An appeals court has dismissed charges against a Michigan election official who inserted a USB flash drive into an electronic poll book and downloaded voters’ names at the end of the 2022 primary election.
The court’s conclusion was that James Holkeboer’s actions were inappropriate but not criminal.
He was charged with election fraud. But Holkeboer’s lawyers pointed out that the state law prosecutors are applying only prohibits changing election records.
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“Prosecutors needed to prove that Mr. Holkeboer fraudulently deleted or concealed the electoral rolls of voters so that the information became unavailable or was altered,” the court said in a 3-0 opinion Thursday. Ta.
An appeals court has dismissed charges against Michigan election officials who downloaded voter rolls.
“No evidence has been presented here that election information has been altered or made unavailable to local election officials,” the court said.
Holkeboer’s actions did not affect the outcome of the 2022 primary election. He was working for the first time at a polling place in Gaines Township, Kent County, south of Grand Rapids.
Holkeboer, a Republican, told investigators he downloaded information about voters because he wanted to compare it with a list he had sought in a separate public records request, according to the case summary.
Kent County Clerk Lisa Posmus Lyons, who oversees elections, said she supported an appeal to the Michigan Supreme Court.
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“This violation of public trust must be addressed,” she said.
