Board of State Canvassers finds recall petition against Grand Traverse County prosecutor sufficient

On June 5, 2026, the Michigan Board of State Canvassers voted to determine that the reasons for recall printed on the petition submitted by Brenda DeKuyper against Grand Traverse County Prosecuting Attorney Noel Mogenberg are factual and sufficiently clear.

Director Breider read the printed reasons for recall included with the petition, which allege that the prosecutor failed to initiate or complete investigative measures and failed to consult victims before plea agreements in several cases named in the petition. Portions of the read text in the transcript are redacted and some allegations refer to case names and dates; the board did not add facts beyond what Breider read aloud.

The petitioner’s witnesses were sworn in before speaking. Andrea Flowers said she had revised the petition language to clarify which cases were referenced and told the board she had signature sheets ready to circulate. "I also made the changes, in regards to the concerns about the...words failed to do something," Flowers said, adding the edits were intended to identify responsibility for pursuing further investigation.

Brenda DeKuyper, who identified herself and spelled her name for the record, told the board that local media coverage has made the cases publicly known and said an upcoming article will describe "Sam" and a surgical-robotics project connected to him. The board asked no factual questions that changed the petition text before voting.

A member moved that the board determine the reasons printed on the petition dated 05/22/2026 are factual and sufficiently clear because they set forth decisions made by the prosecuting attorney in two specific cases and the basis for contending those decisions were wrong; a second followed. After clarifying the correct petition submission date and whether the board was taking a new vote or modifying the record, the board voted in favor. The chair announced, "The motion passes." The board returned the petition to the filer.

The chair instructed petitioners to consult the bureau's manuals on gathering signatures available on the Secretary of State website and offered staff assistance: "Before you print those petitions and before you go out and gather signatures, will you take the time to download our manuals on gathering signatures on the website," the chair said, adding staff would provide links and guidance on rules such as font-size requirements for typed signature sheets.

The board's action was procedural: it found the petition's written reasons met the statutory sufficiency standard to allow petition circulation. The board did not adopt findings about the underlying factual allegations beyond deciding the written reasons were sufficiently clear for circulation.