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  • Uncertified Election Day Poll Tapes Complaint

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    kmoncla
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    Separate complaint from the Uncertified Early Voting Poll Tapes Complaint which showed that all of the poll tapes for Early Voting, representing over 300,000 ballots, were unsigned and therefore uncertified. This complaint shows the same for 50 tabulators used on Election Day.

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    Separate complaint from the Uncertified Early Voting Poll Tapes Complaint which showed that all of the poll tapes for Early Voting, representing over 300,000 ballots, were unsigned and therefore uncertified. This complaint shows the same for 50 tabulators used on Election Day.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as pdf or txt
    2K views71 pages

    Uncertified Election Day Poll Tapes Complaint

    Uploaded by

    kmoncla
    Separate complaint from the Uncertified Early Voting Poll Tapes Complaint which showed that all of the poll tapes for Early Voting, representing over 300,000 ballots, were unsigned and therefore uncertified. This complaint shows the same for 50 tabulators used on Election Day.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Flag for inappropriate content
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    of 71

    fundamental logic, rationale and SEB Rule that we submit this complaint.

    Fulton County provided Election Day poll closing tapes in response to an Open
    Records Request. From those records we were able to ascertain that 58 of the Election Day
    poll closing tapes were unsigned (A true and correct copy of the unsigned Election Day poll
    closing tapes are attached hereto as “Exhibit A”; A true and correct copy of the certification
    from the Fulton County Custodian of Records is attached hereto as “Exhibit B”). The
    aforementioned is in direct violation of:
    Ga. Comp. R. & Regs. 183-1-12-.12 The poll manager and the two witnesses shall cause
    each ballot scanner to print three tapes of the tabulated results and shall sign each tape
    indicating that it is a true and correct copy of the tape produced by the ballot scanner. If the
    poll manager or the witnesses have reason to believe that printed tapes are not a true and
    correct tabulation of the ballots scanned by that ballot scanner, the poll manager or witness
    shall document the reasons and evidence for that belief and inform the election
    superintendent, who shall take appropriate action, in his or her discretion, so that the ballots in
    the ballot box associated with the ballot scanner are accurately tabulated.

    For violation of the State Election Board Rules and Regulations detailed above, we are seeking
    the following relief:

    1. Seek and provide alternate authentication for the results of the unsigned ballot scanner poll
    closing tapes in the form of paper ballots, recap sheets, etc.
    2. Order Fulton County to amend and recertify their election results to reflect those ballot
    scanner poll closing tape results that cannot be verified.
    3. Amend the SEB Rules and Regulations to reflect a proper penalty for future violations.

    Respectfully submitted,

    ___________________________ ____________________________
    Kevin M. Moncla David A. Cross

    2|Page
    Exhibit A
    Uncertified Election Day Poll Closing Tape Ballot Scanner List

    01D-01E ICP 1
    03A ICP
    04B ICP 1
    02L1 ICP 1
    03T ICP
    12H1-12H2 ICP 1
    12S ICP
    AP07A ICP 1
    EP04B ICP 1
    11E3 ICP 1
    11R ICP
    SC11B ICP
    SS13A-SS13B ICP 1
    SS19A ICP 1
    SS19B ICP 1
    01D-01E ICP 2
    06D1 ICP 1
    02B-05D ICP 3
    02L1 ICP 2
    06D1 ICP 2
    07D ICP 2
    07D ICP 1
    10A ICP2
    10B-10I ICP 2
    10D ICP 2
    11C ICP 2
    11E3 ICP 2
    12H1-12H2 ICP 2
    12J ICP 2
    AP14 ICP 2
    CP081-CP083-CP084-CP08A-SC10
    ICP 2
    EP04B ICP 2
    ML02A-ML02B ICP 2
    ML03-ML07A-ML07B ICP 3
    ML04 ICP 2
    PA01 ICP 2
    RW01 ICP 3
    RW02 ICP 2
    SC09A-SC09B ICP 2
    SC15 ICP 2
    SS01 ICP 2
    SS04 ICP 2
    SS09A ICP 2
    SS13A-SS13B ICP 2
    SS19A ICP 2
    SS19B ICP 2
    10B-10I ICP 1
    11K ICP
    AP14 ICP 1
    CP081-CP083-CP084_CP8A-SC10 ICP
    EP02A-EP02C ICP 1
    RW01 ICP 1
    RW02 ICP 1
    SC09A-SC09B ICP 1
    SC15 ICP 1
    SS01 ICP 1
    SS04 ICP 1
    SS09A ICP 1
    Exhibit B
    CERTIFICATION OF RECORDS

    I, Steven Rosenberg, as Open Records Custodian in the Office of the Fulton County Attorney,
    do hereby certify and declare that the attached request and responses to Request Reference #
    R008635-120121 seeking all Tabulator Poll Tapes for the 11/3/2020 General Election, including
    those used for advanced voting and Logic and Accuracy Testing are true and correct copies and
    are maintained in the normal course of Fulton County business,

    Sworn to and subscribed


    Before me, tis, "8
    day a
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    My Commission Expires:
    On 1/2/2022 1:23:06 PM, Fulton County, Georgia wrote:

    Subject: [Records Center] Open Records Request :: R008635-120121


    Body:
    January 02, 2022

    SENT VIA EMAIL:

    Dear Kevin Moncla:

    This correspondence is in response to your Open Records Act Request Reference#: R008635-120121 dated
    December 01, 2021. Your request sought the following:

    Please provide all Tabulator Poll Tapes for the 11/3 2020 General Election, advanced voting.

