Secretary Benson February 12, 2021 Directive – Ordered Deletion of Electronic Poll Book Software (MI)

On December 1, 2020 – within the federally mandated 22-month record preservation window and in the middle of legislative inquiries into the integrity of the 2020 election – Michigan Bureau of Elections Director Jonathan Brater, acting under Secretary of State Jocelyn Benson, issued a memorandum to all county clerks directing that certain election records “must be deleted” and that “ballots, programs and related materials are released” from security requirements. The directive specifically ordered deletion of electronic pollbook software and associated files. Electronic poll book software files, configuration data, and associated logs are “records and papers” within the meaning of 52 U.S.C. § 20702. No exception or caveat in the federal statute authorizes deletion of software or configuration files. The directive therefore constitutes, on its face, a directive to commit a federal crime.