Charges dismissed against two election workers in Michigan double-voting case
A judge dismissed charges on Tuesday against two St. Clair Shores election workers who were accused of taking steps that allowed four people to vote twice in the summer primary election.
Judge Joseph Oster said there wasn't sufficient evidence to send the two women to trial. Attorney General Dana Nessel announced felony charges against the part-time election workers at an October news conference.
"There's a difference between mistakes, overlooking, maybe even incompetence, and committing a crime," Oster said.
The women, ages 73 and 42, hugged each other outside court. The case is being closely watched by officials in other Michigan communities who rely on short-term election staff.
"We hope the dismissal of these charges is a message to other people who may volunteer to do their civic duty and work a city election that they don't have to be afraid to do it," defense attorney Robert Ihrie said.
In August, the Macomb County Clerk's Office and the St. Clare Shores Clerk's Office called for an investigation after it was reported that four people may have voted twice during the Aug. 6 primary.
Nessel's investigation included reviewing voting records, police reports from St. Clair Shores police, and a report from the Michigan Department of State Enforcement Division. It also included interviews with elections inspectors for those precincts, the charged St. Clair Shores assistant clerks, the St. Clair Shores city clerk, and the state's director of elections. The investigation also included analyzing the Qualified Voter File for timestamped changes.
As a result, the four voters and three election workers faced multiple charges.
Two of the workers were charged with three crimes, including falsifying records. The case against a third person is pending.
The four voters each faced one count of voting absentee and in-person, a five-year felony, and one count of offering to vote more than once, a four-year felony. Prosecutions continue against the voters.
Nessel alleges that the voters had already cast absentee ballots for the primary and showed up to vote in St. Clair Shores on that day. In Michigan, it's not possible on Election Day to cancel an already processed absentee ballot and then vote in person.
Additionally, Nessel accused the election workers of telling other workers to override system warnings and hand out in-person ballots.
"Our office is currently exploring its appellate options concerning the dismissals. The Department of Attorney General takes very seriously cases of election fraud, and will attempt to hold accountable all individuals criminally responsible for these instances of double voting in St. Clair Shores," spokesperson Danny Wimmer said in a statement.