On October 27th, a University of Michigan student, who is a non-US citizen from China, voted in Ann Arbor and is now facing two charges.
The student used their University of Michigan student ID and other documents to register for voting in Ann Arbor, signed a document stating they were a US citizen, and cast their ballot into the tabulation machine.
The Chinese student is being charged with perjury – making false statements in an affidavit to ensure voter registration – and unauthorized attempt to vote. According to state law, an unauthorized attempt to vote is a felony, punishable by up to four years in prison and a $2,000 fine.
Michigan Secretary of State Jocelyn Benson’s office and Washtenaw County Prosecutor Eli Savit issued a joint statement on Wednesday revealing the incident for the first time. The press release did not disclose the student’s identity, only referring to them as a “non-US citizen.”
Local media cited other sources reporting that the student holds a green card. Typically, international students studying in the US are on F-1 visas and cannot obtain green cards.
According to the Secretary of State’s office, the 19-year-old student from China legally resides in the US but is not a US citizen, which means they are not allowed to vote legally.
Ann Arbor city officials stated that the ballot was cast at an early voting location at the University of Michigan Museum of Art.
The Secretary of State’s office mentioned that the student later contacted the local clerk’s office asking if there’s a way to retrieve the ballot. “We appreciate the swift action of the clerk in this matter, who took appropriate steps and referred the case to law enforcement,” the joint statement said. “We also thank law enforcement for promptly and thoroughly investigating this matter.”
The statement added, “Anyone attempting to vote illegally will face serious consequences, including but not limited to arrest and prosecution.”
Both Benson and Savit are Democrats.
Court clerk Shryl Samborn stated that on Wednesday morning, a University of Michigan detective appeared before a District Court magistrate and affirmed the two election charges against the student.
As of Wednesday afternoon, the student had not been arraigned. Samborn mentioned that the University of Michigan Student Legal Services is representing the student.
Local media The Detroit News reported that two sources familiar with Michigan election law said that although the student’s ballot was illegally cast, it is expected to be counted in the upcoming election because once a ballot is fed into a tabulator machine, election officials cannot retrieve it due to mechanisms preventing tracing back votes to individual voters as per state law.
Milton Dohoney Jr., Ann Arbor City Administrator, sent a message to city council members regarding the case, calling it a potential “voter fraud” incident involving a green card-holding University of Michigan student.
“After a series of actions, this student was apparently able to register, receive a ballot, and vote,” Dohoney wrote in an email on Monday. “Based on the information we heard this morning, this student knew exactly what they were doing, and it was not lawful.”
Michigan voters approved a voting proposal in 2018 with a 67% support rate, allowing residents to register to vote in Michigan before Election Day and using documents such as driver’s licenses, state IDs, utility bills, or college records as proof of residency.
Republican and former Michigan University Board of Trustees Chair Sarah Hubbard said, “Some people have to prove citizenship to get on a plane or to find a job in the United States, while others can vote based solely on verbal statements and signing an affidavit. It’s hard to believe.”
“Once a vote is cast, it cannot be revoked,” Hubbard said. “This is not right.”
“I hope this was an unintentional oversight,” she added.
The statements from the Secretary of State and Washtenaw County Prosecutor’s office described the voting by a non-US citizen as an “extremely isolated and rare event.”
“Let’s be clear: voting records are public,” the statement added. “Any foreign national attempting fraudulent voting in Michigan will face significant risks and will be fully prosecuted under the law.”
Michigan Attorney General Dana Nessel is the state’s top law enforcement official, also a Democrat. She stated that her office has initiated an independent parallel investigation into voter fraud allegations in Ann Arbor.
“Compliance with the law is the responsibility of every resident of our state and country, Michigan election law clearly states that non-citizens cannot vote in our elections,” Nessel said. “We take very seriously all allegations of voter fraud, and the public should have confidence in this.”