MI Woman Threatened With Prosecution For ‘Misleading’ Election Info

Michigan Attorney General Dana Nessel is threatening to prosecute a resident for “spread[ing]” what has been labeled as “misleading or false” election-related information, according to a “cease and desist” letter reported Tuesday. This comes just days after The Federalist revealed Secretary of State Jocelyn Benson is urging residents to report their neighbors for so-called “election misinformation.”

The letter’s recipient, who had previously chosen to remain anonymous, revealed herself to The Federalist as Kerry Lynn Elieff, a resident of Ross Township near Kalamazoo. Elieff told The Federalist she had posted concerns on June 12 about a change in polling locations.

According to the letter dated July 24 and reviewed by The Federalist, Nessel’s office threatened Elieff for making a post about polling locations, which Elieff said she was “shocked” to receive last week.

“I was just thinking, ‘They’re going to prosecute me for this?’” Elieff said to The Federalist. “They’re probably hearing one side of the story.”

“[Y]ou are hereby ordered to CEASE AND DESIST the use of online platforms to continue spreading false or misleading information regarding the Ross Township polling locations. Failure to comply with this notice may result in criminal prosecution,” reads the letter, first reported Tuesday by Detroit radio host Justin Barclay and The Midwesterner.

The letter, signed by Criminal Trials Division Chief Robbin Liddell, demanded Elieff “remove[]” “[a]ny false or misleading information” from “all platforms.”

Accordingly, Elieff told The Federalist she removed or modified her posts. In a screenshot she shared with The Federalist, a Facebook post by “Kerry Lynn Elieff 4 Ross Township Supervisor” alleges that “It has come to my attention that the voting locations for Precincts 1 and 2 have been changed. Precinct 1, previously located at the August Village Hall, has been changed to be at the Sherman Lake YMCA.” Elieff unsuccessfully challenged incumbent Supervisor Christina Hutchings in Tuesday’s primary. Elieff told The Federalist she was concerned that local officials had changed polling locations without adequately telling the public at least 60 days beforehand, as required by law. 

“It has come to the attention of our office that you have spread misleading or false election information regarding polling locations in Ross Township through on-line sites,” reads the letter on Nessel’s letterhead. “The polling locations in Ross Township were legally approved and selected by the township board and clerk.”

Nessel’s office cited MCL 168.932(a), claiming the statute “prohibits and criminalizes” Elieff’s “conduct.” This statute bans any “attempt, by means of bribery, menace, or other corrupt means or device, either directly or indirectly, to influence an elector in giving his or her vote, or to deter the elector from, or interrupt the elector in giving his or her vote at any election held in this state.”

“I didn’t have a chance to even share with them the truth,” Elieff said. “They didn’t say, ‘If you believe this is an error, call me.’ There was nothing like that.”

While Liddell’s signature included a phone number, Elieff said she did not feel comfortable calling.

“I even thought about calling and saying, ‘Can you explain to me what misinformation I was giving?’” Elieff said. “With this threat, how do you feel comfortable calling in?”

Reporting Speech as ‘Misinformation’

Elieff told The Federalist she thinks she was reported by someone in Ross Township who disagrees with her.

Benson, a Democrat, is encouraging Michiganders to report others’ supposed election “misinformation” to a government email address, The Federalist reported last week. A document from Benson’s office said “citizens can and should join this effort” to “hold people accountable for spreading lies about elections.”

The secretary of state’s office offers its own sources of “trusted” information, apparently referring residents to its own “fact checks” page. The office also refers readers to FactCheck.org, PolitiFact, and Snopes — groups that have proven themselves leftist information gatekeepers.

Benson also recently launched a “Democracy Ambassador” program, according to a July press release, which focuses on recruiting residents to “squash” and “combat any election-related misinformation targeting Michigan voters.” 

Nessel spoke to journalists in July about the importance of “collaboration” between officials and journalists as her department attempts to “eliminate misinformation from social media platforms.”

Patrice Johnson, chair of the nonprofit Michigan Fair Elections, said she thinks Nessel’s prosecution threat could be the beginning of a larger censorship effort.

“This is trying to silence people before the election. It’s clearly trying to stifle civic involvement,” Johnson said. “It’s like the next generation of 1984, coming here.”

Nessel’s office did not respond to a comment request Tuesday.