State Board of Elections Meeting 02/10/21

Meeting Start- 9:00am Meeting end 1:00pm

Members Present 

Secretary of State Brad Raffensperger, Chairperson  

Mrs. Rebecca N. Sullivan, Vice Chair

Mr. David J. Worley

Mr. Matthew Mashburn

Mrs. Anh Le

Approval of past minutes

Elections Debrief, Ryan Germany: 

-Expected a “tough” election year due to rolling out new machines but Covid changed how people wanted to vote

-Counties “performed admirably” – absentee volume caused some issues mostly in June primary (names Fulton)  but compliments Nov and Jan process

-Dominion machines “performed well” and issues that were seen were user error; other claims are litigation

-Did not see any issues of election officials cheating; officials did “an excellent job in very difficult circumstances” 

-No evidence of widespread fraud

-”Always” some number of ineligible voters voting in some election. Easier to “go after them” after the fact (of allowing them to vote); the numbers “thrown about” of large numbers is “not what we’re seeing at all”  

-0 underage voters; 0 unregistered

-They are investigating “74 potential felon voters”  – not nearly the number suggested 

-Investigating possibly 2 voters who may have voted in two states 

-What is “tough” is people who are registered but don’t live in Georgia. Some are still eligible (i.e. military); using NCOA data now to check on these – this will be elevated due to increase in absentee but will be “nowhere close” to the margin

-”Definitely” saw in both Nov. and Jan. “third party” organizations “interested in who wins” were “pushing the envelope” with the rules. Names monitors, polling place restrictions and people going “over the line” at precincts. Also says orgs were reaching out to people who lived out of state saying they could still vote in GA. 

-Overall points – 1) first election with new system so we “learned some things”; 2) all indications are that we’ll have “very close elections” in GA going forward – so SEB needs to think about procedures that are “good” for very close elections; 3) decrease in confidence in elections systems and legitimacy in elections results – due to “actions by certain candidates after the election” over the past few years

-Need to think through – confidence for voters, processes for close elections, what did we learn from 2020 

-Confirms – everything has been counted and everything has been audited 

Consent Cases:   Motion to agree to suggestions of Att’y General, dismiss all 

SEB Case No. 2015-102 City of Davisboro (Washington County) 

SEB Case No. 2016-135 Lee County (Suspicious VR) 

SEB Case No. 2018-117 Chatham County (Absentee Ballots) 

SEB Case No. 2020-007 Stephens County (Duty & Powers of Election Supervisor) 

SEB Case No. 2020-011 Macon County (Sign Placement) 

SEB Case No. 2020-021 Fulton County (Absentee Ballot) 

SEB Case No. 2020-028 Spalding County (Poll Worker Issue) 

SEB Case No. 2020-046 Lincoln County (Cast Ballot) 

SEB Case No. 2020-051 Newton County (Cast Ballot) 

SEB Case No. 2020-055 Douglas County (Candidate Drop Off AB) 

SEB Case No. 2020-084 Pickens County (Voter Qualification)

SEB Case No. 2020-085 Fayette County (Absentee Ballot)

SEB Case No. 2020-092 Towns County (Residency) 

SEB Case No. 2020-102 Gwinnett County (Suspicious Drop-Off) 

Letter Cases: Voted on in block – Dismissed 

SEB Case No. 2017-022 Fulton County (Problems at Polling Places) 

SEB Case No. 2017-027 Fulton County (JC19 Johns Creek Env. Campus Delayed) 

SEB Case No. 2019-024 Fulton County (Improper Storage of Elections Equipment) 

SEB Case No. 2020-004 Fulton County (Photograph in Poll) 

SEB Case No. 2020-070 Fulton County (21-2-384 (b))

New Cases: 

SEB Case No. 2016-070 Gilmer County (Felon Voting) 

  • Voter voted in 9 elections while still on probation – unaware he was considered felon under sentence; suggest turn over to AG – add’l suggestion to send over to local DA
  • Q from SEB – how did we miss this so many times? SOS office says likely because it was out of state conviction 
  • Atty questions on statute of limitations and notes voter had pardon

