Case Explained: 26a0233p.06

Court: United States Court of Appeals for the Sixth Circuit Filed: 2026-08-14 The sixth-circuit denied the petition for rehearing en banc in *United States v. Benson*. The original panel concluded that the Department of Justice failed to obtain Michigan’s unredacted voter file because the state Secretary of State did not “come into possession” of the aggregate file under Title III of the Civil Rights Act of 1960 (52 U.S.C. § 20701), as the record was internally generated by state officials, and because the written demand for records did not contain both a legal basis and factual purpose in a single letter as required by 52 U.S.C. § 20703. The full court found that less than a majority of judges voted in favor of rehearing, noting that the issues raised were fully considered by the original panel. The practical consequence is that the panel’s decision affirming the district court’s grant of a motion to dismiss stands. The United States may attempt to comply with the procedural requirements identified by the panel—specifically by issuing a new letter unambiguously requesting individual underlying records and clarifying the basis and purpose in a single document—but the current ruling prevents the immediate production of the statewide voter file under the specific demand made. Do It For The Case Law is a news reporting service. Nothing in this episode constitutes legal advice.