Appeals court docket drops expenses in opposition to elections employee who downloaded voter listing

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International Courant

An appeals court docket dismissed expenses in opposition to a Michigan election employee who put a USB flash drive into an digital ballot ebook and downloaded the names of voters on the shut of a main election in 2022.

The court docket’s conclusion: James Holkeboer’s conduct was improper however not a criminal offense.

He was charged with election fraud. However Holkeboer’s attorneys identified that the state regulation utilized by prosecutors solely bars acts that change the election report.

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“The prosecution needed to reveal that Holkeboer fraudulently eliminated or secreted the election listing of voters such that the data was now not out there or altered,” the court docket stated in a 3-0 opinion Thursday.

An appeals court docket has dismissed expenses in opposition to a Michigan elections employee who downloaded a voter listing.

“Right here, no proof was introduced that election data was altered or made unavailable” to native election officers, the court docket stated.

Holkeboer’s acts didn’t have an effect on the outcomes of the 2022 main election. He was working at a polling place in Kent County’s Gaines Township, south of Grand Rapids, for the primary time.

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Holkeboer, a Republican, instructed investigators that he downloaded details about voters as a result of he wished to check it to lists he was searching for underneath a separate public information request, based on a abstract of the case.

Kent County Clerk Lisa Posthumus Lyons, who oversees elections, stated she’s in favor of an enchantment to the Michigan Supreme Courtroom.

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“This breach of public belief should be addressed,” she stated.

Appeals court docket drops expenses in opposition to elections employee who downloaded voter listing

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