KENT COUNTY, Mich. — A Gaines Township poll worker will not go to trial for election fraud after a Michigan Court of Appeals threw out the case.
James Holkeboer was facing election fraud charges stemming from his alleged actions during last August's primary election.
Holkeboer was previously bound over for trial in 2023.
Attorneys representing Holkeboer appealed the decision in May of 2023, claiming the trial court errored by interpreting MCL 168.932 "to proscribe copying election records where the statute does not use the term 'copy' or any of its synonyms," Holkeboer's attorneys wrote.
Nearly a year later, the Michigan Court of Appeals agreed with that argument and dismissed the case.
"The trial court erred when it denied Holkeboer’s motion to quash the bindover. The act of copying a list of voters without affecting the integrity of the document or election is not, at least at present, prohibited by MCL 168.932(c). We vacate the trial court’s order denying Holkeboer’s motion to quash and remand for an entry of an order dismissing this case," the appeals court opinion's conclusion reads.
Kent County Prosecuting Attorney Chris Becker shared a statement after the decision to throw out the case:
I have read the opinion and I would anticipate an appeal on this issue after reviewing the reasoning. It seems a bit troubling, heading into a major presidential election, that an election worker can take information from an election computer and not be in violation of the law. I think this is an important issue that needs further review.
13 ON YOUR SIDE reached out to the Kent County Clerk for comment. Here's what she shared with us:
“This is extremely disappointing. I’m deeply troubled the court of appeals let off the hook an individual who knowingly and secretly entered a personal flash drive into our election equipment, and without authorization obtained information for his own purposes beyond the bounds of his duty as an election worker. This breach of public trust must be addressed, and I look forward to an appeal of this decision. Our citizens deserve to have faith in their elections and in those who work them. I will do everything possible to keep Kent County’s elections secure, transparent, fair, and accurate. If someone or something threatens that, we will continue to take aggressive action to protect our elections and hold those responsible accountable," Clerk Lisa Posthumus Lyons said.
You can read the entire State of Michigan Court of Appeals opinion here:
Holkeboer was a township election worker at Gaines Township Precinct 8 on Aug. 18, 2022.
After the polls closed, a witness allegedly saw Holkeboer put a personal USB drive into the Electronic Poll Book. This machine is a computer that election workers use to administer the election. The book contained voter registration data, including personal information about all the voters in the area.
The Electronic Poll Book was not connected to any of the vote tabulation equipment, nor was it connected to the internet.
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