SEB Case No. 2016-073 City of Sandy Springs (Precinct Notification/Location) 

  • Failed to notify voters of change of precincts ahead of May 2016 special election
  • Fulton did not send out precinct cards on updated precinct changes 
  • Fulton said Sandy Springs conducted a fully separate election – Fulton shouldn’t be part of this
  • City said they gave proper notice
  • Turned over to AG 

SEB Case No. 2016-108 Muscogee County (Voter Registration) 

  • Nancy Boren reported “suspicious” applications; voter registration canvasser “Khalil” reported to falsely have filled the applications out – voters filled out applications for family
  • One voter sent to AG; another sent letter 

SEB Case No. 2016-118 Fulton County (Ballot Style) 

  • Voters complained of wrong ballots in May primaries and July runoffs – misidentified as voting in the other party in primary 
  • Fulton argues that they were not notified of investigation – did not have a chance to do their own investigation in the past past 5 years; received notices of 21 cases today less than two weeks ago
  • Fulton bound to AG office

SEB Case No. 2016-133 Fulton County (Notice of Challenge Hearing) 

  • Voter notified of challenge as he goes to vote – did not get notice of hearing
  • Voter also used an address in Roswell knowing he didn’t live there
  • Both bound to AG office

SEB Case No. 2016-170 Fulton County (Absentee Ballot 21-2-381) 

  • Absentee ballot for one voter sent to the wrong voter, voter never got his ballot 
  • Fulton bound to AG office 

SEB Case No. 2016-179 Fulton County (Cast Ballots) 

  • Voters were told they had not voted by robocall – voters didn’t show in system so voted again
  • Suggest all 5 voters turned over to AG as they all repeat voted; Fulton too 
  • Bound to AG

SEB Case No. 2016-181 Fulton County (Absentee Ballot)

  • 12/2016 The voter had not voted by absentee and information was not correct; the official provided provisional ballot after completing affidavit clearing absentee; the voter when to vote and told they were voted by absentee; the voter was incorrectly credited voted by absentee and no record for provisional ballot 
  • Bound to AG for the recommendation

SEB Case No. 2017-001 Walker County (Interference with perf. of Election) 

  • Mr. Cooper interrupted by poll worker
  • Send the letter of instruction to Mr. Cooper

SEB Case No. 2017-008 Fulton County (Felon 21-2-216 (b)) 

  • False registration 

SEB Case No. 2017-009 Treutlen County (Districting Issues)

  • Changed 6 to 2 precincts without notifying SoS
  • Bound to AG 

SEB Case No. 2017-010 City of Culloden (Opening of Poll Location)

  • Poll did not open at 7 am; the city did not advertise about the runoff election; the poll was not ready to receive voter at opening
  • Bound to AG

SEB Case No. 2017-021 Cobb County (Repeat Voters)

  • 4/2017 voter voted twice; one at advanced poll location and the other one via provisional; voter did tell the poll worker he voted but still received provisional from the poll worker
  • Richard Rector the voter said he followed the instruction of the poll worker; the voter told the poll worker he voted advanced but the poll worker checked the system the voter was not voted so provided a provisional ballot — the time lapse between two votes is 10 minutes between the first poll location and the provisional. 
  • In fact the provisional ballot Mr. Rector casted did not count – so technically the voter did not vote twice
  • Dismiss the case – no second
  • Issue a letter of instruction that the voter be aware of what’s wrong and not comply to the wrong instruction provided and bring the issue to the superintendent

SEB Case No. 2017-026 Fulton County (RW22A Centennial HS Delayed Opening)

  •  The poll location opened late 4/2018 due to shortage of poll workers; some poll workers called out; no impact to the voters
  • Bound to AG
  • By Fulton county, since no impact to the voters so not be bound over 
  • A letter of instruction suggested

