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Atlanta, December 19. As expected, the State Election Board met today in the State Capitol in Georgia and many of the issues raised by our staff were again “swept under the rug.”

Complaint #2023-025, submitted by Kevin Monda and Joe Rossi, was deferred by action of the Board – reportedly because its investigators (who are actually employees of the Secretary of State investigating the Secretary of State) could still not come up with any explanation for the 17,000+ votes identified in Fulton County with no supporting ballots or ballot images.

Just to be clear, every vote is supposed to have a ballot – that is why the Georgia Legislature has demanded a printout and accountability. So far, the legislative intent has not been met in practice. And three years after the election recounts documenting the “most secure election in American history,” there is still no explanation for tens of thousand of votes in Georgia. The Georgia GOP released the following:

But it was not a foregone conclusion that the Board would reject its own statutory investigation to “investigate … the administration of primary and election laws and frauds and irregularities in primaries and elections.” Mr. Joe Rossi brought a second action against the Secretary of State for failing to assign appropriate investigators to the matters referred to it and its complete failure to take any action to correct the voting records based on proven anomalies – anomalies that had been vetted and verified by Governor Kemp.

The Board asked Joe Rossi for citations as to its own jurisdiction to investigate the Secretary of State, and Mr. Rossi replied, as did others in Georgia, including the GOP chairs of more than 20 counties, representing more than 60% of the voters in the state.

20231215 P-F Amicus Letter to State Election Board (3) (2) | PDF | Justice | Crime & Violence (scribd.com)

And Mr. Moncla submitted an Amicus letter as well:

KMONCLA Amicus Letter 12.15 Compressed | PDF (scribd.com)

The Board voted 2-2 to table a motion to undertake an investigation of the Secretary of State, with Chairman Matt Mashburn casting a “tying vote” to cause the motion to fail. Typically, a chairman of a board will not intervene in a vote of the board unless to break a tie vote. But in this case, Chairman Mashburn cast a vote to cause a tie.

The fix was in at the beginning of the meeting, when Chairman Mashburn started the meeting with a discourse on how Robert’s Rules of Order permitted a chairman of a “small board” to cause a tie to be created. It was an odd introduction – until it became apparent that Chairman Mashburn intended to do that in this meeting.

Mashburn justified his odd vote on the fact that he did not believe the Legislature had been explicit in its grant of authority to the Board, despites its removal of the Secretary of State from the Board, express duties to investigate in the statute, and multiple statutes imposing duties on the Secretary of State. A subsequent unanimous vote asked for guidance from the Legislature when it starts its 40-day 2024 session next month, Let’s hope they were listening.

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Dr. Jan Johnston addresses the Board about SEB 2023-025 and SEB IB-2023-021:

https://vimeo.com/showcase/8988933?video=896262564 at 23:10

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