The Michigan Court of Appeals has ordered criminal election fraud cases to go forward against two men accused of orchestrating misleading political robocalls to Detroit voters.

The charges are related to automated calls during the 2020 election campaign that falsely claimed mail-in ballots would be used to track people with outstanding arrest warrants, for debt collection and to force people to get COVID-19 vaccines.

“Don’t be finessed into giving your private information to ‘the man,’’’ said the message. “Stay safe and beware of vote by mail.”  

The Court of Appeals held in the majority opinion that using fear tactics with made-up consequences to discourage people from voting by mail meets the standard for intimidation.

The Michigan Supreme Court ruled in June that misinformation on the consequences of voting by mail could amount to voter intimidation and sent the case to the appeals court to determine if these charges met the threshold.

“Voter intimidation infringes upon the fundamental right to vote,” said Nessel in a statement released by her office. “I am grateful the Court of Appeals saw this conduct for what it was — a gross misrepresentation of voting procedures meant to scare voters from participating in our elections. We look forward to continuing with the criminal case and bringing this matter to trial.” 

Nessel charged Jack Burkman and Jacob Wohl, two far-right operatives who created Project 1599, with voter intimidation and other crimes related to the messages sent to almost 12,000 Detroit voters.

Efforts to reach attorneys for the two men were not successful.

Burkman and Wuhl, who are from Virginia and California, have been found guilty of similar crimes in other states.