Ballots Called “Public Documents” in Michigan

The Attorney General of Michigan has ruled that voted paper ballots can be obtained by the public under Michigan freedom of information laws.

A person must be allowed to inspect or examine voted ballots, which are not traceable to the individual voter, and to receive copies of the ballots upon request subject to reasonable restrictions prescribed by the Secretary of State. The public body may charge a fee for the copying of the voted ballots . . . .

The ballots cannot be so accessed until 30 days after the election has been certified. By that time all recounts will have been finished. Only people who want to audit voting machines as a routine practice are likely to be interested in exercising this right. Such an inspection would not overturn the results of a race even if problems were found with the official tally of votes.

The Code of Iowa lists many documents that are exempt from Iowa’s freedom of information statute, but ballots are not mentioned at all. Four years ago the mis-managed voting machines in Pottawattamie County led to a FOIA request, but no ballots were requested. The chance that you may win the right to inspect old ballots still in the hands of your county auditor has just gone up, thanks to the Michigan ruling.

hat tip/Jan BenDor

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