“The court’s conclusion: James Holkeboer’s conduct was improper but not a crime.
He was charged with election fraud. But Holkeboer’s lawyers pointed out that the state law used by prosecutors only bars acts that change the election record.
“The prosecution had to demonstrate that Holkeboer fraudulently removed or secreted the election list of voters such that the information was no longer available or altered,” the court said in a 3-0 opinion Thursday.
“Here, no evidence was presented that election information was altered or made unavailable” to local election officials, the court said.”