Complaint to Fulton County Board of Registration & Elections

November 7, 2017 and December 5, 2017 Fulton County Elections

Violations of Election Code and Open Meetings Laws

Date of Complaint: December 10, 2017

Filed by: Marilyn Marks

7035 Marching Duck Drive E504
Charlotte, NC 28210
MarilynRMarks@earthlink.net

Location and dates of violations:

North Annex, Sandy Springs, 11/7/17 and 12/5/17

Approximately 7:45 pm to 9:15 pm both dates
Location, functions obstructed--
a. Voter Polling Place and poll shutdown activity
b. Election records receiving, delivery, check-in, organization
c. Memory card upload from precincts memory cards via TSx machine to
GEMS server at English Street

English Street Election Preparation Center, 11/7/17 and 12/5/17

Between approximately 10pm and 11pm both dates (can provide more precise
times if required.)
Examples of functions obstructed--
a. Handling of memory cards
b. Receipt of electronic data from satellite locations
c. Uploading of Election Night Reporting system
d. Operation of GEMS server
e. Discussions, deliberations, conferral of board members and staff
f. Visual access to GEMS reports, and ENR screens
Above list reflects examples of obstructed functions, not all functions that were
obstructed.

Violation of Statutes

-- 21-2-406 Public performance of duties by officials

Superintendents, poll officers, and other officials engaged in the conducting of primaries
and elections held under this chapter shall perform their duties in public.

-- 50-14-1. Meetings of departments, agencies, boards, etc., to be open to public;

notice of meetings and agenda

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 (c) The public at all times shall be afforded access to meetings declared open to the
public pursuant to subsection (b) of this Code section. Visual, sound, and visual and
sound recording during open meetings shall be permitted.

Details of violations

North Annex

On Election night on both 11/717 and 12/5/17 other public observers and I arrived at the
polling place to observe the shutdown of the polls and voting machines. Poll manager,
(Ms. Sheila) would not permit public observers into the polling place room where
machines were arranged and about to be closed. The Poll Manager was hostile,
aggressive and refused to permit observers to come within approximately 40 feet of the
machines. She refused to discuss the statute or poll workers manual (Exhibit A)
permitting public observation.

On 11/7/17 observers were not permitted in the room with the machines.
On 12/5/17 observers were not permitted in the room with the machines or the room
adjoining the voting machine room, causing public to have no visual access to the
machines at all.

Observers were prevented from having any visual access to these North Annex polling
place functions:
1. Printing of machine tapes
2. DRE screen information regarding number of ballots cast and other machine data
3. Comparison of machine tape data to DRE screen data
4. Poll workers signing of machine tapes
5. Verification that tapes posted on door matched those generated by machine
(12/5/17 only)
6. Chain of custody controls of memory cards and voted and blank provisional
ballots
7. Reconciliation of total ballots cast to number of voters
Above items are examples only. Many other functions were obstructed.

Members of public were not permitted to observe at North Annex election processing
satellite operations:
1. Delivery, organization of memory cards, provisional ballots, pollbooks, from
polling places.
2. Chain of custody controls of polling place election records reviewed by N. Annex
personnel
3. Upload of memory cards using TSx machines
4. Handling of memory cards
5. Machine security
Above items are examples only. Many other functions were obstructed.

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Public observers were kept in lobby of North Annex building with no visual access to
any room where election operations were underway. Public observers were told not to
film election officials, or even the activities in the lobby of the public building. Election
official (Ms. Evelyn Goodloe, I believe) refused to give her name to those of us who
politely asked, although she was delivering instructions from Rick Barron, Elections
Director not to film, photograph inside of building or observe any operations. I was
prohibited from even taking a picture of an empty hallway of closed doors in the public
building. (Instructions of Rick Barron.) The closed doors down the hallway were to
rooms where election processing was taking place. (All voters had left the building upon
closing of the polls, so there was no risk of voter intimidation or voting interference.)

Officials distributed a memo stating that observation distance should be no closer than
40-50 feet from the operations. The instructions were interpreted by officials to mean
that observation (with no visual access) should be from the lobby when the operations
were going on behind closed doors down the off-limits hallways.

Officials, including Ms. Goodloe, were presented with an email from Chris Harvey,
Elections Director, (Sec. of States office) stating that public observation was permitted.
(Exhibit B), and a letter to Richard Barron from the Georgia ACLU written to address the
election transparency laws. (Exhibit C) Officials continued to deny meaningful access.

