Macomb Today

A subpoena issued by Republican-controlled state House and Senate oversight committees for documents from this month's General Election is "unduly burdensome" on the Michigan Bureau of Elections  - and the Bureau shouldn't have to do it, the state's attorney general's office said late Monday.

However, the Bureau is releasing the subpoenaed documents in "the spirit of transparency and cooperation," a letter signed by a division chief in Democrat Attorney General Dana Nessel's office, who chairs of the oversight committees said.

"Because Bureau staff is helping with this time-sensitive work, the Bureau will produce documents on a rolling basis given the need to prioritize its work regarding the November election," said the letter signed by Civil Litigation, Employment and Elections Division Chief Heather S. Meingast. "The Bureau is also reviewing responsive material for information covered by privilege, which is a time-intensive process."

Michigan state Sen. Michael MacDonald (R-Macomb Township) | senatormichaelmacdonald.com/

The Bureau also is mindful of its rights in the matter, the letter said.

"By producing documents responsive to the subpoena, the Bureau does not waive any privilege and preserves all defenses and objections," stated the letter.

The bureau didn't waive any of legal objections when it produced 1,098 pages of the requested documents Monday and "will promptly produce the remaining non-privileged, responsive documents on a rolling basis until production is complete," the letter said.

"The Bureau thanks you in advance for your patience and cooperation as it works to produce the requested documents," the letter concluded.

The Bureau is responding to a subpoena issued Nov. 7 by the Republican controlled committees for documents related to the Nov. 3 General Election.

"The committees' use of its subpoena authority for critical elections materials is meant to ensure we have all the information necessary to provide proper oversight," first term Senate Oversight Committee member and 10th State District Sen. Michael MacDonald (R-Macomb Township) said in a statement after the subpoena was issued. 

"For our democracy to work, the people of Michigan need to be able to trust that our elections are conducted fairly and honestly - and an important part of the trust is having confidence that votes are secure and accurately counted," said MacDonald.  

The subpoena gave the Bureau until 5 p.m. Monday to produce "all documents and communications" related to how the Bureau informed Michigan about their rights to register to vote and vote by mail and how they could register to vote.

The attorney general's office's letter appears to have been issued well after the deadline passed.

"The short timeframe given for the Bureau to reply is 'unduly burdensome, especially considering the important duties the Bureau is currently performing to ensure that Michigan’s election results are timely and properly certified under state law'," the attorney general's office said in a separate statement, also quoting the letter.

Despite the "burden," the Bureau is doing its best to respond to the subpoena "as they review the processes and results of the election, which drew ballots from 5.5 million citizens, more than ever before in Michigan history," said the statement.

The additional work required by the oversight committees is unnecessary, even if it is being done, said Nessel in her office's statement.

"Michigan's elections have been fair and transparent," said Nessel, "It is time to set the politics aside and focus on moving our state and country forward together. We hope the Bureau's response to the Legislature's subpoena today will help do that."