority under MCL 168.31(1)(a), which limits the office to procedural rulemaking.
“These rules jeopardize the transparency and accountability essential to Michigan’s elections,” said Johnson. “By destroying electronic records within days, they eliminate evidence needed to detect fraud or system errors, putting our elections at risk.”
MFEI’s opposition highlights additional violations, including unauthorized Freedom of Information Act (FOIA) exemptions under Rule 2 (R 168.42), which lack legislative backing and violate MCL 15.243. The rules also breach the Administrative Procedures Act (APA) due to inadequate public engagement, with a July 15, 2025, hearing attracting no attendees, suggesting insufficient public notice.
Constitutionally, MFEI is arguing the rules violate Michigan’s separation of powers (Article III, Section 2) and transparency protections (Article II, Section 4) by usurping legislative authority and enabling data destruction.
From an auditing perspective, CPA Jeff Schaeper emphasized the critical role of electronic records: “They provide traceability, allowing auditors to recreate election transactions. Destroying this data forces auditors to rely on incomplete paper records, undermining proper oversight.” MFEI cites a St. Clair Shores case where electronic keystroke records enabled Attorney General Dana Nessel to prosecute election fraud, underscoring the importance of preserving such data.
Michigan’s election challenges, including documented ballot-voter discrepancies (104,137 in 2020 and 70,713 in 2022), further highlight the need for robust electronic audit trails. MFEI argues that the rules’ data deletion mandates could obscure fraud and system glitches while increasing reliance on costly paper storage, despite electronic storage being more economical.
The group also notes deficiencies in a recent Election Assistance Commission audit, which focused on financial compliance but ignored data retention mandates, reinforcing the need for JCAR’s oversight. MFEI urges JCAR to:
Reject Rule Set 2025-14 ST in its entirety.
Request legislative review of election record retention changes.
Ensure compliance with federal 22-month retention mandates.
Protect transparency by rejecting unauthorized FOIA exemptions.
Preserve local clerk authority in election data management.
Demand robust public processes for future rulemaking.
MFEI has provided extensive documentation, including an 83-page election integrity analysis and voter roll statistics. The group warns that failure to reject these rules could invite federal penalties, DOJ enforcement, and court intervention.
“Michigan’s election integrity depends on preserving evidence and transparency,” Johnson concluded. “We urge JCAR to act decisively to protect our elections.”
Contact:
Melanie Nivelt, Michigan Fair Elections Institute
Phone: 248-425-8896
Email: melanie@mifairelections.org
Website: www.mifairelections.org
Other Info of Relevance:
Committee(s)
Joint Committee on Administrative Rules
Chair
Sen. Paul Wojno
Clerk
Hazel Crawley, hrcrawley@house.mi.gov
Clerk Phone
517-373-5671
Location
Room 521 House Office Building , Lansing , Mi
Date
Wednesday 09/17/2025
Time
09:00 AM
Agenda
JCAR No. 25-49 (MOAHR No. 2025-014 ST) Department of State—Bureau of Elections—Use of Electronic Pollbook JCAR No. 25-57 (MOAHR No. 2025-006 ST) Department of State—Bureau of Vehicles & Watercraft—Michigan Personalized Plate Rules.
And any other business properly before the committee.
About MFEI
The Michigan Fair Elections Institute is dedicated to ensuring transparent, secure, and fair elections in Michigan through advocacy, research, and public engagement.
