Tag: chain of custody

Stephen Richer Ordered to Pay $25k to Merissa Hamilton for over 100,000 Documents He Required Her to Produce in Kari Lake Defamation Lawsuit

Rachel Alexander
Stephen Richer

A trial court judge ordered Maricopa County Recorder Stephen Richer earlier this month to pay grassroots activist Merissa Hamilton $25,345.50 for the costs of over 100,000 documents she produced in response to a subpoena from him.

Richer sued Republican Arizona Senate candidate Kari Lake for defamation last year over remarks she made accusing him of intentionally inserting 300,000 ballots into the 2022 election. As part of the lawsuit, he subpoenaed documents from Hamilton and others. The ballots in question lacked a chain of custody, which is a class 2 misdemeanor.

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Judge Allows Maricopa County Recorder Stephen Richer’s Defamation Lawsuit Against Kari Lake for Accusing Him of Election Improprieties to Proceed

Rachel Alexander

A defamation lawsuit that Maricopa County Recorder Stephen Richer filed against Kari Lake is being allowed to proceed, despite the fact Arizona State University’s Sandra Day O’Connor College of Law  First Amendment Clinic joined Lake in her defense requesting that the lawsuit be dismissed.  Richer’s lawsuit, which is being paid for by the Protect Democracy Project,  accused Lake of falsely stating that he intentionally sabotaged the election. Approximately 300,000 ballots in the 2022 election lacked a chain of custody, a class 2 misdemeanor, but the county has strenuously fought litigation efforts to allow Lake to inspect the ballot affidavit envelopes and other requests from her and voter integrity groups related to the election anomalies.

Maricopa County Superior Court Judge Jay Adleman, who heard oral arguments on Lake’s Motion to Dismiss on December 19, issued his ruling denying the motion that same day. He indicated he already found Lake guilty without putting on a trial first. “In the Court’s view, Defendant Lake’s statements are ‘provably false’ under prevailing Arizona law,” he said.

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Arizona Judge Rules Election Vendor Runbeck Not Subject to Public Records Law, Ignores Precedent Set in Cyber Ninjas Case

Rachel Alexander

Maricopa County Superior Court Judge Bradley Astrowsky issued a ruling Friday dismissing a complaint filed by We the People AZ Alliance (WPAA) that requested video surveillance from Runbeck Election Services. Although another judge ruled previously that the private company Cyber Ninjas was subject to public records requests due to conducting a partial audit for the Arizona Senate of the 2020 election, Astrowsky refused to apply the same reasoning to Runbeck, the vendor that processed all of Maricopa County’s mail-in ballots prior to signature verification.

The judge, appointed by Gov. Jan Brewer in 2012, has served on the bench for a little more than a decade. A court insider familiar with Judge Astrowsky’s decisions told The Arizona Sun Times he is well-known as a moderate in legal circles.

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Verity Vote Issues Report on Numerous Chain-of-Custody Problems by Maricopa County During 2022 Election

Rachel Alexander
Counting Ballots

Maricopa County failed to maintain chain-of-custody records for hundreds of thousands of early ballots dropped off at third-party contractor Runbeck Election Services, and a new report is out analyzing the extent of the illegal behavior, which is a class 2 misdemeanor. Election integrity organization Verity Vote issued its analysis last week.

The report observed that then-Secretary of State Katie Hobbs admonished Cochise County prior to the 2022 election about deviating from the state’s Election Procedures Manual. Yet “just one month later, Hobbs chose to disregard Maricopa County’s admitted deviations from the EPM and violations of law as she oversaw and certified her own election.” Verity Vote asserted that documents “long withheld” were finally produced revealing the lack of chain of custody, and “Maricopa officials misled the court about the process and the records.”

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Senate Panel Recommends Schmidt as Pennsylvania Secretary of State, Votes for Anti-ERIC Bill

Bradley Vasoli

Pennsylvania’s Senate State Government Committee on Monday recommended confirming secretary of the commonwealth nominee Al Schmidt.

The panel voted 10-1 to back the Republican acting secretary and former Philadelphia city commissioner. In a subsequent, off-the-floor meeting, the committee approved a bill to facilitate removal of Pennsylvania from the Electronic Registration Information Center (ERIC), a controversial multi-state data-sharing program supporters say helps states maintain accurate voter rolls. The bill would permit the state to use the Social Security death database and change-of-address records to identify voter-registry errors.

