“There’s a difference between mistakes, overlooking, maybe even incompetence, and committing a crime,” Oster said.
The women, ages 73 and 42, hugged each other outside court. The case is being closely watched by officials in other Michigan communities who rely on short-term election staff.
“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,” defense attorney Robert Ihrie said.
Nessel said four people who had already cast absentee ballots for the Aug. 6 primary also showed up to vote in St. Clair Shores on that day. In Michigan, it's not possible on Election Day to cancel an already processed absentee ballot and then vote in person.
The two election workers had been charged with three crimes, including falsifying records. The case against a third person is pending.
Nessel accused them of telling other workers to override system warnings and hand out in-person ballots.
The attorney general's office will explore whether to appeal Oster's decision, spokesperson Danny Wimmer said.
Separately, prosecutions continue against the four people charged with voting twice.
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