Kent County Clerk Lisa Posthumus Lyons finds the decision “extremely disappointing.”
“I’m deeply troubled the court of appeals just didn’t see fit to hold accountable an individual who knowingly and secretly entered a personal flash drive into our election equipment and without authorization to obtain information for his own purposes.”
The incident happened in 2022 at the Gaines Township Precinct after the August primary polls closed.
Posthumus Lyons says an investigation showed there was no impact on the election itself but the act is a violation of the law.
“I want the public to know that they deserve to have faith in their elections and those who work them. This breach of public trust has to be addressed.”
Witnesses reported James Holkeboer slid a USB flash drive into a precinct Electronic Poll Book containing sensitive voter registration data.
After an investigation, Holkeboer was charged with falsifying election returns and using a computer to commit a crime.
His attorney appealed, arguing the act of copying a list of voters without affecting the integrity of the election is not currently prohibited by law.
The Michigan Court of Appeals agreed, this week dismissing the criminal case.
Posthumus Lyons is working with Kent County Prosecutor Chris Becker to appeal this latest ruling.
