URGENT: JCAR Hearing Tomorrow on Rule Destroying Election Evidence
- Pure Integrity Michigan Elections
- Sep 9
- 4 min read
September 10, 2025 - Critical Federal Law Violation Under Review
Tomorrow’s Joint Committee on Administrative Rules (JCAR) hearing will review Secretary of State Jocelyn Benson’s Rule Set 2025-14 ST, which mandates systematic destruction of electronic pollbook data in direct violation of federal law. Recent patterns of member absences threaten to allow this rule to take effect automatically, without proper legislative oversight.
The Federal Crime in Question
Rule Set 2025-14 ST, specifically Rule 8 (R 168.48), requires that “electronic pollbook software and associated files must be deleted from all devices by the seventh day following the final canvass and certification of the election.”
This mandate directly violates federal law requiring 22-month retention of all election records (52 USC 20701). Willful destruction of federal election records carries criminal penalties under 52 USC 20702.
Multiple Legal Violations
The rule creates cascading violations across multiple legal frameworks:
Federal Law Conflicts:
Record Retention Violation: 7 days vs. federally required 22 months
NVRA Compliance: Eliminates data needed for voter roll maintenance
HAVA Audit Requirements: Prevents federally mandated election audits
State Law Conflicts:
Michigan Retention Law: Violates MCL 168.811 requiring 6-year retention
Unauthorized FOIA Exemption: Rule 2 creates cybersecurity exemptions beyond MCL 15.243 authority
Constitutional Violations:
Separation of Powers: Exceeds Secretary of State’s administrative authority
Federal Supremacy: State rules cannot override federal election laws
Why This Matters Now
Michigan faces ongoing election integrity challenges with an estimated 800,000 potentially ineligible voter registrations and previous ballot-voter discrepancies (104,137 excess ballots in 2020, 70,713 in 2022). Destroying the electronic pollbook data that could help resolve these issues serves no legitimate administrative purpose while creating serious legal jeopardy.
The rule eliminates evidence necessary for:
Post-election audits required by federal law
Investigation of registration irregularities
Verification of voter roll accuracy
Federal oversight and compliance monitoring
The Attendance Crisis
JCAR cannot act without a quorum. If insufficient members attend tomorrow’s hearing, the committee cannot formally object to this rule. After 15 legislative session days without JCAR action, the rule automatically takes effect—regardless of its clear violations of federal law.
This procedural reality places enormous responsibility on all JCAR members, particularly Democratic members who have historically had attendance challenges, to fulfill their constitutional oversight duties.
JCAR Members - Contact Information
State Representatives:
Representative Douglas C. Wozniak (Chair) (R)
Phone: (517) 373-0832 | Email: DouglasWozniak@house.mi.gov
Representative Gina Johnsen (R)
Phone: (517) 373-1796 | Email: GinaJohnsen@house.mi.gov
Representative Jennifer Wortz (R)
Phone: (517) 373-1788
Representative Alabas Farhat (D)
Phone: (517) 373-0144 | Email: AlabasFarhat@house.mi.gov
Representative Brenda Carter (D)
Phone: (517) 373-2577 | Email: BrendaCarter@house.mi.gov
State Senators:
Senator Paul Wojno (Alternate Chair) (D)
Phone: (517) 373-8360 | Email: SenPWojno@senate.michigan.gov
Senator Rosemary Bayer (D)
Phone: (517) 373-2417 | Email: SenRBayer@senate.michigan.gov
Senator Mallory McMorrow (D)
Phone: (517) 373-2523 | Email: SenMMcMorrow@senate.michigan.gov
Senator Lana Theis (R)
Phone: (517) 373-2420 | Email: SenLTheis@senate.michigan.gov
Senator Jim Runestad (R)
Phone: (517) 373-21758 | Email: SenJRunestad@senate.michigan.gov
Contact All Democratic JCAR Members:
AlabasFarhat@house.mi.gov, BrendaCarter@house.mi.gov, SenPWojno@senate.michigan.gov, SenRBayer@senate.michigan.gov, SenMMcMorrow@senate.michigan.gov
Beyond Party Politics
This issue transcends partisan concerns. No legislator should support rules that:
Violate federal law with potential criminal penalties
Destroy evidence needed for election integrity
Exceed executive authority without legislative approval
Create legal liability for the state
The rule’s systematic destruction of election evidence serves no legitimate purpose while exposing Michigan to federal enforcement action and litigation.
Immediate Action Required
Contact JCAR members and demand they fulfill their basic legislative duties by attending tomorrow’s hearing. Key message: “Show up and do your job. Even though JCAR can only send rules back for revision, your constitutional oversight role requires you to actually show up and debate rules that violate federal law. Your absence enables automatic implementation of illegal rules.”
Democratic members must stop using procedural avoidance to enable executive overreach. When a rule clearly violates federal law with potential criminal penalties, legislators have a duty to show up and create a public record of opposition, even if they cannot permanently block implementation.
Federal Enforcement Risk
Michigan risks:
Federal litigation under record retention statutes
Loss of federal election funding for non-compliance
Department of Justice investigation of systematic evidence destruction
Criminal penalties for willful violation of federal election laws
What’s at Stake
Tomorrow represents the final opportunity to prevent systematic destruction of election evidence through legislative oversight. The rule has already completed its administrative process with no informed opposition, making JCAR’s review the last check against automatic implementation of rules that violate federal law.
Without legislative intervention, Michigan will implement a rule that federal courts will likely invalidate while potentially triggering federal enforcement action. The systematic destruction of election evidence serves no legitimate purpose while exposing Michigan to criminal penalties under federal election laws.
Michigan cannot afford to implement rules that violate federal law and destroy election evidence—but only legislative oversight can prevent this outcome.
Hearing Details:
Date: September 10, 2025
Location: Anderson House Office Building, 124 North Capitol Avenue, Lansing, MI 48933
Status: The hearing will proceed regardless of attendance, but legislative action requires member participation
Citizens may attend or submit written comments opposing the rule. Written comments need to be received by 10:30 AM, Sept 10, 2025. Submit written comments to the Committee Clerk at hcrawley@house.mi.gov.