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Michigan election transparency battle heads to court over absentee ballot records

A watchdog group accuses Michigan officials of hiding behind bureaucracy to block access to critical voter records. The court's ruling could reshape FOIA rights.

The image shows a poster with a map of Michigan Territory by Law, with text written on it. The map...
The image shows a poster with a map of Michigan Territory by Law, with text written on it. The map is detailed and shows the various states and territories of the state. The text on the poster provides additional information about the map, such as the names of the states, their borders, and other geographical features.

Michigan election transparency battle heads to court over absentee ballot records

A legal dispute over absentee ballot records in Michigan has reached the Court of Claims. The Michigan Fair Elections Institute (MFEI) is suing the state's Bureau of Elections, claiming it has withheld detailed voter data. The bureau insists it does not hold the requested records and has asked the court to dismiss the case entirely.

The conflict began in October 2023 when MFEI submitted a Freedom of Information Act (FOIA) request for absentee voter information. The group took action after the bureau redesigned a standard report, replacing raw data with summarised versions. Patrice Johnson, MFEI's founder and chairperson, accused the bureau of deliberately misinterpreting the request to avoid transparency.

The bureau has maintained it cannot provide the records because they are not in its possession. Deputy Director of Elections Adam Fracassi confirmed in a sworn statement that local clerks—not the state—hold the absentee voter data. As a result, the Michigan Bureau of Elections (MBE) has asked the court to dismiss the lawsuit with prejudice, which would block MFEI from refiling the case.

MFEI's attorney, Tom Lambert, argues the state is exploiting a technicality by focusing on physical documents rather than the actual information sought. The group has already announced plans to appeal if the court sides with the bureau, stressing the need for government accountability in election processes.

The court's decision will determine whether MFEI can pursue its request for absentee ballot data. If dismissed with prejudice, the group would lose the ability to refile the lawsuit. The outcome could also set a precedent for how FOIA requests involving decentralised records are handled in Michigan.

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