Members of public attempting to observe and film proceedings in this public building
were forcefully escorted out of the building by security officers at the direction of Ms.
Sheila, Ms. Goodloe and Mr. Barron. One member of the public attempting to film the
public activities in the public spaces in the building was threatened with being put in
handcuffs, by Officer D.K. Schiller.
(https://twitter.com/PeachResist/status/938295853705547776)

English Street Election Preparation Center

On Election night on both 11/7/17 and 12/5/17 the public was obstructed from observing
election officials performing their duties at the English St. location.

The election night duties include an announced public meeting (Exhibit D) of the
Election Board. During a meeting of this public body, the public must be able to see,
hear, and record the discussions, deliberations and decision-making of board under
Open Meetings laws.

On November 7, one other observer and I arrived shortly after 10:30pm and quietly
walked to the corner of the media table area. Within 3 to 4 minutes, Rich Barron sent a
very aggressive and hostile security guard to insist that we leave the premises
immediately, although a public meeting of the Fulton County Board was in session. The
security guard (possible name-- Mike Smith) insisted that we must have a badge to be
present at the meeting, but refused to say what type of badge was required. I politely
objected, citing the law that public observation was permitted, but I was aggressively

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threatened with arrest if I did not leave immediately. I left the premises, as did my
colleague.

On December 5, I arrived at approximately 10pm, as did other observers. While we

were permitted to stay in the building, we were fully obstructed from meaningful
observation of election processing, procedures and the discussions of the board
members.

Observers were required to remain no closer than approximately 70 feet from the
election processing computers, and all materials. The public was not permitted to
position themselves to see the large projection screen reporting results. The public was
forced to watch from a distance and side view that did not permit reading the large
screen, showing the election results. (Exhibit E)

I moved to a space approximately 25 feet behind the work tables in front of the results
projection screen in order to attempt to see the screen, still 50+ feet from the screen
and equipment. Rick Barron approached me and aggressively demanded that I move
away from the area behind the table where officials were stationed. He refused to
provide visual access to the results reporting screen or the procedures being conducted
by the officials. I attempted to explain the statute on election transparency. Barron
refused to listen, only repeating, this is the way that we have done it for three years,
demanding that I move to the area where almost nothing was visable.

Several observers asked to speak with Rick Barron to object to the obstruction of public
observation. Mr. Barron refused to converse with those who sought to speak to him and
instead left to conduct his work behind closed doors (Exhibit F). Professor Rich DeMillo
asked to speak with Barron concerning the publics need to observe. Barron responded
that he would not talk with DeMillo because you are suing me. (DeMillo is not part of
any litigation against Fulton County.) The election work simply must be conducted in
public view, despite Barrons personal preferences.

The public was denied visual access to observation of the election processing, and
denied access to the meeting of this public body on both election nights. These actions
by officials were in violation of Georgias election code and Open Meetings Laws.

Allegations of disruption of the election process

Rick Barron allegedly stated that he will file a complaint with the State Election Board
against me for disrupting the election process. Barron stated to Channel 2 that public
observers are not to interact with election officials or hang over their shoulders. There
is no such rule or law. In fact, the law presumes that the public should take an active
role in the oversight of their elections.

I have observed hundreds of hours of election night processing in numerous states and
know balance must exist as officials facilitate the visual access to their work by the
public, as public observers must be careful not to unduly delay or disrupt the process. I

Page 4
was very careful to observe long-established protocols. Georgia election officials must
recognize that part of the election process and a key responsibility of those officials is
to facilitate the public oversight of the activities. Transparency is crucial and even more
important than speed in reporting election results. Transparency includes officials not
hiding behind anonymity, but being willing to disclose their names and duties and not
demanding to be off camera and anonymous.

Summary

I request that the Board address these violations of Open Meetings Laws and the
Election Code violation of the public access to the conduct of the election. Rick Barron
should be disciplined for the repeated violations of law. Polling place and satellite
location managers should be trained in transparency requirements, and be instructed to
encourage public oversight. Board members must be mindful of the requirements of
Sunshine Laws that require public access to members conduct of their duties during an
election.

It is essential that the remaining processes of the December 5 election, including any
recounts, be conducted in full transparency that honors the publics right to oversee
their elections.

I am happy to provide more documentation, video recordings, audio recordings, and eye
witness reports if required.

Thank you for your consideration.

