In 2022, an appeals court in Michigan dismissed charges against election worker James Holkeboer, who downloaded the names of voters using a USB flash drive at the close of a primary election. While his actions were deemed improper, the court concluded that they did not constitute a crime under the state law used by prosecutors, which only bans acts that change the election record. The court stated that there was no evidence presented that the election information was altered or made unavailable to local election officials.
Holkeboer, who was a Republican working at a polling place in Kent County’s Gaines Township for the first time, explained to investigators that he downloaded the voter information to compare it to lists he was seeking under a separate public records request. Despite his actions, no evidence suggested that the results of the 2022 primary election were affected. Kent County Clerk Lisa Posthumus Lyons, who oversees elections, expressed support for an appeal to the Michigan Supreme Court, stating that the breach of public trust must be addressed.
The prosecution in Holkeboer’s case had to prove that he fraudulently removed or secreted the election list of voters in a way that made the information no longer available or altered. However, with no evidence of such alterations presented, the court ultimately ruled in Holkeboer’s favor. While his conduct was questioned, it was ultimately deemed not to have changed the outcome of the election, and the charges of election fraud were dismissed.
The case involving Holkeboer highlights the importance of following proper procedures and laws when working in an election setting. While his actions may have been deemed improper, the court determined that they did not constitute a crime under the applicable state law. This case serves as a reminder of the need for election workers to adhere to strict guidelines and regulations to ensure the integrity of the electoral process and maintain public trust.
Moving forward, it will be crucial for election officials and workers to clearly understand the boundaries and limitations of their duties to prevent similar incidents from occurring in the future. By upholding proper protocols and following established rules and regulations, election workers can help ensure that the voting process remains fair and transparent. The dismissal of charges against Holkeboer serves as a cautionary tale for all those involved in elections to always act in accordance with the law to preserve the integrity of the electoral system.