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Arizona Supreme Court Declines to Sanction Kari Lake’s Attorneys, Issues Fine

Rachel Alexander

The Arizona Supreme Court declined to award significant sanctions against Kari Lake’s attorneys for contesting the election results of the gubernatorial race. Instead, on Thursday the court ordered $2,000 in sanctions against her attorneys for asserting it was an “undisputed fact” that 35,563 ballots were inserted into the ballot counting process at Runbeck Election Systems. The court declined to award attorneys fees to her opponents.

The Arizona Supreme Court said in its opinion that Lake “repeatedly” asserted in pleadings that 35,563 ballots were “added” or “injected” at Runbeck. “Not only is that allegation strongly disputed by the other parties, this Court concluded and expressly stated that the assertion was unsupported by the record, and nothing in Lake’s Motion for Leave to file a motion for reconsideration provides reason to revisit that issue.”

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Kari Lake Files New Motion, Claims Runbeck ‘Inserted’ Ballots

Rachel Alexander

After the Arizona Supreme Court remanded Kari Lake’s election contest back to the trial court to reconsider the signature verification problems and began considering sanctions against her, Lake responded with a new pleading. Lake filed a Petitioner’s Opposition to Motion for Sanctions and Cross-Motion for a Procedural Order for Leave to File a Motion for Reconsideration of the Denial of her Petition for Review on Wednesday in the Arizona Supreme Court.

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Biden Has No Answers on Chain of Custody for Classified Documents from His Time as VP Discovered in His Residence and Penn Biden Center Offices

Admin

President Biden has failed to provide an explanation for the chain of custody for classified documents from his time as vice president discovered at three locations in his private residence in Wilmington, Delaware – in his library, in a room adjacent to the garage, and in a box in his garage where he keeps his Corvette–and at the Penn Biden Center offices in Washington, D.C., his base of operations during 2018 and 2019.

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Runbeck: Election Firm Involved in Maricopa County’s Alleged Chain-of-Custody Violations

Admin

As Republican Kari Lake appeals a legal defeat in her lawsuit challenging certification of her narrow loss in Arizona’s Nov. 8 gubernatorial election, she is alleging that ballot chain-of-custody issues occurred at Runbeck Election Services, a company that municipalities across the country use for outsourcing election operations.

Lake is appealing a ruling against her last month in her suit against former Secretary of State and current Arizona Gov. Katie Hobbs and Maricopa County election officials demanding the election result be set aside due to alleged failures and misconduct by the county. Maricopa County Superior Court Judge Peter Thompson found that Lake failed to meet a legal standard of clear and convincing evidence that intentional misconduct changed the outcome of the election.

In her appeal, which challenges the legal standard applied by the trial court, Lake alleges that Maricopa County’s “massive violations of law and maladministration” included violating Arizona law’s chain-of-custody requirements by not having Election Day dropbox ballots counted at Maricopa County Tabulation and Election Center (MCTEC) before going to Runbeck.

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Day One of Kari Lake Election Contest Trial Sees Testimony from Maricopa County Recorder Stephen Richer and Election Integrity Expert Heather Honey

Neil Jones

The first of two days of oral arguments from Arizona’s Republican gubernatorial nominee Kari Lake’s challenge of the 2022 general election outcome began Wednesday morning, overseen by Judge Peter Thompson in the Maricopa County Superior Court. Testimonies were heard from several officials and experts.

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Phillip Kline Says Kari Lake’s Lawsuit Reveals ‘Serious Flaws’ in Maricopa County’s Handling of Election

Neil Jones

Former Kansas Attorney General Phillip Kline (R) shared his thoughts on Republican Kari Lake’s lawsuit contesting the 2022 General Election, saying the allegations shed light on severe issues in Maricopa County’s handling of the election.

“Despite media claims, Lake’s lawsuit reveals serious flaws in Maricopa’s handling of mail-in ballots-violations of procedures and possibly law. If the suit is dismissed it is due to gaps in AZ law, not lack of substance,” Kline tweeted in response to a New York Times article covering Lake’s lawsuit.

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Kari Lake Lawsuit Exposes Election Process Complexities in Maricopa County, Reliance on Third-Party Vendor

Laura Baigert

A lawsuit filed Friday by Republican gubernatorial candidate Kari Lake contesting the results in the November 8, 2022, election in Maricopa County exposes, among other things, the complexities of the process for mail-in and drop-box ballots and the county’s reliance on a third-party vendor for essential election functions.

