In October, Michigan Attorney General Dana Nessel filed felony charges against seven people over four double votes in the August primary, claiming “evidence supported criminal charges” that carry up to five years in prison.
After reviewing Nessel’s “evidence” in St. Clair Shores, 40th District Court Judge Joseph Oster came to a different conclusion regarding two volunteer election workers charged in the case, the Associated Press reports.
“There’s a difference between mistakes, overlooking, maybe even incompetence, and committing a crime,” Oster said, before dismissing charges against the women, Patricia Guciardo, 73, and Emily McClintock, 42.
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Nessel alleged the two abetted other defendants by allowing them to cast multiple ballots in the same election, accusing them of telling other workers to override system warnings to give out in-person ballots.
The case involved four voters showed up to vote in person in St. Clair Shores after casting absentee ballots. It is not legal in Michigan to cancel already processed absentee ballots to instead vote in person.
Guciardo told The Detroit News she was “just happy” that the “terrible” ordeal is now behind her.
“It was a mistake. That’s all I can say,” Guciardo said. “It was all over the media. As far as I am concerned, my reputation has been destroyed.”
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McClintock declined to comment on the outcome.
“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,” Robert Ihrie, attorney for St. Clair Shores, told the media. The judge “did the right thing and my clients are pleased the cases are dismissed.”
Nessel spokesman Danny Wimmer told the AP the Attorney General’s office is reviewing the decision before deciding whether to appeal.
The case against the four voters involved, meanwhile, continues to proceed.
Oster bound over for trial St. Clair Shores resident Douglas Kempkens, 44, following a three-hour preliminary examination Tuesday, and he’s now scheduled to be arraigned in Macomb County Circuit Court on Jan. 6.
Kempkens’ attorney, Stephen Rabaut, told The News the felony charges against his client are “the most ridiculous” he’s ever seen.
Voter Stacey Kramer, 56, was ordered in October to stand trial in Macomb County Circuit Court, though her case was adjourned until Jan. 21 pending the outcome of the district court cases.
Voters Frank Prezzato, 68, and Geneva Oday, 62, are scheduled for preliminary examinations scheduled for Jan. 7, along with a third city election worker, 31-year-old Molly Brasure.
Nessel contends St. Clair Shores Clerk Abby Barrett initially discovered the double votes and notified Macomb County Clerk Anthony Forlini. Forlini then forwarded the findings to Macomb County Prosecutor Peter Lucido, who did not authorize criminal charges.
Nessel criticized that decision in a press conference announcing her own charges against the defendants, alleging the assistant clerks involved “broke election rules so significantly they committed a crime.”
“While I won’t speculate on why the Macomb County Prosecutor’s Office declined to more thoroughly investigate or bring the appropriate criminal charges, it’s just clear to us the handling of this matter was insufficient,” said Nessel, a Democrat.
Lucido, a Republican, said in late August “appropriate mechanisms functioned as intended to detect the issue.”
“We evaluate cases based on facts,” Lucido said in a statement cited by CBS News. “St. Clair Shores elections officials quickly identified the issue, preserved records for review, and reported it promptly. This demonstrates that election safeguards are effective and maintain overall integrity.”
St. Clair Shores Mayor Kip Walby also described Nessel’s decision to file criminal charges as “political theater.”
Christina Hines, Lucido’s Democratic opponent in the Nov. 5 election, cited the controversy to claim “it is unacceptable that our elected Prosecutor chose not to even investigate this case.”
Lucido prevailed over Hines on Nov. 5 with 57% of the vote, WDIV reports.
Bloomfield Township Clerk Martin Brook told The News he attended Tuesday’s hearing because the case will impact efforts to court volunteers to help run elections, and he was “thrilled” Oster dismissed the charges against Guciardo and McClintock.
“We can’t run elections without volunteers,” he said. “All of the clerks I know were concerned about the case.”
“It’s the right result,” Brook said, “and I don’t think the attorney general’s office should have ever brought the charges.”