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There is a perception among many Republican voters in Georgia that the State Election Board (“SEB”) is simply a device used by the Secretary of State to obfuscate, hinder and delay investigations into wrongdoing. Whether true or not, that perception has been exacerbated over the last three years and no investigation is being done to explain any of the reported anomalies. Next week we will find our whether the SEB wants to really investigate or would rather continue to sweep all the election dirt in Georgia under the proverbial rug.

The Legislature adopted SB 202 to remove the Secretary of State from his position as Chairman of the SEB, hoping to get more accountability. Secretary of State Brad Raffensperger called that decision “retribution” against him, and complained that the resulting board would lead to less accountability.

Pay attention to that word – accountability. So far, not a single person has been held accountable for the reported errors. That’s because the SEB does not have any independent investigators. It relies on investigators from the Secretary of State to investigate the Secretary of State. No surprise that the answers keep coming back as “Nothing to see here. Move along. These aren’t the droids you’re looking for.”

The SEB as an independent entity has been slow to form as intended by the State Legislature – in part because it had no chairman. Its initial chairman – former Federal judge William Duffey – seemed to lack the passion to fulfill the mandate for independence contemplated by SB 202. But the lack of independence can also be traced to the lack of an independent budget until this year. It still lacks a permanent executive director. And the amount granted to it in last year’s budget is pitiful – about $500,000 in total to investigate, make rules, issue reports, coordinate with new legislation. It’s almost as if someone did not want it to be successful as an independent entity. Its duties are vast – as embodied in OCGA §21-2-31 – but its actual power is constrained.

This is all against the backdrop of multiple complaints arising from the 2020 election that have yet to be investigated or heard. Mr. Kevin Moncla, an independent journalist and election investigator in Texas, has brought at least 10 cases before the board that have not even been assigned a case number. His complaints amount to identified errors with tens of thousands of votes.

Remember, Donald Trump supposedly lost the state by just under 12,000 votes – 11,779 based on the last “official count.” But Fulton County can still not explain its election results.

The known vulnerabilities in the Dominion Voting System have not been addressed by the SEB and the Secretary of State has made it clear that he is not going to address those vulnerabilities until after the 2024 election. If the CCP wants to compromise this election, a roadmap has been laid out by the “white hat” hackers.

Even the obvious lists of more than 1,700 voters who voted twice in the 2020 election – mostly Democrat voters – has not been investigated, even though the list is easily found on the voter history files. This information has been known since 2020.

Here's where Georgia sits. The State Election Board is determined to make sure that no investigation could make the “good old boys” in Georgia uncomfortable.

Nothing should be done to protect the lawyers who are twisting in the wind because their clients asked for investigations into election irregularities – some are even being investigated by the Georgia Bar for some unknown impropriety with respect to the cases they brought.

Nothing should be done to investigate the State Senate Election Subcommittee report that concluded that the 2020 election was “untrustworthy.”

Nothing should be done to validate Dean John Eastman in his battle for his law license in California for trying to protect Georgia voters.

Nothing should be done to show that the claims of Rudy Guiliani – who used to be “America’s mayor” – had a basis in fact.

Nothing should be done to ensure that future elections are free of the same errors and improprieties.

And above all, nothing should be done to validate any claims of Donald Trump.

That's the current state of the State Election Board in Georgia -- a board that was changed by the famous Georgia "election reform law" to take control of ensuring the integrity of Georgia's election system. Despite egregious errors that have been reported to it, no meaningful action is taken, no one is punished, no one is going to jail. (Except they may once again try to throw the journalists from True the Vote in jail for trying to uncover the drop box ballot stuffing in 2020.)

Hide the dirt. The Secretary of State must continue to be able to recite that the 2020 election was the most verified election in Georgia history -- there are lawyers to disbar, journalists to discredit, ex-Presidents to indict. And no one would want to allow Senator David Perdue to win his election law case.

The First Complaint – 4,509 extra votes for Biden!

Last June, the SEB heard a case involving the famous "risk limiting audit" (RLA) "hand count" that the Secretary of State keeps insisting verified the results of the election. A complaint filed by Mr. Joe Rossi, a retired chemical engineer from Perry, Georgia proved that statement to be a lie. Mr. Rossi had documented 36 errors -- agreed to by Governor Brian Kemp's office as factual -- that led an erroneous 4,509 votes to be counted for Joe Biden. Those votes were the result of double- entries and incorrect entries of batch totals of the absentee ballots.

This complaint is even more troubling because last month’s 2023 municipal elections in Georgia showed the same double- and triple-counting of absentee ballots. After nearly three years of trying to be heard, Mr. Rossi noted the real issue in a quote for the AJC article: "[The Secretary of State and Fulton County] never acknowledged the errors .... They continued to lie to the public and say that they verified everything. They had no desire, intention or effort to get to the truth."

Pretty harsh. If anyone is interested. The country pretends to be asleep. The media is comatose.

The result of the June hearing was a “settlement agreement” – Georgia is an expert at using settlement agreements to leave these issues unresolved. No one mentioned the extra votes for Biden that should be removed from the final vote counts, and Fulton County agreed to nothing more than to count correctly in the future.

The Second Complaint -- 15,665 extra votes for Biden

Mr. Moncla and Mr. Rossi filed a second complaint -- 2023-025 -- that was filed in July of 2022 After it was discussed in the public press in that month, Governor Kemp again had a conversation with Chairman Duffey -- having the Attorney General send a letter saying he had “no jurisdiction” to investigate election law violations. In May of 2023, nearly ten months after it was filed, an investigator called Mr. Rossi to review the facts. From his subsequent questioning, it does not appear that he understands the law or the applicable facts. But he will present his “findings” to the SEB next week.

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The only way to truly resolve the discrepancies is to review the ballots and ballot images. The SEB has not issued a subpoena and has not even investigated any real explanations for the discrepancies. If the questions from the “investigator” leading the investigation are indicative, it seems likely he is trying to ignore the complaint by restating the issues.

We will see what comes of this at the SEB meetings next week. Whether the SEB decides to do its job or not, attorneys for Harrison Floyd, the sole black male defendant in Fani Willis’s RICO actions, has subpoenaed the information to prove or disprove the thesis. It seems likely that a court will not deny a criminal defendant the right to defend himself. If the ballots don’t exist, Donald Trump likely won the presidential election in Georgia by at least 3,886 votes.

Perhaps that will lead to a serious investigation by professional, independent investigators. Maybe then we will finally figure out where the dirt is that the SEB keeps sweeping out of sight.

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