Elections: other; retention of electronic poll book flash drives; require. Amends sec. 811 of 1954 PA 116 (MCL 168.811).

2025-2026 Regular Session Introduced by Ken Borton and 8 co-sponsors

Michigan HB 5845 would require EPB flash drives from elections to be preserved for 22 months after the election, then may be destroyed.

REFERRED TO COMMITTEE ON ELECTIONS AND ETHICS

#elections:other #records:election

Purpose of the bill

HB 5845 seeks to amend Michigan Election Law to change how electronic poll book (EPB) flash drives are handled after an election.

The core change is to require that EPB flash drives used in any primary or election be carefully preserved for a minimum period of 22 months after the election, after which they may be destroyed (voluntary, not mandatory).

Key provisions and changes

Amends Section 811 of 1954 PA 116 (Michigan Election Law, as amended by 2023 PA 86) to address retention of EPB flash drives.

Specific retention timeline:

EPB flash drives used in any primary or election must be carefully preserved.
They may be destroyed after 22 months following the relevant election.

Current language retained for other records in Section 811 remains unchanged:

Election returns, poll lists, tally sheets, absent voter envelopes/records, and related materials have prescribed retention periods (generally 22 months for many items; longer retention for certain applications/registrations).
Ballots (with exceptions) retention remains governed by existing rules, with 22 months for federal-office ballots and presidential primary ballot selection forms, and 30 days (after final canvass) for most other ballots, subject to recount petitions or court stays.

Who/what would be affected

Election officials and polling locations in Michigan, who handle and store EPB flash drives during elections.

State and local election jurisdictions responsible for managing EPB hardware and post-election custody, storage, and destruction timelines.

Indirectly, voters and campaigns may be affected to the extent retention policies influence post-election audits, recounts, or verification processes that rely on EPB data.

Procedural and timeline aspects

Effective date: The bill was introduced on April 22, 2026, and referred to the Committee on Election Integrity.

If enacted, the retention requirement would apply to EPB flash drives used in ongoing or future elections, with destruction permissible after 22 months post-election.

The bill’s fiscal note indicates no anticipated fiscal impact on the state or local governments.

Observations for stakeholders

The change emphasizes extended preservation of EPB flash drives, which could support post-election testing, audits, or investigations beyond a shorter destruction window.

The 22-month retention aligns EPB data retention with other long-term election materials in Michigan’s statute, though it remains protective-only (destruction is not mandatory until after 22 months).

Jurisdictional practices and data security considerations will be important, given the sensitivity of EPB data and potential handling during the retention period.

If you’d like, I can provide a side-by-side comparison with current retention rules for EPB devices and related materials, or prepare a brief FAQ for election administrators.

Bill