Michigan’s elections are meant to be administered locally. The local responsibility for local elections is one of the greatest strengths of our system. It’s also why we must make sure those clerks have clear, consistent rules for preserving the records that are entrusted to them. 

That’s why the Michigan Senate must take up and pass House Bill 5845. 

HB 5845 is straightforward: electronic poll book flash drives used in an election should be carefully preserved for 22 months. This keeps our state law in line with federal requirements, which require every election officer to keep all records for this amount of time. The bill passed the House in June with bipartisan support. The Senate has yet to take any action. 

Election records belong to the people, regardless of which party wins or loses. There is a very basic principle at stake here: when evidence is created as part of an election, it must be carefully preserved by all official parties involved. 

Federal law clearly establishes this requirement. Under 52 U.S.C. § 20701, every election officer must retain and preserve, for 22 months following a federal election, records and papers that come into the officer’s possession relating to acts requisite to voting. Willful failure to comply can carry criminal penalties. 

Records of all election-related proceedings are crucial. They may be needed to solve disputes, conduct audits, or respond to lawful inquiries. 

Michigan’s current Bureau of Elections, however, believes they are above the law. 

In their Rule 168.48, the Bureau of Elections requires electronic poll book software and associated files to be deleted from devices by the seventh day following the final canvass and certification, subject to limited exceptions. The rule took effect in October 2025. 

Think about what that means. A record generated during the administration of an election can be gone within days. That is completely backwards and obviously illegal. 

If the information on an electronic poll book flash drive is important enough to use in administering an election, it should be important enough to preserve while election-related questions can still be raised and resolved. 

HB 5845 fixes this: it pre-empts the Bureau of Elections rule, and requires clerks to preserve the flash drive data for 22 months. It does not require that the information be made public indiscriminately. It does not eliminate reasonable security protections. It simply says that election evidence should not be destroyed before the legally relevant retention period has expired. 

The conflict here has already led to litigation. Bridgewater Township Clerk Michelle McQueer has challenged Rule 168.48 in court, specifically the rule’s requirement that electronic poll book data be deleted. That dispute puts a fundamental question before the courts: is the Michigan Bureau of Elections above the law? 

The Legislature should not leave local clerks caught in the middle of that uncertainty. Our clerks need clear statutory direction. Voters deserve confidence that the records underlying their elections will still exist when legitimate questions arise. And the Legislature, not an administrative rule adopted by the Bureau of Elections, should establish the basic requirements for preserving election evidence. 

HB 5845 provides that clarity, which is why the Senate should take action immediately.