Matt DePerno, ex-Rep. Daire Rendon charged in Michigan voting machine probe

Republican former attorney general candidate Matt DePerno and GOP ex-state Rep. Daire Rendon are facing criminal charges for their alleged roles in an effort to access Michigan voting machines after the 2020 presidential election.

Special prosecutor D.J. Hilson confirmed the charges Tuesday afternoon, saying his investigation into the handling of tabulators in Michigan was "ongoing and not over," which could mean other individuals will be charged.

"The charging decision was the result of a thorough decision-making process by an independent citizens grand jury," Hilson said in a statement. "This citizens grand jury carefully listened to the sworn testimony and analyzed the evidence as required by law and returned a decision to indict each of the defendants."

DePerno and Rendon, two of the most vocal proponents in Michigan of false and unproven election fraud claims, were arraigned on Tuesday before Oakland County Circuit Court Chief Judge Jeffery Matis.

DePerno is facing four criminal charges, including undue possession of a voting machine and willfully damaging a voting machine, which are felonies under Michigan law. Rendon was charged with conspiracy to commit undue possession of a voting machine and false pretenses, court records show.

The false pretenses charge is a felony that could bring a prison term of up to five years and a fine of up to $10,000. The undue possession of a voting machine is punishable by up to five years in prison and a fine of up to $1,000.

The charges came after about 18 months of investigation in Michigan and meant prominent political figures who worked to push theories that widespread fraud caused Republican Donald Trump's loss to Democrat Joe Biden will face criminal prosecution.

DePerno, a close ally to Trump in Michigan, was arraigned hours before a special prosecutor announced a new federal indictment of Trump on felony charges for trying to overturn the 2020 election.

Attorney General Dana Nessel, a Democrat, described the allegations as "incredibly serious" and "unprecedented" in a statement.

Likewise, Michigan House Minority Leader Matt Hall, R-Richland Township, said the charges were "very serious." They came two weeks after Nessel announced felony charges against 16 other Republicans who signed and submitted a certificate falsely claiming Trump won Michigan's 16 electoral votes.

"Many Americans are concerned about the recent flood of politically charged prosecutions in Michigan and around the country, and this prosecutor will need to prove his allegations in court beyond a reasonable doubt," Hall said of the new voting machine charges.

In December 2020, Rendon unsuccessfully attempted to escort the Republican electors into the Michigan Capitol after they signed their certificate asserting Trump had won. A lawyer for Rendon didn't immediately respond to a request for comment.

DePerno's attorney, Paul Stablein, said his client "categorically denies any wrongdoing and firmly asserts that these charges are unfounded and lack merit."

"He maintains his innocence and firmly believes that these charges are not based upon any actual truth and are motivated primarily by politics rather than evidence," Stablein added. "He is confident that justice will prevail, and he looks forward to the date when his innocence will be demonstrated in a court of law."

Richard Lynch, the court administrator for Oakland County's 6th Circuit, said DePerno and Rendon were arraigned Tuesday afternoon remotely on Zoom before Matis and released on $5,000 personal bonds.

Challenging election results

DePerno rose to fame among Republicans for challenging the 2020 election results in northern Michigan's Antrim County, where human errors caused the initial tallies to be incorrect. In September 2021, Trump endorsed DePerno for attorney general, the state's top law enforcement position.

In June 2021, Rendon publicly claimed to have evidence "reflecting systematic election fraud in Michigan," though it was never clear what the lawmaker was referring to. After the 2020 election, Rendon had asked local clerks in her northern Michigan district for access to their voting machines. She left the House because of term limits at the end of 2022.

More:Lawmaker offered 'forensic audit' in bid to access Michigan voting machines

In February 2022, Secretary of State Jocelyn Benson, a Democrat, asked the Michigan State Police to investigate reports that an "unnamed third party" had been granted access to voting technology in Roscommon County.

About six months later, Nessel revealed allegations that a group of high-profile figures in the movement to dispute the 2020 presidential election engaged in a conspiracy to gain improper access to voting machines.

Nessel's office named nine individuals who had been involved in a scheme to convince local clerks in three counties to hand over tabulators, take the tabulators to rental properties in Oakland County, break into the machines and perform "tests" on the equipment.

The nine included DePerno and lawyer Stefanie Lambert as well as Barry County Sheriff Dar Leaf; Rendon, then a Republican lawmaker from Lake City; and Douglas Logan, the founder of Cyber Ninjas, who was involved in the audit of 2020 election results in Arizona's Maricopa County.

Leaf, who attempted to conduct an election fraud probe in his conservative county, said in a text message Tuesday that he didn't expect to be charged in the special prosecutor's investigation.

More:Prosecutor describes 'multiple crimes' in Michigan voting equipment investigation

More:Judge rules Michigan law broadly bans 'undue possession' of voting machines

More:The DePerno 9: Outspoken election critics tied to Michigan tabulator 'conspiracy'

Nessel's office sought the appointment of a special prosecutor to consider an array of charges because, at the time, DePerno was the Republican candidate for attorney general. He lost to Nessel, a Democrat, by 9 percentage points in November.

In September, the Prosecuting Attorneys Coordinating Council announced Hilson's assignment to the case.

Ruling lays basis for charge

Hilson, a Muskegon County Democrat, has spent months investigating the case. The Detroit News first reported in April that Hilson had used a grand jury to weigh charges. As those proceedings played out largely in secret, Hilson sought a ruling from Oakland County Circuit Judge Phyllis McMillen on who can access voting machines in Michigan.

Lambert and DePerno have argued that because clerks granted them access to the voting machines, their use of the equipment was legal.

But on July 12, McMillen sided with Hilson's reading of the law, saying it was illegal for someone to take possession of a voting tabulator without authorization from the Secretary of State's office or a court order.

Lambert told the Conservative Daily Podcast last week that her attorney had been informed she had also been indicted on charges related to the tabulator investigation. She said she expected her arraignment to take place Thursday. Lambert criticized Hilson’s investigation at length during the interview.

“D.J. Hilson misrepresented important statutory and constitutional law and failed to advise the court and grand jury of the applicable law,” she said.

Lambert has previously been involved in multiple lawsuits, claiming there was fraud in the 2020 presidential election. She helped orchestrate the "coordinated plan to gain access to voting tabulators" in Michigan, according to a past statement from the Attorney General's office.

On Tuesday, Nessel said a grand jury indictment, like the ones revealed against DePerno and Rendon, required a prosecutor to "meet a much higher threshold than the more routine charging process in Michigan."

“We know the 2020 presidential election in Michigan was the most heavily scrutinized election in American history, and every audit and review found the election to be secure, fair and accurate to the will of the voters," Nessel said. "The alleged actions by these defendants, and others, who worked to erode trust in our election system caused undeniable harm to our democracy."

Biden won Michigan in the 2020 presidential election by 154,188 votes or 3 percentage points over Trump.

cmauger@detroitnews.com

Staff Writers Jennifer Chambers and Beth LeBlanc contributed.