ATLANTA, GA, MAY 8, 2024 – 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 Georgia. We advocate for independently verifiable, auditable, recount capable, transparent and tamper proof elections.
