What an Election Official in Michigan Did Not Right but Legal, the Court Rules

The allegations against a Michigan election worker who, after the conclusion of a primary election in 2022, downloaded the names of voters from a computerized poll book and inserted a USB flash drive into the book, were dropped by an appeals court.

It was determined by the court that James Holkeboer’s behavior was inappropriate but did not constitute a criminal offense.

According to the charges, he committed election fraud. In contrast, the attorneys for Holkeboer pointed out that the state legislation that is utilized by the prosecution only prohibits actions that alter the electoral record.

In an opinion that was handed down on Thursday, the court stated that “the prosecution had to demonstrate that Holkeboer fraudulently removed or secreted the election list of voters in such a way that the information was no longer available or altered.”

With regard to the local election officials, the court stated that “no evidence was presented that election information was altered or made unavailable.”

The actions of Holkeboer did not have any impact on the outcomes of the primary election occurring in 2022. In the first instance, he was employed at a polling location in Gaines Township, which is located south of Grand Rapids and is located in Kent County.

In accordance with a summary of the case, Holkeboer, a Republican, stated to investigators that he downloaded information about voters because he wanted to compare it to lists that he was obtaining in accordance with a different public records request.

An appeal to the Michigan Supreme Court is something that Kent County Clerk Lisa Posthumus Lyons, who is in charge of elections, has advocated for.

The violation of the public’s trust is something that needs to be addressed, she stated.