In this Oct. 16, 2020, file photo, a ballot drop box is shown where voters can drop off absentee ballots instead of using the mail in Detroit. (AP Photo/Carlos Osorio).
The Republican National Committee this week filed a lawsuit against the City of Detroit Department of Elections, claiming officials from Michigan’s largest city violated the Freedom of Information Act (FOIA) by deleting surveillance video from a voting drop box location. But Detroit officials fired back, saying the suit is “designed to cause embarrassment and to undermine faith in our ability to run a problem free election.”
Lawyers for the RNC say Kent County resident Jonathan Koch filed a FOIA with Detroit on Aug. 20, requesting surveillance footage from a drop box location after “being alerted to a potential election integrity concern during the primary election,” a press release said. It did not specify the concern, but said it occurred Aug. 8. City officials acknowledged receipt of the request the next day. But on Sept. 16, the city said it had no records related to the request because the video had been “automatically” deleted after 30 days.
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In the lawsuit, the RNC says Detroit violated Michigan FOIA laws by not preserving and producing the video since it had yet to be deleted at the time of the request.
“Deleting drop box surveillance footage while there is a pending FOIA request for it is an assault on transparency,” RNC Chairman Michael Whatley said in a statement. “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.”
The lawsuit says per Michigan law a government agency “shall protect public records from loss, unauthorized alteration, mutilation, or destruction.” It accused the Department of Elections of acting “arbitrarily and capriciously” by delaying its response to the request so the video would be deleted by the time the FOIA was fulfilled.
There is a “real and imminent” threat of “irreparable injury” could occur if more surveillance videos from drop boxes will be destroyed despite a “timely FOIA request.” The lawsuit asks a judge to issue a writ of mandamus, which is a court order that requires government officials to properly fulfill their official duties. It also requests the judge issue an order saying Detroit violated FOIA laws.
But city officials say the lawsuit is hogwash. It released the following statement to local media outlets:
Our own failure to respond to the FOIA in a timely manner gave the RNC the opportunity to file a frivolous lawsuit. The filing is designed to cause embarrassment and to undermine faith in our ability to run a problem free election. I guarantee you there was no nefarious activity at the locations where video tapes were requested.
That said here is what I would say The City of Detroit receives almost 9,000 FOIA request each year. We work to comply with each request and in this case informed the requestor we would need more time. By the time we found the video it had been reused and the requested footage was not available. We work every day to improve our processes, and our goal remains to preserve all data according to the policy.
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