STATE ELECTION BOARD: OCTOBER 21ST, 2015 HEARING

In attendance:

Brian Kemp (Chairman of State Election Board)

Tex McIver (Member of State Election Board)

David Worley (Member of State Election Board)

Rebecca Sullivan (Member of State Election Board)

Introduction

Chairman Kemp asked if the members would like to pull any of the consent cases out of the lineup, otherwise he would move to dismiss the cases as a whole. SEB Consent Cases No.2014-069, No.2015-026, and SEB Case No. 2015-034 were pulled for further discussion. Member Worley moved to dismiss all remaining consent cases. Member McIver seconded. The motion passed unanimously.

Consent Cases Presented By Russell Lewis (Interim Chief Investigator)

SEB Case No. 2014-000069

• A poll worker interfered with voting by asking a voter to remove his hat although the hat did not display any campaign-related statements. Legally, the poll worker had no right to interfere.
• DISMISSED

SEB Case No. 2014-000083

• LETTER OF INSTRUCTION ISSUED

SEB Case No. 2015-000032

• Voter was possibly registered in both Arizona and Georgia. Cross-check to ensure voter was only registered in either.
• DISMISSED

SEB Case No. 2015-000036

• Cross-check to identify potential double voters.
• Investigation revealed that none of the individuals under investigation were double voters. Each registered name, while identical to another on the list, identified a unique individual.
• DISMISSED

New Cases Presented By Chief Investigator Lewis and Frances Watson

SEB Case No. 2012-000131

• Twenty-three (23) absentee ballots that should have been rejected by the registrar’s office were accepted. Two (2) ballots contained handwriting errors. There were seven (7) instances of improper contact with voters, occurring when the registrar’s office called voters to correct issues on their registration applications.
• BOUND OVER TO THE ATTORNEY GENERAL

SEB Case No. 2012-000135

Absentee ballots were opened and counted early without proper notice, among other issues.

• BOUND OVER TO THE ATTORNEY GENERAL

SEB Case No. 2012-000178

• Provisional ballot issues
• BOUND OVER TO THE ATTORNEY GENERAL

SEB Case No. 2012-000180

• A woman requested an absentee ballot and it was mailed the same day, but she claimed that she never received it. She proceeded to try to vote in person and was denied the right to vote because she never went to the registrar’s office to sign an affidavit that she did not receive the absentee ballot.
• Chief Investigator Lewis commented that the problem was that the county did not properly document these happenings to support the county’s position.
• Secretary Kemp commented that the proper process was to send her to the registrar’s office, cancel absentee ballot, and let her vote in person.
• Teresa Cox, attorney for Gwinnett County Board of Elections Gwinnett County Board of Elections, commented that although that is the general process, which is usually documented, the registrar’s office cannot be held responsible for the poll manager’s failing (as the poll manager did not properly document the incident).
• LETTER OF INSTRUCTION ISSUED AND ALL CHARGES DROPPED

SEB Case No. 2012-000200

• Felon voting issue
• Charges DISMISSED against one responded and further investigations will be conducted with regard to the other respondents.

SEB Case No. 2013-000030

• Office neglected to have voters complete and submit certifications, among other issues.
• LETTER OF INSTRUCTION ISSUED

SEB Case No. 2014-000013

• Improper assistance with completing ballots
• LETTER OF INSTRUCTION ISSUED with regard to the board of elections and one of the respondents
• Remaining respondents (those who were absent from this meeting) BOUND OVER TO THE ATTORNEY GENERAL

SEB Case No. 2014-000019

• Provisional ballot issue.
• Ballots were placed in the wrong containers, and one voter was told he had to wait to vote because there were insufficient ballots. The voter was advised that the ballots were on their way and would be there shortly.
• LETTER OF INSTRUCTION ISSUED

SEB Case No. 2014-000032

• Voter tried to change his address in the voter registration database, but this change was not recorded by the Fulton library.
• DISMISSED

SEB Case No. 2012-000142

• A registration application was not processed in a timely manner. The application had been placed in a desk drawer and found later.
• BOUND OVER TO THE ATTORNEY GENERAL

SEB Case No. 2012-000144

• Campaign activity was recorded near polls
• BOUND OVER to THE ATTORNEY GENERAL

SEB Case No. 2012-000201

• Questionable voter registration applications.
• For example, one woman had legally changed her name but completed her voter registration with her previous name.
• BOUND OVER TO THE ATTORNEY GENERAL

SEB Case No. 2014-000020

• A poll worker was found campaigning near the polling locations.
• BOUND OVER TO THE ATTORNEY GENERAL

SEB Case No. 2014-000035

• A voter received an incorrect ballot when voting.
• BOUND OVER TO THE ATTORNEY GENERAL

SEB Case No. 2012-000070

• Proposed change to the law on absentee balloting would expand the definition of ‘identification’ to include electronic signatures on an absentee ballot application.

10-21-2015_Agenda

SEB-provided Meeting Summary