Michigan Department of State responds to House Oversight Committee subpoenas

The Michigan Department of State (MDOS) responded this week to subpoenas issued by the Michigan House Committee on Oversight, reiterating that the department will continue to protect materials with sensitive information that could be used to interrupt the chain of custody of ballots, tamper with election equipment, or impersonate a clerk on Election Day.

The Michigan Department of Attorney General responded to the subpoenas in a letter on behalf of Secretary of State Jocelyn Benson and MDOS. The response reads in part:
“The Secretary of State firmly believes transparency in the administration of Michigan elections is vitally important. To that end, [M]DOS’s Elections website is replete with information concerning all aspects of the voting process—from registering to vote, to tabulating ballots, to post-election audits, and everything in between. But just as important is protecting the security and integrity of the voting process itself. Releasing material that would reveal security feature information or other sensitive information jeopardizes the process. This is true even if those seeking the information are well-intentioned, because each time sensitive information is released, its potential for intentional or accidental disclosure to those who would misuse it increases.

“We are hopeful that the House Oversight Committee will thoughtfully consider the Secretary’s and [M]DOS’s concerns, including their request to narrow the scope of documents requested, and will expressly confirm that the committee is no longer seeking sensitive information. Even so, the Secretary and [M]DOS are committed to producing all material that can be produced with any appropriate redactions.”

The department’s response raises specific objections to the subpoenas: they are in violation of state statutes and Michigan House Rules, the subpoenaed materials have no legislative purpose to the House Oversight Committee, and the large breadth of the subpoenaed materials presents an unacceptable security risk to Michigan’s elections.

So far, MDOS has produced more than 3,000 pages of documents to the House Oversight Committee.

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