Lansing — Laying the groundwork for potential criminal charges in a high-profile case, Oakland County Circuit Judge Phyllis McMillen ruled Wednesday it is illegal for someone to take possession of a voting tabulator without authorization from the Secretary of State's office or a court order.
McMillen issued her 13-page ruling Wednesday, stipulating that a Michigan law barring "undue possession" of a tabulator wasn't limited to an ongoing election or to the period before results were tallied. Under state law, undue possession of a tabulator is a felony.
The decision was sought by Muskegon County Prosecutor D.J. Hilson, who's currently weighing whether to bring criminal charges against a group of supporters of Republican former President Donald Trump who allegedly obtained voting machines after the 2020 election as they advanced false claims of widespread voter fraud.
In August, Michigan Attorney General Dana Nessel's office named nine people who had allegedly conspired to gain improper access to voting machines. Nessel's office has previously said the group convinced local officials in three counties — Barry, Missaukee and Roscommon counties — to hand over five tabulators and then took the tabulators to hotels or rental properties in Oakland County.
There, members of the group broke into the machines, printing fake ballots and performing tests on the equipment.
At the time, Nessel was the Democratic incumbent running for a second term as attorney general against one of the...
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