Attorney General Issues Opinion on Election Audits

Liz Gullett

Aug 13, 2021

The Office of Auditor General (OAG) does not have authority to audit county clerks and local units of government according to an opinion issued by Attorney General Dana Nessel. According to the opinion, while the OAG may subject the Bureau of Elections to a performance audit concerning their procedures for conducting post-election audits, that authority does not extend beyond the Bureau to local jurisdictions’ election processes.

Last month, Secretary of State Jocelyn Benson made a formal request for an Attorney General opinion focused on two questions based on OAG’s notified intent of a post-election audit:

1. Does OAG physically handling records while conducting the audit violate federal record retention laws by removing ultimate management authority and physical retention of the records from election officials?
2. Does OAG have authority to request and review local records outside of the issuance of a subpoena or other request for records?

“While I respect the governmental function of the Michigan Office of Auditor General, its authority simply does not extend beyond performance audits and post audits of financial transactions and accounts related to state entities,” Attorney General Nessel said. “OAG does not have a constitutional right to demand or compel access to local government records, including election ballots and voting equipment.”

To read the full opinion, please click here.

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