Detroit

Whitmer, Nessel Tell Feds To Back Off Wayne County Ballots

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Published on April 20, 2026
Whitmer, Nessel Tell Feds To Back Off Wayne County BallotsSource: City of Detroit, Public domain, via Wikimedia Commons

Michigan’s top Democrats have slammed the brakes on a Justice Department push to scoop up Wayne County ballots from the 2024 election, blasting the move as baseless and an improper federal intrusion into how the state runs its elections. State leaders say they will not comply and are ready to defend Michigan’s procedures in court if it comes to that.

DOJ demand, in brief

Last Tuesday, the Justice Department’s Civil Rights Division sent a letter to Wayne County’s elections director demanding “all ballots (including absentee and provisional), ballot receipts, and ballot envelopes” from the 2024 vote and warning it could seek a court order if the records were not handed over. The letter, signed by Assistant Attorney General Harmeet K. Dhillon, cited federal civil rights statutes as its authority, according to Democracy Docket.

Legal basis cited by DOJ

The demand relies on the Civil Rights Act of 1960, a law that, among other things, governs the retention of election records. The Justice Department’s letter went after material that election officials often treat as especially sensitive, including ballot envelopes and receipts that can be closely linked to individual voters. According to the Justice Department’s Civil Rights Division, the division has renewed its focus on voting-related matters under Dhillon’s leadership.

Michigan leaders push back

Michigan Attorney General Dana Nessel and Secretary of State Jocelyn Benson fired back on April 17, telling the department that Dhillon’s demand was “premised on rejected claims and stale allegations” and that Michigan would not comply. Gov. Gretchen Whitmer also condemned the request, calling it a thinly veiled attempt to sow doubt about the state’s elections, according to letters and statements summarized by Democracy Docket.

Context: part of a broader push

The Wayne County letter is the latest in a series of federal efforts to pry loose state election data and records. The Associated Press has reported that the Justice Department has sued scores of states to obtain voter registration lists, while The Guardian detailed the FBI’s January seizure of hundreds of boxes of 2020 election records from the Fulton County, Georgia, elections office. Those moves have set off alarms among state officials and voting-rights advocates who see a growing clash over who controls election data.

Legal questions ahead

Michigan has already scored one win against the department. On Feb. 10, a federal judge dismissed a DOJ lawsuit that sought the state’s unredacted voter list, ruling that the statutes cited by the department did not require Michigan to turn over the data. The Michigan Attorney General’s office cast that decision as a clear vindication of voter privacy and state authority, according to a state press release.

What comes next

If Wayne County refuses to surrender the requested ballots and related materials, the Justice Department could sue or ask a court to compel production, setting up another high-stakes legal showdown over federal power, voter privacy and day-to-day election administration. Any case would likely move quickly and, as The Associated Press has noted, could shape how far federal agencies are able to push for state election records ahead of the 2026 midterms.