SEB Case No. 2017-028 Fulton County (Express Poll Set-up RW06)

  • 4/2017 voter turned away from express poll set-up; municipal election 2018? Failed to provide provisional ballots
  • Bound to AG

SEB Case No. 2017-032 Coweta County (Repeat Voter)

  • 5/2017 John Hall the voter voted OH and GA
  • John Hall did not recall but understands this should not be happened
  • Bound to AG

SEB Case No. 2017-033 Cobb County (Absentee Voting Unqualified Elector)

  • 6/2017 three electors voted from the addresses not relied; signing oath the address the v
  • Sarah Golden (one of the three electors)requested absentee ballot but did not receive it; when to the poll location and filled out the form to change address; later on received the absentee ballot was invalid and rejected
  • A letter of instruction to Ms. Golden 
  • Two other violations to AG

SEB Case No. 2017-034 Fulton County (Poll Location Set Up) 

  • 5/2016&17 DRE not properly set up 
  • A letter of instruction to Fulton county

SEB Case No. 2017-035 Cobb County (Voter Registration) 

  • False registration via dds; stated wrong address when applying dds and no intention to vote
  • Bound to AG

SEB Case No. 2017-039 Paulding County (Voter Registration) 

  • False registration, non intentional, wrong address. 
  • Bound to AG & DA

SEB Case No. 2017-040 Fulton County (Non-Citizen) 

  • Non-resident registered in Fulton County when applying at the DDS; was not fluent in English
  • Mr. Sallmon registered to vote, translation issues – issues understanding the forum, non intentional; at the time once found out Mrs.S fixed the issues, unregistered him and went through the proper directions.
  • Bound to AG & DA and send letter to DDS 

SEB Case No. 2018-020 Fayette County (Qualification of Electors) 

  • Marked voter as having already voted, system error; Ballot was rejected despite the error;Failed to notify proper reason for rejection 
  • Mr. Bridges First time voting; assumption voter was registered; system mix up with family member; DDS and registration issue; Registered voter was rejected because of that mix up;Voter rejected was given a provisional ballot; provisional ballot wasn’t counted; mistake made by poll worker
  • Fayette Co. Board & State liaison at the time supported those actions
  • Case dismissed
  • Letter of instruction sent to Jalien Ridges

SEB Case No. 2018-040 Fulton/DeKalb County (Voter Registration Applications) 

  • Complaint from Helen Butler, investigation on canvasser filing 70 fraudulent registration applications
  • Bound to AG & DA

SEB Case No. 2018-041 Cherokee County (Felon Voter)

  • Still serving a felony sentence while voting
  • Bound to AG

SEB Case No. 2018-069 Webster County (Qualifications of Elector) 

  • Accidentally allowed unregistered voter to vote; Voter repeated their vote; Unintentional
  • Letter of instruction to Webster County & to Summer Jones

SEB Case No. 2018-070 Lowndes County (Absentee Ballot & Application) 

  • Alleged fraudulent absentee ballot, forgery by family member
  • Bound to AG 

SEB Case No. 2018-094 DeKalb County (Felon Voter) 

  • Nov 7; Vote occurred while still serving felony sentence; unintentional; Wasn’t fully aware of rules
  • Bound to AG

SEB Case No. 2018-099 Lowndes County (Voter Registration) 

  • Voter used complainant address to register to vote; unlikely it was a mistake 
  • Bound to AG 

SEB Case No. 2019-004 Muscogee County (Voter Registration) 

  • Voter under felony sentence at the time of voting; provisional ballot rejected because voter failed to provide paperwork that his voter registration had changed 
  • Bound to AG

SEB Case No. 2019-005 Fulton County (Voter Registrations) 

  • Canvassers coming to UPS store looking for people to vote at that address; 12 registered voters using UPS address for voter registration address
  • Send letters to voters who changed their address 

SEB Case No. 2019-008 Gwinnett County (Private Voter Registration Drive) 

