Michigan AG Appeals Dismissal of Double Voting Cases

News Summary

The Michigan Attorney General’s Office has filed appeals for five dismissed double voting cases from the August 2024 primary elections in St. Clair Shores. The appeals follow allegations of improper voting, including accusations against Douglas Kempkens Jr. for voting absentee while also in person. The AG’s office aims to uphold electoral integrity amidst concerns of election fraud involving election workers and voters misusing poll books. The developments highlight challenges in ensuring compliance with voting regulations amidst ongoing legal proceedings.

St. Clair Shores, Michigan – The Michigan Attorney General’s Office has announced its decision to appeal five out of seven dismissed double voting cases linked to the August 2024 primary elections in St. Clair Shores. The move aims to uphold electoral integrity and address allegations of improper voting practices. A key dismissal occurred on August 6, when a Macomb County Circuit Judge dismissed the case against Douglas Kempkens Jr., who faced charges for casting both an absentee ballot and an in-person vote.

The appeal to the Michigan Court of Appeals was filed on August 21, following Judge Joseph Toia’s decision to dismiss Kempkens’ charges. Kempkens is alleged to have both voted absentee and in person, alongside accusations of attempting to vote more than once. Kempkens’ attorney criticized the case, asserting that the prosecution lacked evidence of criminal intent.

According to AG spokesman Danny Wimmer, the office is reviewing all options for the appeal. Wimmer emphasized that double voting poses a significant threat to the integrity of elections in Michigan. The AG’s office has explained that the voters involved submitted absentee ballots while also voting in person at polling places.

Aside from Kempkens, additional allegations were directed at election workers, who allegedly permitted voters to cast in-person ballots despite knowledge of their absentee ballots. This misuse of the electronic poll book to record votes spawned controversy, as several charged workers, identified as seasonal staff rather than formal assistant clerks, were implicated in the matter. St. Clair Shores Mayor Kip Walby noted this distinction among the staff involved.

In parallel cases, charges against election worker Molly Brasure and voter Geneva O’Day were dismissed in March 2024, with AG’s office filing appeals for both dismissals. In July 2024, charges against Brasure were again dismissed by Judge Matthew Sabaugh, while O’Day’s appeal remains under advisement by Circuit Judge Jennifer Faunce. Other election workers, Emily McClintock and Patricia Guciardo, also had their cases dismissed in late 2023 and early 2024, respectively.

Charges are still pending against Stacey Kramer in Macomb County Circuit Court, with preliminary hearings scheduled for August 29. Frank Prezzato, another charged individual, is set to attend a pretrial conference on September 3. Notably, local County Prosecutor Peter Lucido initially refrained from charging the voters, citing a lack of probable cause based on the evidence available at the time.

The dispute arose from allegations of election fraud across three voting precincts. Election workers purportedly ignored system alerts and allowed voters to vote in person while incorrectly updating the status of their absentee ballots. In Kempkens’ situation, confusion ensued when the electronic voting system indicated that his absentee ballot had already been received. He later testified that election officials instructed him to indicate he had not received an absentee ballot, a claim that he later retracted.

Judge Toia highlighted that Kempkens acted based on instructions from an election official, leading to a dismissal grounded in the principle of entrapment by estoppel. This ruling might set a significant precedent regarding the governance of short-term election staff roles and responsibilities in Michigan, especially with regard to ensuring compliance with voting regulations.

The ongoing legal proceedings underscore the complexities and challenges inherent in managing electoral integrity, particularly as various stakeholders navigate the implications of double voting allegations. As the appeals move forward, the Michigan Attorney General’s office continues to emphasize the importance of upholding the integrity of the state’s electoral processes.

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• Detroit Free Press
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• Wikipedia: Election Integrity
• Encyclopedia Britannica: Electoral System