Coalition argues that the decision to dismiss criminal charges against an election inspector who allegedly stole voter information jeopardizes the integrity of Michigan elections, voter privacy, and public confidence in the election system
(July 1, 2024) LANSING, Mich. – Public Rights Project (PRP) — working on behalf of a bipartisan coalition of 28 Michigan election officials who collectively oversee elections for the majority of the state’s population — filed an amicus brief urging the Michigan Supreme Court to grant review of and reverse an appeals court decision dismissing election fraud charges against election inspector James Holkeboer. In 2022, Holkeboer allegedly told investigators that he used a personal, unapproved USB drive to extract voter information from the electronic poll book on an election laptop to compare voter registration records.
The coalition of clerks aims to ensure that Michigan’s criminal law continues to deter rogue inspectors from undermining the election process. The brief, filed in People v. Holkeboer, argues that under existing Michigan law, it is a felony for anyone to fraudulently extract voter records from an election device.
“Election integrity is already under a microscope and the public must be able to trust the people who have access to their private voter information,” said Public Rights Project’s Chief Program Officer Jonathan Miller. “While most election inspectors operate in good faith, we must hold actors who abuse their access accountable. Eliminating criminal penalties risks undermining election security, voter privacy, and public confidence in Michigan elections.”
“Our elections are too important to leave ambiguous what should be a clear line of what is improper for an election worker to do while under oath,” added Hillsdale County Election Director Abe Dane, one of the members of the coalition.
“Local and county clerks do their level best to hire engaged and honest precinct workers to staff our elections,” said Ingham County Clerk Barb Byrum. “We must be more careful now than ever because there is an effort to insert disruptors into the process. We must hold them accountable when their actions compromise the safety and security of our elections, as we are hoping the Michigan Supreme Court will do in this case.”
“Consider the scale of this workforce: In November 2022, we had around 1,700 poll workers just in this county, and with the implementation of early voting, we will need even more this year,” said Washtenaw County Clerk Lawrence Kestenbaum. “With a group that large, it is possible to have a few misbehaving bad apples. Managing those situations is much harder if there are no consequences for deliberate interference with the conduct of an election.”
The brief outlines key reasons why the decision should be reversed and why eliminating criminal penalties in this case would set a dangerous precedent:
Election inspectors play an essential role in Michigan elections and have access to private voter information. The coalition of clerks believes strong enforcement of state election laws is needed to ensure that those who take intentional acts contrary to the state election code are held accountable.
The Court of Appeals’ decision would undermine election security, voter privacy, and public confidence in elections. Non-approved flash drives can jeopardize digital security, information extracted from electronic poll books may include non-public voter information (like driver’s license numbers and the last four digits of social security numbers), and any voter information that is extracted may be misused to damage public trust in the election system.
The coalition of clerks joining the brief includes:
Maureen Brinker, Brownstown Township Clerk
Carol Bronzyk, Dickinson County Clerk
Lisa Brown, Oakland County Clerk
Barb Byrum, Ingham County Clerk
Mary R Clark, Delta Township Clerk
Domonique Clemons, Genesee County Clerk
Tracey Cochran, Osceola County Clerk
Ellen Craig-Bragg, Romulus City Clerk
Abraham Dane, Hillsdale County Chief Deputy Clerk/Elections Director
Aileen Dickson, Troy City Clerk
Jodi Fetting, Tuscola County Clerk
Cathy M. Garrett, Wayne County Clerk
Vanessa Guerra, Saginaw County Clerk
Jennifer Kelly, Houghton County Clerk
Lawrence Kestenbaum, Washtenaw County Clerk
Lisa Lawitzke, Bellevue Township Clerk
Richard LeBlanc, Westland City Clerk
Ann Manary, Midland County Clerk
Kristen Millard, Montcalm County Clerk
Cheryl Neilsen, Montmorency County Clerk
Annamarie Osment, Monroe County Clerk/Register
Patti Pacola, Lake County Clerk
Tina Porzondek, Plainfield Township Deputy Clerk/Election Administrator
Justin Roebuck, Ottawa County Clerk
Bonnie Scheele, Grand Traverse County Clerk
Michael Siegrist, Canton Township Clerk
Lawrence Stec, Wyandotte City Clerk
Chris Swope, Lansing City Clerk
PRP supports and defends a network local elections officials in the face of unprecedented challenges and attacks on democracy from both outside actors and state governments ahead of the 2024 presidential election. Launched in February, PRP’s Election Protection Hub works with local elections officials in battleground states, including Arizona, Georgia, Michigan, Nevada, Pennsylvania, and Wisconsin.
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About Public Rights Project
Public Rights Project (PRP) is a nonpartisan legal advocacy organization that helps local government officials protect and expand the rights of the communities they serve, including voting rights, reproductive rights, workers rights, and more. Founded in 2017 by Jill Habig, civil rights attorney and former special counsel to Kamala Harris in the California Attorney General’s Office, PRP works with more than 500 local and state governments across 43 states to fight against abuses of power and help advance and protect civil rights. PRP provides state and local governments with the capacity, training, and legal support they need to build trust with communities, take action to enforce civil rights, and ensure that voters’ voices are heard. PRP is staffed by dedicated lawyers and public servants with decades of combined experience in public service, impact litigation, community organizing, and program development. Since its founding, PRP has protected 1 million working people from corporate abuse, ensured voting rights for 10 million people, and secured legal access to abortion for 6.5 million people.
Web: https://www.publicrightsproject.org/
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PRESS CONTACT:
Grace Kair, Chatham Strategies: GraceK@chatham-strategies.com; press@publicrightsproject.org
