May 5, 2016 - Phone 919-715-8213. Fax: 919-715-0135
. E-mail correspondence to and from this addre
IRREGULARITIES AFFECTING DURHAM PROVISIONAL CANVASS RESULTS Unity (Canvassed 3/22) DEMOCRATIC 689 LIBERTARIAN 1 NONPARTISAN 4 REPUBLICAN 345 TOTAL 1039
Δ
(70) (06) (09) 85 0
Provisional Module – Count/Partial Count (on Canvas Day 3/22) DEMOCRATIC LIBERTARIAN NONPARTISAN REPUBLICAN
759 7 13 260
TOTAL 1039
NUMBER OF BALLOTS (COUNTED/PARTIAL/NOT COUNTED) All Provisional Ballots Provisional Module Ballot Control Forms 1918 1841
BALLOTS SEPARATED FROM PROVISIONAL VOTING APPLICATION Durham did not always keep provisional ballots with the corresponding provisional voting application. Ballots with different dispositions (fully counted/partially counted/not counted) are now co-mingled.
BALLOT CATEGORIES Absentee (mail & early voting) Ballots are marked with a unique number linked to the voter
Election Day
Provisional
Ballots are unmarked
Ballots are marked to indicate provisional status (GS 163166.11A), but not linked to particular voter (GS 163165(6)) Ballot placed into an envelope displaying the voters’ information and provisional voting application
Tabulation permitted at various times by resolution (GS 163-234)
Tabulated on Election Day in the precinct (GS 163-182.2)
PROVISIONAL DISPOSITION CATEGORIES Fully counted Partially counted Voter was eligible to participate in all contests on the ballot
Voter was eligible to participate in some but not all contests on the ballot
Researched by staff and tabulated at the county canvass meeting after a decision by the county board members on the application
Not counted Voter was ineligible to participate in any contest on the ballot
PROVISIONAL RECONCILIATION Provisional voting data is entered into a Provisional Module and tabulated results are read into the Unity. Reconciliation requirements are meant to ensure that all the ballots we expect to count based on the board’s decision (Provisional Voting Module) are tabulated (Unity). Provisional Module Unity Notes and decisions (FTP) Results for tabulated ballots
PROCESSING VOTER REGISTRATION Provisional applications also function as a voter registration application. Counties process the voter registration by entering data from the provisional application into the statewide registration system. Separating provisional ballots from their provisional application should not occur unless canvass by the State Board is complete.
From: Sent: To: Cc: Subject:
McCue, George Friday, April 08, 2016 4:27 PM Durham Lawson, Joshua; Degraffenreid, Veronica; Strach, Kim; Neesby, Brian Durham County provisionals
Hi Michael, just wanted to follow up to see if you had or will be sending an e‐mail on the status of that provisional ballot reconciliation issue you called me about earlier today. Other SBE staff are keeping track of remaining reconciliation issues so we can determine when the state can certify multi‐county and state‐level results. Thanks, George George E. McCue Agency Counsel North Carolina State Board of Elections P.O. Box 27255 Raleigh, NC 27611 Phone 919‐715‐8213 Fax: 919‐715‐0135
[email protected] E‐mail correspondence to and from this address may be subject to North Carolina public records laws and may be disclosed to third parties by an authorized official.