    After reviewing the aforementioned request, we have identified responsive records. Records that were
    previously discussed are available electronically, you will not be charged.

    Fulton County has uploaded the response records to your request to the portal. You can log into the system
    at Open Records Center.

    Please feel free to contact me at if you have any questions.


    Sincerely,

    Mariska Bodison
    Registration & Elections

    xc: Steven E. Rosenberg, Open Records Custodian


    Shana Eatmon, Legal Assistant
    Unique McCray, Administrator Coordinator II

    On 12/14/2021 5:58:55 PM, Kevin Moncla wrote:

    Please provide the advanced polling tapes that you referenced were provided for a previous request.

    On 12/8/2021 11:30:19 AM, Fulton County, Georgia wrote:

    Subject: [Records Center] Open Records Request :: R008635-120121


    Body:
    December 08, 2021

    SENT VIA EMAIL:

    Dear Kevin Moncla:

    Page 3
    This correspondence is in response to your Open Records Act Request Reference#: R008635-120121 dated
    December 01, 2021. Your request sought the following:

    Please provide all Tabulator Poll Tapes for the 11/3 2020 General Election, including those used for advanced
    voting and Logic and Accuracy Testing.

    After reviewing the aforementioned request, we believe we may have responsive records. As permitted by
    O.C.G.A. § 50-18-71(c), a fee will be charged to cover the administrative costs associated with the time spent
    searching for, retrieving, redacting, and supervising access to the requested documents. The fee represents the
    hourly rate of the lowest paid full-time employee(s) with the necessary skill and training to respond to your
    request. However, no charge will be made for the first fifteen minutes of staff time expended in complying
    with your request. Unless otherwise provided by law, the charge for copies is generally $0.10 per page, as
    permitted by O.C.G.A. § 50-18-71(c).

    Because this amount is in excess of $500, we will delay producing said records until such time as you pay the
    estimated costs. You may do so forwarding a check, payable to Fulton County, to the attention of Steven
    Rosenberg, at the address above. The estimated cost for search, retrieval, and copying of the responsive records
    is $15,800.00. This amount includes the following fees listed below:

    Advanced voting poll tapes was done for a previous request and these will be uploaded as soon as they are
    located.
    L&A Testing polls tapes will be at a cost for personnel for completions.

    7 Personnel for completion


    14-21 business days.

    It is anticipated that responsive records can be made available by December 08, 2021.

    Finally, please be advised that certain requested documents, or portions thereof, have been redacted pursuant to
    the Georgia Open Records Act. Specifically, the following records may be exempted or redacted:

    Please feel free to contact me at if you have any questions.


    Sincerely,

    Mariska Bodison
    Registration & Elections

    xc: Steven E. Rosenberg, Open Records Custodian


    Shana Eatmon, Legal Assistant
    Unique McCray, Administrative Coordinator II

    Page 4
    On 12/7/2021 2:09:01 PM, Kevin Moncla wrote:

    TO: "Fulton County Georgia"[[email protected]]


    Thank you Shana
    On Tue, Dec 7, 2021 at 12:56 PM Fulton County Georgia wrote:

    On 12/7/2021 1:55:49 PM, Fulton County, Georgia wrote:

    Subject: [Records Center] Open Records Request :: R008635-120121


    Body:

    December 07, 2021

    SENT VIA EMAIL:

    Dear Requester Moncla:

    This correspondence is in response to your Open Records Act Request Reference#: R008635-120121 dated
    December 01, 2021. Your request sought the following:

    Please provide all Tabulator Poll Tapes for the 11/3 2020 General Election, including those used for advanced
    voting and Logic and Accuracy Testing.

    Fulton County is in receipt of your request for records. We are currently in the process of locating responsive
    records to the extent they exist. We believe we can provide you with the same by Wednesday, December 8th.
    Thank you for your consideration.
    Sincerely,

    Shana Eatmon
    Legal Assistant

    xc: Steven E. Rosenberg, Open Records Custodian

    Page 5
    On 12/1/2021 4:19:21 AM, Fulton County, Georgia wrote:

    Dear Kevin Moncla:

    Thank you for submitting an Open Records Request to Fulton County, Georgia.

    The County received your Open Records Act request dated December 01, 2021 and has assigned the reference
    number R008635-120121 for tracking purposes.

    Record(s) Requested: Please provide all Tabulator Poll Tapes for the 11/3 2020 General Election, including
    those used for advanced voting and Logic and Accuracy Testing.

    We will send out the request to the appropriate department(s). If you should have any questions or concerns
    about the requested documents, please feel free to contact the Fulton County Open Records team. If there
    should be a cost associated with the Open Records Request we will contact you in a timely manner.

    Fulton County has a new Open Records Center that allows you to submit and track Open Records Act requests.
    Please visit the link below to monitor request progress and submit future requests.

    Open Records Center

    Fulton County Open Records

    On 12/1/2021 4:19:20 AM, Kevin Moncla wrote:

    Request Created on Public Portal

    Page 6

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