Grand Rapids, Michigan – On Friday, prosecutors lost their final chance to appeal the case regarding a Michigan election worker who illegally inserted a USB flash drive into an electronic poll book and extracted the names of voters during the 2022 elections.

The Michigan Supreme Court decided not to pursue the appeal, which confirms that a prior ruling by a state appeals court will remain in effect, leading to the dismissal of the case against James Holkeboer.

Holkeboer faced election fraud charges in Kent County. However, the appeals court concluded that while his actions were indeed inappropriate, they did not constitute a crime.

In its judgment, the appeals court stated that it was the prosecution’s responsibility to prove that Holkeboer intentionally removed or hid the election list in a way that rendered the information unavailable or altered. “In this instance, no evidence was submitted indicating that the election information had been altered or kept from election officials,” the court noted.

Importantly, Holkeboer’s actions did not change the outcomes of the primary election held in 2022. This was his first time working as a poll worker at a polling site in Gaines Township, located south of Grand Rapids.

As a member of the Republican party, Holkeboer explained to investigators that his intention behind downloading the voter data was to compare it with lists he requested through a public records inquiry.

Lisa Posthumus Lyons, who oversees elections in Kent County, expressed her disappointment following the Supreme Court’s decision. She emphasized, “Our citizens deserve to have faith in their elections and those who are involved in the electoral process.”