From: Sent: To: Cc: Subject: Attachments:
Perry, Michael Friday, April 08, 2016 6:29 PM McCue, George Strach, Kim; Lawson, Joshua; Degraffenreid, Veronica; Siler, Lowell; Dawn Baxton;
[email protected]; William J. Brian Jr. (
[email protected]) Durham County provisional ballots resignation_29March2016 - Copy.pdf
Importance:
High
George, As we discussed earlier, I have some serious concerns about our reported provisional counts. A few days after our canvass, a temporary staff member asked to speak with me privately. She tearfully told me that when tabulating provisional ballots, she was directed by a BOE staff member to run some ballots a second time to get the ballot count number to match. She felt this was wrong and likely illegal. Another temporary staff member stated that they had heard the same instructions. I assured them both that this was unacceptable, and not how we operate. After this claim, we attempted to run all of the ballots again. When we completed this effort, we were short on the number of ballots cast. It was at this time that other temp staff members came forward stating that there was a tote of unopened and uncounted ballots present after everything was supposedly completed. We are short approximately 200 ballots and have searched everywhere on our floor and the basement. The regular staff member that was supervising the counting and tabulating operation did not provide any useful information, only stating that he didn’t know what happened to them. Complicating the matter, that same staff member abruptly resigned on march 29th. His resignation document, given directly to HR, is attached. We discovered afterwards that his personal items had already been removed from his office. We are continuing to search for the ballots and at the same time, attempting to recreate, as best we can, the entire process. Provisional ballot counts received from polling locations are verified during an election night audit and One‐ stop counts confirmed when supplies are returned on the last day so we should have a solid target number. Please let me know if there is any other immediate action any of us need to take. We will keep everyone informed of our progress. Regards,
MICHAEL E. PERRY | DIRECTOR OF ELECTIONS
201 N. Roxboro Street Durham, North Carolina 27701 Mailing Address: PO Box 868, Durham, NC 27702 Office (919) 560-0691 | Fax (919) 560-0688
From: Sent: To: Cc:
Subject:
Lawson, Joshua Friday, April 08, 2016 7:08 PM Michael Perry; McCue, George SBOE_Grp - Legal.Team; William J. Brian Jr. (
[email protected]);
[email protected]; Siler, Lowell; Strach, Kim; Dawn Baxton; SVC_SBOE.Legal.SBOE; Degraffenreid, Veronica Re: Durham County provisional ballots
Director Perry: Please assemble and preserve all records relating to this incident, including all statements, notes, telephone records, recordings, text/sms exchanges, and any other documents or logs that may be relevant to an inquiry regarding this matter. Ensure also that any computer or device used by the former staffer is preserved (do not wipe the devise). Be advised that destruction of any material described could be consider spoliation of evidence in a criminal investigation. I am not your counsel, and I encourage you to consult with counsel at your earliest opportunity. In the interest of preserving your recollection of events, I encourage you to memorialize in writing the all facts regarding this incident. At your earliest opportunity, please supply the State Board of Elections all known contact information you have for your former staff member and all temporary employees who your mentioned. If you know either is represented by counsel, please pass along that information as well. Sincerely, _ Josh Lawson | General Counsel o: 919-715-9194 | f: 919-7150135 _____________________________ From: Perry, Michael Sent: Friday, April 8, 2016 6:29 PM Subject: Durham County provisional ballots To: McCue, George Cc: Lawson, Joshua , William J. Brian Jr. (
[email protected]) , Dawn Baxton , , Strach, Kim , Siler, Lowell , Degraffenreid, Veronica
George, As we discussed earlier, I have some serious concerns about our reported provisional counts. A few days after our canvass, a temporary staff member asked to speak with me privately. She tearfully told me that when tabulating provisional ballots, she was directed by a BOE staff member to run some ballots a second time to get the ballot count number to match. She felt this was wrong and likely illegal. Another temporary staff member stated that they had heard the same instructions. I assured them both that this was unacceptable, and not how we operate. After this claim, we attempted to run all of the ballots again. When we completed this effort, we were short on the number of ballots cast. It 1
was at this time that other temp staff members came forward stating that there was a tote of unopened and uncounted ballots present after everything was supposedly completed. We are short approximately 200 ballots and have searched everywhere on our floor and the basement. The regular staff member that was supervising the counting and tabulating operation did not provide any useful information, only stating that he didn’t know what happened to them. Complicating the matter, that same staff member abruptly resigned on march 29th. His resignation document, given directly to HR, is attached. We discovered afterwards that his personal items had already been removed from his office. We are continuing to search for the ballots and at the same time, attempting to recreate, as best we can, the entire process. Provisional ballot counts received from polling locations are verified during an election night audit and One‐ stop counts confirmed when supplies are returned on the last day so we should have a solid target number. Please let me know if there is any other immediate action any of us need to take. We will keep everyone informed of our progress. Regards,
MICHAEL E. PERRY | DIRECTOR OF ELECTIONS
201 N. Roxboro Street Durham, North Carolina 27701 Mailing Address: PO Box 868, Durham, NC 27702 Office (919) 560-0691 | Fax (919) 560-0688
2
STATE OF NORTH CAROLINA WAKE COUNTY
THE STATE BOARD OF ELECTIONS
SUBPOENA (N.C. Gen. Stat. §163-23) IN THE MATTER OF: REVIEW OF IRREGULARITIES AFFECTING THE CANVASS OF PROVISIONAL BALLOTS CAST DURING THE MARCH 2016 STATEWIDE PRIMARY ELECTION
) ) ) ) )
__ _ To appear in Person _ X To produce papers, books, records, or other evidence
TO: DURHAM COUNTY BOARD OF ELECTIONS 201 ROXBORO STREET, DURHAM, NC 27701
YOU ARE COMMANDED TO: __ _ Appear and testify in the above-entitled hearing at the place, date and time indicated below. _X_ Produce the following items at the place, date and time indicated below. (SEE ATTACHED SHEET FOR ITEMS TO BE PRODUCED) Failure to appear/and or to produce may lead to up to 30 days imprisonment upon the order of the State Board of Elections (N.C. Gen. Stat. § 163-24).
