No charges in alleged double voting in St. Clair Shores, changes made ahead of election

Macomb County Prosecutor Peter Lucido says there will be no criminal charges in connection with possible double voting by four people in the August primary in St. Clair Shores, where the city clerk told the Free Press on Wednesday that some changes have been put in place ahead of the Nov. 5 general election.

Lucido announced Aug. 29 that his office would not authorize charges, stating in a release that a review of the evidence concluded probable cause did not exist to believe a crime had occurred.

Dawn Fraylick, his office's communications director, said Wednesday the voters wanted to spoil their absentee vote and vote in person, and there was no intent to double vote.

"We evaluate cases based on facts. 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," Lucido stated in his office's release.

The incident involved an allegation of possible double voting by the four during the primary election, with the people casting two ballots, one by mail and one in person. The city clerk reported the situation shortly after the primary to the Macomb County clerk, and they notified Lucido's office, which asked St. Clair Shores police to investigate.

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County Clerk Anthony Forlini stated in a prior release that the alleged double voting occurred in precincts 7, 15 and 16. There are 21 precincts in St. Clair Shores.

Lucido's release stated that voting twice is a felony in Michigan, but documented instances of double voting are "exceedingly rare due to the robust safeguards in place. The review confirmed that the appropriate mechanisms functioned as intended to detect the issue."

He stated the situation "highlights an opportunity for law enforcement and elections officials to review and train on this and other issues. Macomb County clerks know the rules and follow them, they are diligent to safeguard our elections and keep the process tight."

St. Clair Shores City Clerk Abby Barrett said Wednesday that some changes have been put in place, including new training, ahead of the November election.

She said eight inspectors who used the laptops in the affected precincts in the primary were let go, but could be brought back in a different capacity in the future.

Barrett said it's unclear who made the errors as multiple inspectors work on the laptop throughout the day. She said some voters did not remember they voted absentee even though they did and were allowed to vote in person.

"They should have never been allowed to vote in person," she said.

Barrett said the state Bureau of Elections still is investigating. In an Aug. 15 release, Michigan Secretary of State Jocelyn Benson stated she referred the matter to the Michigan Attorney General for further investigation and potential criminal charges.

Barrett said she asked the state to look at updating its software to include some safeguards, such as a pop-up on the laptop the inspector is working on to not allow someone with an absentee ballot to vote again. She said she's hoping the state provides some support and updated training guidance.

Barrett said her office hires more than 200 people to work an election — closer to 300 for the general election — and it's hard for their election inspectors who work one day out of the year "to know everything and not make mistakes."

She said there are more than 51,000 registered voters in the city. She said there were 13,146 votes cast in the primary, about a 20% turnout, and she anticipates more than double that — about a 40% turnout — for the presidential election.

Ultimately, Barrett said, the responsibility is with the voter not to vote in person if they have already dropped off an absentee ballot.

Barrett said with early voting, deadlines to spoil a ballot have changed and someone who voted absentee cannot spoil their ballot on Election Day.

According to the Michigan Voter Information Center on the Department of State website, if a voter already voted absentee and wants to change their vote, a voter can spoil their ballot by submitting a written request to the city or township clerk.

The voter must sign the request and state if they want a new absentee ballot mailed to them or if they will pick it up in person at the clerk's office. The request must be received by 5 p.m. on the second Friday before the election if the absentee ballot has been returned to the clerk, according to the website.

"There is no option during the mandatory early voting period or an Election Day to spoil an absentee ballot that has been received by the clerk," it states.

The website adds that an absentee ballot that has not been returned to the clerk may be spoiled in person at the clerk's office until 4 p.m. the Monday prior to the election.

It also states that if a voter has not returned their ballot, the person can surrender the ballot or sign a statement that the ballot was lost or destroyed and vote in person at an early voting site or on Election Day.

Contact Christina Hall: [email protected]. Follow her on X, formerly Twitter: @challreporter.

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This article originally appeared on Detroit Free Press: No charges in alleged double voting, changes made ahead of election