(The Republican National Committee has filed another lawsuit against the City of Detroit Department of Elections, this time for deleting absentee ballot drop box video surveillance from the August primaries while a FOIA request for the footage was pending.
“Deleting drop box surveillance footage while there is a pending FOIA request for it is an assault on transparency,” RNC Chairman Michael Whatley said. “This breach of trust is exactly what reduces confidence in our elections. We will hold Detroit accountable, as this secrecy has no place in a fair and secure election–Michiganders deserve far better.”
According to local and state laws, drop box video surveillance records must be stored for 30 days after the record is created, and ballot drop box logs and security records must be kept for two years after the election is held.
On Aug. 21, the RNC filed a FOIA request for surveillance footage from Aug. 7 and 8 of an absent voter ballot drop box on Wayne Community College campus, plus records detailing when the drop box was installed and other security measures.
The city immediately requested 10 extra days to produce the footage, promising to issue a response by Sept. 12. On Sept. 16, the city issued an electronic response to the FOIA request, notifying the plaintiffs that the requested video footage was no longer available since 30 days had passed since the August primary elections.
“The Department of Elections has violated the FOIA by deleting the video surveillance records…after receiving the Request well before the date on which the Department of Elections was legally permitted to destroy the records,” the lawsuit reads, adding the department also “acted arbitrarily and capriciously” by delaying to address the RNC’s request for 26 days.
The Michigan Court of Claims has ruled in multiple cases that “a public body cannot avoid disclosure of a record by destroying that record after it receives a FOIA request,” because “If public bodies were free to dispose of requested records during this time, a claimant’s right to disclosure under FOIA would not be adequately safeguarded.”
Since the footage has been taped over and cannot be retrieved, the lawsuit requests monetary and injunctive relief.
