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Georgia State Election Board Continues to Ignore Possible Election Violations

Press Release

*   *   * UPDATE *   *   *

Chairman Rules Fulton Criminal Referral Motions Out of Order

Evidence Shows Tens of Thousands of Unsourced Certified Votes

 ATLANTA, MAY 9, 2024 – Georgia State Election Board (SEB) Chairman John Fervier ruled motions out of order yesterday when two board members attempted for the second time to refer Fulton County 2020 electronic vote processing violations involving tens of thousands of ballots to the Attorney General for investigation and prosecution. Rick Jeffares made a reconsideration motion to refer evidence of failure to provide or retain 173 required documents involving 20,713 certified votes that have no source tabulator. Dr. Janice Johnston made a similar reconsideration motion to refer evidence of failure to provide or retain over 17,852 ballot images for certified votes.

Chairman Fervier told Mr. Jeffares: “The chair is ruling your motion to be out of order since it was not properly initiated and noticed and placed on the agenda” and similarly told Dr. Johnston: “The chair rules that motion out of order since it was not properly noticed and placed on the agenda”. The SEB has never required motions to be placed on the agenda before they are made.

On the previous day, Dr. Johnston made a series of original motions in an attempt to have the Fulton’s election results corrected so that they are accurate and have the violations investigated by the Attorney General. Although referral is a routine practice for even one or two minor violations, all of her motions for the SEB2023-025 complaint failed. She was unable to get a second for those motions since Jeffares did not participate during the complaint hearing the previous day. Her original motions were to:

  • Amend all election records and Risk Limiting Audit totals to reflect the correct totals;
  • Request the SOS to invalidate 17,852 certified votes that have no ballot images or identify and authenticate the source of the ballots for those votes;
  • Request the SOS to expunge the 20,713 votes that have no source tabulator or to authenticate where the votes originated;
  • Refer the evidence to the Attorney General for investigation and prosecution;
  • Recommend a monitor team to oversee the Fulton Co 2024 election.

The SEB passed on that day an alternative motion to implement a monitoring team for the 2024 Fulton County elections and issue a letter of reprimand for only two rule violations. Dr. Johnston made another attempt then to have the evidence referred to Attorney General’s office but it failed.

Chairman Fervier left the door open for reconsideration at a future meeting by telling both members that: “The chair will inquire of legal counsel as to whether this motion can be heard at a future board meeting given that the board has previously ruled on this matter.”

 

Original story follows

 

ATLANTA – The Georgia State Election Board (SEB) refused yesterday afternoon to refer the most important case in its history to the Attorney General (AG) for investigation and prosecution. The SEB heard evidence in its quarterly meeting of over 140 violations of Georgia law and rules allegedly committed by Fulton County in processing electronic results during the 2020 election.

The violations stemmed from complaint SEB2023-025 which identified up to 58,924 ballots cast and counted that had no source justification. Specific allegations with some possible overlaps are:

  • 20,713 ballots with certified votes have no source tabulator from which they should have originated;
  • 17,852 ballots with certified votes had no ballot images that are required for vote tabulation;
  • 17,234 unsourced votes found after certification and used to balance audit results;
  •   3,125 double scanned and double counted ballots

The complaint was based primarily on electronic data from Open Records Requests and an analysis of discovery findings from VoterGA’s still pending 40 month old counterfeit ballot lawsuit against Fulton County. Complainants Kevin Moncla and Joe Rossi, who answered only one question from Dr. Jan Johnston, were not allowed to testify, even though complainant testimony has been a standard practice at SEB meetings for decades until the former chairman discontinued the practice just over a year ago.

Lead SOS investigator, Michael Brunson admitted that ballot images were missing and ballots were double scanned. When Brunson struggled to answer basic technical questions, SOS attorney Charlene McGowan interrupted with comments like: “As long as we have that paper ballot, we have the paper trail that accurately records the voters’ choices”. But McGowan did not tell the board that she and Fulton County have fought for three years to prevent the public from seeing the ballots to verify Fulton County’s 2020 election results. McGowan even filed an amicus brief in VoterGA’s Fulton Co. counterfeit ballot case in an attempt to prevent looking at the ballots. The brief was shown legally and publicly to be riddled with false information.

Dr. Johnston made the motion for referral and to make the ballots public stating that: “With over 140 violations of election code laws and rules it would be a travesty not to refer this to the Attorney General and let this ride”. It is a standard practice for the SEB to refer even one violation of law to the Attorney General’s office if there is no adequate explanation for it. Dr. Johnson’s motion failed to get a second after the case was moved out of order to a time when board member Rick Jeffares was expected but not present.

Chairman John Fervier used privilege to make his own referral motion but two other board members did not agree. Board member Sara Tindall Ghazal, appointed by the Georgia Democratic Party, made a failed motion to dismiss the complaint altogether. Member Ed Lindsey appointed by former Republican House Speaker David Ralston, refused to second any motion to refer the matter to the AG office. Prior to the vote, 15 public speakers asked Ed Lindsey to resign due to conflicts of interest he has as a paid lobbyist for Georgia counties.

The motions may be re-considered in today’s meeting with Mr. Jeffares participating.

 

VoterGA is a non-partisan, 501(c)3 registered non-profit organization created by a coalition of citizens working to restore election integrity in Geogia. We advocate for independently verifiable, auditable, recount capable, transparent and tamper proof elections.