A Hillsdale County judge has dismissed felony charges against a former local clerk and a lawyer associated with false 2020 election conspiracies.
The Michigan Attorney General’s office had accused former Adams Township Clerk Stephanie Scott of illegally sharing election data with unauthorized people after the 2020 presidential election.
The state argued a law that exempted certain voter records from the Freedom of Information Act made that data confidential. Those exempted records include ID card numbers, birthdays, and digital signatures.
But Scott's lawyer, David Kallman, argued exempting something from FOIA wasn’t the same as making it confidential. He said nothing in the law meant his client couldn’t share select data with a private attorney for advice.
“This isn't criminal. I mean, this just has to do with whether or not an official has the discretion to release information or not. You know, like any regular FOIA request that gets made every day of the week,” Kallman said.
The attorney general’s office could still appeal the ruling, said Kimberly Bush, a spokesperson with the department.
“The Court’s opinion wrongly suggests that election officials can release sensitive voter information protected from disclosure by state and federal law. While we are considering our next steps, including making a determination regarding an appeal, we are extremely disappointed and concerned about the implications this may have on upcoming elections,” Bush said in a written statement.
Lawyers for the defense, however, accused the state of making politically motivated charges. Kallman suggested the attorney general “does not like” Scott’s codefendant, Stefanie Lambert. The two were charged together in May 2024.
“What (Scott) was being prosecuted for was hiring an attorney to give her a legal advice on whether or not what she was doing was correct or not. That's insane. That -- that really is nuts,” Kallman said.
Lambert is an attorney tied to President Donald Trump and the attempts to overturn his loss in the 2020 presidential election. Several dozen audits confirmed former President Joe Biden won that year.
Lambert successfully had her Hillsdale County felony charges dismissed alongside Scott.
But Lambert still faces pending criminal charges in Oakland County over separate accusations she illegally gained illegal access to a voting machine. That case is currently paused, pending an appeal over instructions the jury received from the court.
Lawyer Peter Ticktin represents her in that Oakland County case. Like Kallman, he accuses the state of overstating the law to charge his client. He claims local officials have more power than the state admits to grant access to voting equipment.
Ticktin believes the Hillsdale County decision is a good sign for the Oakland County case.
“If it weren't so blatant, the Court of Appeals would not have permitted us to appeal. You have to ask permission to appeal,” Ticktin said.
Cases are often both won and lost on appeal.