Location of Production: Durham County Board of Elections Office 201 N. Roxboro Street, Durham, NC 27701
___________________________________ Date and Time to Appear/Produce Friday, April 22, 2016 at 12:00 p.m. And Continuing Thereafter Until Further Ordered by the State Board ___________________________________
Name of Person Requesting Subpoena: (Requested by the undersigned at the request of interested parties in this protest) NC State Board of Elections, Grant Whitney, Chair Name
_PO Box 27255____ Street/Post Office Box __Raleigh, NC 27611 City/State/Zip
Issued on the 22nd day of April, 2016
_
(919) 733-7173 (phone) (919) 715-0135 (fax) __________________________________ Signed by: . Grant Whitney Chair, State Board of Elections RETURN OF SERVICE I certify that this subpoena was received and served as follows: ___ ___ X ___
By delivering a copy of this subpoena to the person named Date served ___________ Time Served _______________ By registered or certified mail, return receipt requested on the person named Date Mailed _______________________ SERVICE WAIVED BY DURHAM This subpoena was NOT served for the following reasons: COUNSEL, MARIE INSERRA (NOTE BY JOSH LAWSON 4/22/2016) _______________________________ Signature of Authorized Server ________________ (Date received by authorized server)
ATTACHMENT 1 OF 1
1. Produce any and all papers, books, or records associated with efforts by the Durham County Board of Elections to review, tabulate, and otherwise canvass the results of the 2016 March Primary Election or to conduct ballot reconciliation or other auditing efforts after the canvass, including but not limited to the following: a) b) c) d) e) f) g) h) i) j)
Provisional Envelopes; Provisional Ballots; EVID activators, transaction logs, and voter history export files; Poll book logs regarding provisional voters; Election Night Audit Logs; Ballot Control Forms; PCMCIA memory cards; Result Tapes; Notes and other evidence of reconciliation efforts; and Notes and other evidence of communications by and between agents of the Durham County Board of Elections regarding procedures, practices, or conduct affecting the 2016 March Primary Election.
From: Sent: To: Cc:
Inserra, Marie Friday, April 22, 2016 1:09 PM Lawson, Joshua Siler, Lowell
Further to our conversation today, please accept this as conformation that we accept service of the subpoena and waive more formal service. Thank you. Should you have any questions or if I may be of any further assistance please feel free to contact the undersigned. Marie Inserra | Senior Assistant County Attorney
Office of the County Attorney 200 East Main Street 2nd Floor P.O. Box 3508 Durham, North Carolina 27701 (27702) Office (919) 560-0655 | Fax (919) 560-0719
[email protected] Attorney Privileged and Confidential: This email and its attachments may contain privileged and confidential information by virtue of the attorney client privilege and intended solely for the use of individual or entity to which it is addressed. If you are not the recipient, or the employee or agent responsible for delivering this message to the intended recipient, you are hereby notified that any review, dissemination, distribution, printing or copying of this email message and/or any attachments is strictly prohibited. If you have received this transmission in error, please permanently delete this email and any attachments and notify the sender immediately by reply e-mail or telephone.
