In an opinion that voting rights advocates are celebrating as a victory for election transparency, Michigan Attorney General Mike Cox has stated that voted ballots are public documents subject to disclosure under the Freedom of Information Act.
“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,” Cox wrote in a May 13 opinion issued in response to questions by State Sen. Patty Birkholz (R-Saugatuck Township).
The Michigan Election Reform Alliance has attempted to manually audit some Michigan elections but has been prevented from reviewing voted ballots in Allegan County.
In a statement Jan BenDor of the Michigan Election Reform Alliance called Cox’s opinion an “historic result of MERA’s work to conduct citizen vote count audits in Allegan County and elsewhere in Michigan.”
“Most of our FOIAs had been denied,” she said, “even after appeal to the local jurisdiction legislative body.”