  • NGP voter registration apps failed to be delivered in the 10 day window 
  • David Woorly recuses himself 
  • AG office clarifies: NGP is respondent but CEO at time was Rev. Warnock. He will be notified as well but the org is the respondent
  • Bound to AG 

SEB Case No. 2019-017 Barrow County (Qualifications of Elector) 

  • Non US citizen voted in several elections (8 between 2000 and 2014)
  • Voter didn’t realize he was allowed to vote in CA but not GA 
  • Bound to AG
  • Move to DA’s in Walker, Gwinnett, Barrow 

SEB Case No. 2019-021 Newton County (Non-Citizen Voter) 

  • Voter marked no for “are you a US citizen?”
  • Voter participated in previous elections 
  • His mother was nationalized and thought citizenship was automatic for him 
  • Bound to AG 

SEB Case No. 2019-023 Henry County (Non-Citizen Voting)

  • Non-citizen voted in 2004, 2008, and 2012
  • Registration date in 2008 and changed address in 2010
  • 2014 voter registration was rejected due to noncitizenship 
  • Bound to AG 

SEB Case No. 2019-026 Gwinnett County (Voter Registration)

  • 2 of 3 voter registrations had fraudulent date of birth; no contact with voter  
  • Bound to AG 

SEB Case No. 2019-032 Fulton County (Voter Registration) 

  • Voter fraudulently used home address for voter registration; confirmed he never lived at the address provided 
  • Bound to AG 
  • Request investigators office to look into the canvasser 

SEB Case No. 2019-055 Fulton County/Union City (Absentee Ballot Issue)

  •  Voter agreed she used her signature on AB; she went to vote in person but was advised she already voted; voter said she had not and voted again
  • Bound to AG 

SEB Case No. 2020-014 Fulton County (Absentee Ballot Drop Box) 

  • Voter found AB dropbox key in dropbox; put her ballot in and discovered it wasn’t counted
  • Key was left in dropbox but nothing was tampered with; complainant obtained the key and turned it over to the police
  • If voter didn’t have outer envelope it’s not clear if its the voters fault for it not being counted or the countys 
  • 2-2 vote, SOS votes No to send it back to the board
  • Bound to AG (3-2)

SEB Case No. 2020-020 Telfair County (AB Drop Box) 

  • Discovered a cardboard box being used to store absentee ballots 
  • County added box with proper lock
  • Bound to AG

SEB Case No. 2020-115 Gwinnett County (Vote Buying)

  • Posted on nextdoor that he had two absentee ballots for sale 
  • Both ballots were confirmed to be in his name, voter said he had no intention of actually selling the ballots 
  • Respondent told complainant that he wasn’t serious and wanted to remove the complaint
  • Letter of instruction sent to voter

SEB Case No. 2020-119 Macon County (Unsecure AB Drop Box) 

  • Voter discovered unsecure dropbox and absentee ballots were found in a cardboard box; county ordered metal box with lock; metal box was installed shortly after complaint 
  • Bound to AG 

SEB Case No. 2020-194 Floyd County (Missing Ballots)

  •  

SEB Case No. 2020-197 Fayette County (Ballot Issue) 

  • Failed to insure all votes on memory cards were uploaded; assumed there would only be 4 voter cards but one was overlooked; card was left in scanner in stored with over 2000+ votes
  • Fayette conducted own investigation that sound numerous error; Election Director resigned and no longer works for the county 
  • Checks and balances were put in place to ensure this doesn’t happen again per county lawyer 
  • Bound to AG

AG Report

  • SEB Case No. 2016-113
    • Non citizen voter; respondent agreed to consent order and $500 civil penalty 
  • SEB Case No. 2015-089
    • Improper handling of absentee ballots; respondent agreed to consent order (cease and desist) and $500 civil penalty
  • SOS: accept AG’s  recommendations and sign AG report

Did you know that the public can attend Board of Registration and Elections meetings? 

These meetings are open to the public by Georgia law. Georgia Open Meetings Act.

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