Hearing . . . Monday . . . MI Case that Could Define the Limits of a Clerk's Constitutional Authority
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People of the State of Michigan v Stephanie Scott
By Kristine Christlieb, MFEI News & Commentary Editor
April 12, 2026
Hillsdale Circuit Court, 1 p.m., Monday, April 13, 2025
Nearly two years after Michigan Attorney General Dana Nessel filed charges against former Adams Township Clerk Stephanie Scott and Detroit attorney Stefanie Lambert, the case will return to Hillsdale Circuit Court on Monday for a critical pre-trial motion hearing — one that could have sweeping implications for the constitutional authority of Michigan's elected township clerks.
The 1 p.m. hearing before First Judicial Circuit Court Judge Sara Lisznyai will address two significant motions: Scott's defense Motion to Quash (dismiss) the remaining charges, and Nessel's motion to prevent Scott's witnesses from testifying.
Scott is urging supporters to attend Monday's hearing. "I would like the community to see a full courtroom."
In 2024, reporter Corey Murray of Hillsdale Daily News described Scott as "far right Republican."
What Remains of the Case
On May 8, 2024, the State of Michigan charged Scott with four felonies and one misdemeanor arising from her actions following the 2020 general election. The charges include: using a computer to commit a crime, unauthorized access to computers, conspiracy to commit unauthorized access to computers, misconduct in office, and disobeying a lawful instruction or order from the Secretary of State as Chief Election Officer.
One charge did not survive. Hillsdale District Court dismissed the felony count of concealing or withholding a voting tabulator, finding that custody of election equipment falls squarely within a clerk's duties and that a tabulator secured in a locked township office is exactly where it belongs. That ruling came despite the Michigan State Police and District Judge Megan Stiverson initially taking a different view.
Four felony charges remain, and they all circle the same core question: does a township clerk have the authority — and the duty — to investigate anomalies in election registrations, even when the Michigan Bureau of Elections says otherwise?
The Data at the Heart of the Defense
Central to Scott's defense is the work of cybersecurity expert Benjamin Cotton whose affidavit claimed dozens of names unique to the state's voter data were not recorded in the township's poll book, and vice versa — with the discrepancies raising questions about 11.5% of the 1,362 votes cast in Adams Township on Election Day 2020.
Defense attorney Dan Hartman argued those discrepancies are evidence pointing to manipulation of the 2020 election outcome, framing the case as one about whether a clerk can assert her duty to investigate such anomalies.
According to reporting from Reuters, "Lisa Brown, the Democratic clerk of Oakland County, near Detroit, called sharing the electronic pollbook data with unauthorized people a “huge no-no,” compromising voter privacy."
The prosecution has pushed back vigorously, asserting that the charged crimes are about probable cause for unauthorized computer access — not about election integrity claims.
Scott's attorney at the time, Stefanie Lambert, argued Scott was told by the Secretary of State that tabulators contain no election data — a claim Lambert says Cotton's expert analysis disproves, since an update would wipe data that does exist on the device.
A Constitutional Question About Clerks
At its core, the case raises a question that has not been definitively answered in Michigan courts: what constitutes a "lawful" directive from the Michigan Bureau of Elections to an elected township clerk, and can a clerk be criminally prosecuted for exercising independent judgment in fulfilling her constitutional duties?
"It is likely Scott's case is partly responsible for the barrage of new rules Benson pushed through the legislature last year, rules — with the force of law — that she will use to oust clerks who try to fulfill their Constitutional duty," said Patrice Johnson, founder and chair of Michigan Fair Elections Institute.
Michigan election law (MCL 168.520) expressly gives clerks the duty and authority to investigate voter registration irregularities. Federal law (52 U.S.C. 20701) and state law (MCL 168.811) require that all election records be preserved. Scott's position, maintained since the beginning, is that she was doing precisely what the law required.
Nessel takes the opposite view — and has further argued that Scott's decision to retain Lambert as legal counsel to help navigate conflicting directives itself constituted a criminal conspiracy.
Scott was arraigned in December 2025 and pleaded not guilty, with attorney David A. Kallman representing her at trial.
Background
AG Nessel's office alleges Scott intentionally disregarded instructions from the Michigan Secretary of State to turn over the township's voting tabulator to an authorized vendor for maintenance and testing, and that she withheld the tabulator until it was seized by Michigan State Police pursuant to a search warrant.
Scott was stripped of her election administration authority by the Michigan Bureau of Elections in 2021 and was ousted in a recall election in 2023.
Public Invited to Observe
Monday's hearing is open to the public. Those interested in watching the arguments — which will touch on the scope of Michigan election law, the authority of township clerks, and the boundaries of the Attorney General's prosecutorial power — are encouraged to attend at the Hillsdale Circuit Court at 1 p.m.
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