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ST. CLAIR SHORES — Charges related to alleged instances of double voting in the 2024 primary election leveled against a seasonal election clerk and a voter have been dismissed in St. Clair Shores.
Molly Brasure, 31, and Geneva O’Day, 62, both cried when their cases were dismissed by Judge Mark Fratarcangeli in 40th District Court Friday, March 7.
Brasure was originally charged with two counts of falsifying election returns, a five-year felony; two counts of voting in person and by absentee, a five-year felony; and two counts of offering to vote more than once, a four-year felony. O’Day was originally charged with one count of voting in person and absentee, and one count of offering to vote more than once.
Fratarcangeli cited a lack of probable cause in both cases and apologized to both Brasure and O’Day that they had to be put through the legal process.
Brasure’s lawyer, Stephen Rabaut, and O’Day’s lawyer, Paul Stockyj, both said they believe the charges never should have been brought against their clients in the first place.
Stockyj said he’s happy with the outcome and that Fratarcangeli made the right decision.
Rabaut said the two defendants in the case have been through a lot.
“It just wasn’t fair from the beginning,” Rabaut said.
In an emailed statement, the office of Michigan Attorney General Dana Nessel said it intends to appeal the decision made by Fratarcangeli and that it was disappointing that the cases were not bound over to Macomb County Circuit Court.
“The Department of Attorney General takes very seriously cases of election fraud, and will attempt to hold accountable all individuals criminally responsible for these instances of double voting in St. Clair Shores,” the email stated.
On March 12, according to court documents, a claim of appeal was filed for Brasure and O’Day in Macomb County’s 16th Circuit Court. No court date is set yet.
Assistant Michigan Attorney General Richard Cunningham represented Nessel’s office at the hearing. Nessel’s office made the decision to bring charges after Macomb County Prosecutor Pete Lucido’s office conducted an investigation and declined to authorize a criminal complaint.
“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 said in a press release sent in August. “Voters, election officials and law enforcement come from different backgrounds and areas, but we all share the same goal to safeguard our most sacred duty as Americans — E pluribus unum.”
Additional related cases, appeals
In October, Nessel’s office authorized charges against three assistant city clerks and four voters.
A pretrial conference for voter Stacey Kramer, 56, was scheduled for March 10 in Macomb County Circuit Court, but the hearing was rescheduled. A jury trial is scheduled to take place July 29.
A pretrial conference for voter Frank Prezzato, 68, was scheduled for March 3 in Macomb County Circuit Court but was rescheduled for May 25.
A pretrial conference for voter Douglas Kempkens Jr. was scheduled for March 5 in Macomb County Circuit Court but was rescheduled for May 12.
Two seasonal election workers, Emily McClintock, 42, and Patricia Guciardo, 73, had their cases dismissed by Judge Joseph Craigen Oster on Dec. 10 in 40th District Court. Both cases were appealed by the state in Macomb County Circuit Court Dec. 30.