Marilyn Marks
Executive Director
Coalition for Good Governance

cc:
Elections Dir, Office of the Secretary of State: Chris Harvey, charvey@sos.ga.gov

BOARD OF REGISTRATIONS & ELECTIONS

Richard L. Barron, Director Registration & Elections richard.barron@fultoncountyga.gov
Felisa R. Cordy, Board Secretary felisa.cordy@fultoncountyga.gov
Ms. Erica Pines, Chair Fulton County Democratic Party, erica@ericapines.com
Ms. Mary Carole Cooney, Chairperson mccooney@mindspring.com
Ms. Vernetta Nuriddin vernettanuriddin@live.com
Mr. David J. Burge Vice Chair dburge@sgrlaw.com
Mr. Mark Wingate wingate01md@gmail.com
Mr. Aaron Johnson aaronvjohnson@yahoo.com

FULTON COUNTY BOARD OF COMMISSIONERS

Tonya Grier, Interim Clerk to the Commission tonya.grier@fultoncountyga.gov

Page 5
Rob Pitts (District 7, At-Large) Chairman-elect rob.pitts@fultoncountyga.gov
Liz Hausmann, Commissioner (District 1) liz.hausmann@fultoncountyga.gov
Bob Ellis, Vice-Chairman (District 2) bob.ellis@fultoncountyga.gov
Lee Morris, Commissioner (District 3) lee.morris@fultoncountyga.gov
Natalie Hall, Commissioner-elect (District 4), natalie.hall@fultoncountyga.gov
Marvin S. Arrington, Jr., Commissioner (District 5) marvin.Arrington@fultoncountyga.gov
Emma I. Darnell, Commissioner (District 6) emma.darnell@fultoncountyga.gov

ATLANTA CITY COUNCIL

Ceasar C. Mitchell, Council President ccmitchell@atlantaga.gov
Carla Smith District 1 csmith@atlantaga.gov
Kwanza Hall District 2 khall@atlantaga.gov
Ivory Lee Young District 3 ilyoung@atlantaga.gov
Cleta Winslow District 4 cwinslow@atlantaga.gov
Natalyn M. Archibong District 5 narchibong@atlantaga.gov
Alex Wan District 6 awan@atlantaga.gov
Howard Shook District 7 hshook@atlantaga.gov
Yolanda Adrean District 8 yadrean@atlantaga.gov
Felicia Moore District 9 fmoore@atlantaga.gov
C.T. Martin District 10 cmartin@atlantaga.gov
Keisha Bottoms District 11 kbottoms@atlantaga.gov
Joyce Sheperd District 12 jmsheperd@atlantaga.gov
Michael Julian Bond Post 1 at large mbond@atlantaga.gov
Mary Norwood Post 2 at large mnorwood@atlantaga.gov
Andre Dickens Post 3 at large adickens@atlantaga.gov

Logan Lamb
Rich DeMillo rad@cc.gatech.edu

Page 6
 Exhibit A --Marks
d.r.e. Prep complaint
All duties must be performed in full view of the public. Potential voters may watch but are not allowed
to enter the enclosed space or interfere when preparations for opening the polls are in progress.

At no time are the doors to the polling place to be locked so as to exclude any member
of the public from viewing the pre-election preparation, conduct of the election, or the
closeout procedures.

This should be done in assembly line style: while waiting for one Touchscreen unit to get to the proper
screen or finish printing a report, go to the next Touchscreen unit and continue with the opening or
closing procedure.

While conducting the opening procedures, do not remove side privacy panels.

1) One Poll Official reads the instructions

2) One Poll Official follows the instructions as read to them
3) One Poll Official records the necessary information on the Direct Record Electronic Voting Ma-
chine Recap Sheet

V.W.D. Kit
Attach the Voter With Disability (VWD) to
chosen DRE Unit.

Open Express poll

Set up Open ExpressPoll using the Express poll
opening instructions
Provisional
ballot station
A Provisional Ballot Station must be set up in each polling place.
The manager or assistant manager should attend this station when
7:00AM
there is a person in the poll being considered for provisional voting. The Poll Manager
publicly declares
The poll is open.
Page 7 14
 Exhibit B

From: Harvey, Chris [mailto:wharvey@sos.ga.gov]

Sent: Monday, December 4, 2017 1:56 PM
To: DeMillo, Richard A <rad@gatech.edu>
Subject: RE: Request for Credentials

Dear Mr. DeMillo,
I received your letter of December 1, 2017, in which you requested observation credentials as
anAcademic Observer for the elections to be held tomorrow, December 5, 2017.
The only observer credentials issued by the Secretary of States Office are for statewide poll watchers
in accordance with O.C.G.A. 21-2-408.
Poll watchers are also allowed to be credentialed under the same statute for parties and candidates by
counties and municipalities where appropriate.
There is no allowance in the law or State Election Board Rules for credentialing an Academic Observer,
or other kind of election observer.
Elections are designed to be publicly viewable, and there is nothing that would prohibit your observing
the publicly viewable events that happen on Election Day.
Elections are designed to be publicly viewable, and there is nothing that would prohibit your observing

the publicly viewable events that happen on Election Day.
Chris Harvey
Elections Director, Georgia Secretary of State

404-657-5380 DIRECT
404-985-6351 MOBILE

From: DeMillo, Richard A [mailto:rad@gatech.edu]
Sent: Saturday, December 02, 2017 9:12 AM
To: Harvey, Chris <wharvey@sos.ga.gov>
Cc: Sheheane, Dene H <sheheane@gatech.edu>
Subject: Request for Credentials

Dear Mr. Harvey,

I am attaching a request to be issued Academic Observer credentials for the upcoming election.

