The Republican National Committee (RNC) has initiated legal action against the Detroit Department of Elections concerning the removal of surveillance video from absentee ballot drop boxes during the August primaries, a move that coincided with a pending Freedom of Information Act (FOIA) request for that footage. RNC Chairman Michael Whatley has denounced the deletion, asserting it is “an assault on transparency,” which he believes undermines public trust in the electoral process.
Michigan regulations stipulate that surveillance videos from ballot drop boxes must be preserved for a minimum of 30 days following their creation. Furthermore, ballot drop box logs and security records are required to be maintained for two years after elections. The RNC filed its FOIA request on August 21, seeking video evidence from August 7 and 8 at a drop box located at Wayne Community College, along with documents detailing the drop box’s installation and security attributes.
Detroit officials had requested an additional 10-day extension to respond to the RNC’s request, stating that they would provide a reply by September 12. However, on September 16, city representatives informed the RNC that the requested footage had been deleted, as it was no longer accessible after the 30-day retention period had elapsed.
The RNC’s lawsuit claims that the Detroit Department of Elections breached FOIA regulations by discarding the surveillance footage after the request was submitted. This deletion, according to the lawsuit, is characterized as arbitrary and capricious due to the city’s delay in responding to the request by over 26 days. Legal precedents in Michigan clarify that public bodies are prohibited from destroying records to evade FOIA requests once a request has been lodged.
The complaint seeks both financial damages and preventative measures against the city for this deletion, particularly as the lost footage cannot be recovered. RNC officials maintain that the integrity of the electoral process is jeopardized by such actions.
Michael Whatley emphasized the importance of transparency in elections, remarking that the deletion of the surveillance footage amidst an active FOIA request is a serious breach of public trust. He stated, “This disregard for established protocols is exactly what diminishes confidence in our electoral systems.”
Michigan law requires public organizations to keep certain records intact until they are either approved for release or the set retention period has expired, underscoring the importance of safeguarding public access to election-related materials. The RNC’s push for accountability highlights ongoing concerns among conservatives regarding election security and integrity.
Also relevant is the RNC’s broader legal strategy in Michigan. Earlier this year, the committee filed a separate lawsuit against Detroit city officials over what they characterized as inadequate staffing of Republican poll workers, further demonstrating their commitment to scrutinizing the electoral process.
In this latest lawsuit, the RNC is seeking both compensation for the deleted footage and exclusive rights to future governance of such information to ensure similar breaches do not occur. The implications of this case could extend beyond Detroit, provoking discussions on election integrity and public accountability throughout Michigan and the nation at large.
Sources:
https://www.cbsnews.com/detroit/news/rnc-lawsuit-detroit-deleting-drop-box-surveillance-footage/
GOP sues Detroit for alleged FOIA, deleting ballot drop box video footage
https://www.cbsnews.com/detroit/news/rnc-lawsuit-detroit-deleting-drop-box-surveillance-footage/