Richard DeMillo
Charlotte B. and Roger C. Warren Professor of Computing
Professor of Management
Executive Director Center for 21st Century Universities
Georgia Tech
Atlanta, Georgia 30332
http://c21u.gatech.edu
+1(404) 385-4273

Page 8
 Exhibit C

P.O. Box 77208, Atlanta, GA 30357

770.303.8111|syoung@acluga.org

December 5, 2017

Richard Barron, Director (c/o David Lowman, Esq.)

Fulton County Board of Registration
& Elections
130 Peachtree Street SW, Suite 2186
Atlanta, GA 30303
david.lowman@fultoncountyga.gov

Via E-mail

Re: Counting ballots in secret in violation of O.C.G.A. 21-2-406

Dear Mr. Barron,

Sunshine is the greatest disinfectant, and democracy requires transparency. As such, state
law requires that [s]uperintendents, poll officers, and other officials engaged in the conducting
of primaries and elections held under this chapter shall perform their duties in public. O.C.G.A.
21-2-406. A copy of the law is attached.

The American Civil Liberties of Georgia (ACLU-GA) received a report today that on
November 7, 2017, you barred members of the public from observing the performance of
elections duties in violation of state law. Specifically, it is alleged that you prohibited members
of the public from observing duties carried out after the close of polls involving the counting of
ballots, including but not limited to the transfer and upload of memory cards taken from voting
machines around the county. This allegedly took place in two locations: the Fulton County North
Annex Service Center located at 7741 Roswell Road NE, Atlanta, GA 30350; and a location at
1365 English Street NW, Suite A, Atlanta, Georgia 30318.

Preventing the public from observing the counting of ballots undermines our democracy.
Please inform us immediately whether this report is true, and if so, what is your legal
justification for keeping the performance of these elections duties secret. If there is an exception
to the mandates of O.C.G.A. 21-2-406, please identify it.

In any event, we fully expect that the election duties being carried out today after the
close of polls will be performed in public pursuant to state law.

Sincerely,

Page 9
Sean J. Young
Legal Director
ACLU of Georgia

CC by email:

Brian B. Kemp
Office of Secretary of State
2 Martin Luther King Jr., Drive, SE
802 West Tower
Atlanta, GA 30334

Mary Carole Cooney, Chairperson

Fulton County Board of Registration
& Elections
130 Peachtree Street SW, Suite 2186
Atlanta, GA 30303

Page 10
 21-2-406. Duties of primary and election officials performed in public, GA ST 21-2-406

West's Code of Georgia Annotated

Title 21. Elections (Refs & Annos)
Chapter 2. Elections and Primaries Generally (Refs & Annos)
Article 11. Preparation for and Conduct of Primaries and Elections (Refs & Annos)
Part 1. General Provisions

Ga. Code Ann., 21-2-406

21-2-406. Duties of primary and election officials performed in public

Currentness

Superintendents, poll officers, and other officials engaged in the conducting of primaries and elections held under this
chapter shall perform their duties in public.

Credits
Laws 1894, p. 115, 16; Laws 1964, Ex. Sess., p. 26, 1; Laws 1969, p. 308, 6; Laws 1998, p. 295, 1.

Formerly Civil Code 1895, 65; Civil Code 1910, 75; Code 1933, 34-1102; Code 1933, 34-1309.

Ga. Code Ann., 21-2-406, GA ST 21-2-406

The statutes and Constitution are current with legislation passed during the 2017 Session of the Georgia General
Assembly. The statutes are subject to changes by the Georgia Code Commission.

End of Document 2017 Thomson Reuters. No claim to original U.S. Government Works.

2017 Thomson Reuters. No claim toPage 11U.S. Government Works.

original 1
 Exhibit D--
Marks Complaint

Page 12
 Exhibit E, F

Exhibit E-
Marks Complaint
12/5/17 Public required to remain this distance from public meeting participants and
officials performing election duties.

observers not
election permitted closer
operations

Exhibit F-
Marks Complaint
12/5/17 Rick Barron closed door during election processing at EPC on Election Night

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