The 70-page complaint filed by Lake named Democratic gubernatorial opponent Katie Hobbs who is the Secretary of State of Arizona who certified the election in her favor on December 5, as well as Maricopa County Recorder Stephen Richer as an officer in charge of elections, Maricopa County Director of Elections for Election Day and Emergency Voting Scott Jarrett and the five members of the Maricopa County Board of Supervisors.

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Deployment of Absentee Ballot Drop Boxes in Georgia Looks Significantly Different in First Statewide Election Since January 2021

Laura Baigert

With the Georgia General Assembly’s passage of the Election Integrity Act of 2021, otherwise known as SB202, the application of absentee ballot drop boxes looks significant different in the first statewide elections since the January 5, 2021, federal runoff and special election for Georgia’s two U.S. Senate seats.

The use of drop boxes in the November 2020 presidential and January 2021 elections were enabled by an emergency rule promulgated by the State Election Board in June of 2020. During the November 2020 election, more than 300 absentee ballot drop boxes were deployed throughout the state, funded with $45 million in “Zuck Bucks” that flowed through the Center for Technology and Civic Life (CTCL) into Georgia, according to analysis conducted by Capital Research Center.

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U.S. Election Assistance Commission Identifies Pierce County, Washington, for Best Practices in Chain of Custody for Vote-by-Mail Ballots Deposited in Drop Boxes

Laura Baigert

The U.S. Election Assistance Commission (EAC) recognized Pierce County, Washington for its practices related to the chain of custody that helps track pick-up and chain of custody of vote-by-mail election ballots deposited in drop boxes.

Pierce County was an EAC “Clearie” Award winner in 2021 for outstanding innovations in elections for large jurisdictions. Having over 550,000 registered voters, Pierce County is Washington state’s second largest jurisdiction.

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Arizona Senate President Says Maricopa County Election Officials Had USPS Destroy Live Ballots

Peter D'Abrosca

Arizona’s Senate President took to a popular podcast last week to reveal that audit results from the 2020 election show major problems with how absentee ballots were handled. 

“What they’re not telling you is all the ballots that were returned to the post office – undeliverable – and you know what, they said ‘we don’t want them back, you can keep them. You can just destroy them. We don’t need them,'” Senate President Karen Fann (R-District 1) said on The Conservative Circus Podcast. “So those ballots never went back to the Election Department. They told the Post Office “oh, you can just destroy them, we don’t need them.'” 

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Arizona Attorney General Brnovich Announces Prosecutions After Reviewing Maricopa County Ballot Audit, as Kari Lake Calls to Decertify Election

Rachel Alexander
Mark Brnovich

The highly anticipated first report from Arizona Attorney General Mark Brnovich’s investigation into the results of the Maricopa County independent ballot audit are in, and includes criminal prosecutions. Addressed to Senate President Karen Fann (R-Prescott), who launched the independent audit, the letter referenced the work of his office’s Election Integrity Unit. Brnovich stated, “The EIU’s review has uncovered instances of election fraud by individuals who have been or will be prosecuted for various election crimes.” 

Leading gubernatorial candidate Kari Lake, who just called for the results of the 2020 presidential election in Arizona and Wisconsin to be reversed, told The Arizona Sun Times, “Today, Attorney General Brnovich confirmed what most of us have known since November 3rd, 2020: The election in Maricopa County was crooked and never should have been certified. This is not a Republican or Democrat issue. It’s an American issue. I look forward to seeing the prosecutions that the Attorney General has in store. It’s time for the perpetrators of this fraud to be held accountable for their actions.”

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Mollie Hemingway’s New Book, ‘Rigged,’ Reveals Secretary of State Brad Raffensperger Enabled Asbentee Voting, Known to Favor Democrats

Laura Baigert

In a revealing look at the November 2020 election, “Rigged:  How the Media, Big Tech and the Democrats Seized Our Elections” number one best-selling author Mollie Hemingway’s new book released Tuesday explains how Georgia Secretary of State Brad Raffensperger through a number of actions enabled absentee voting that is known to favor Democrats.

With the number of questionable votes and election irregularities in the state, there is not only reason but evidence to question whether Joe Biden’s victory over Donald Trump in the November 2020 election by an audit-lowered 11,779 vote margin is legitimate.

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DeKalb County Voter Says Her Address Was Changed and an Absentee Ballot Requested to Steal Her Vote

Laura Baigert

In a case of what she says could be for no other purpose than vote stealing, a DeKalb County voter had her address changed and an absentee ballot requested for the November 3, 2020, presidential election, telling her story to The Georgia Star News exclusively in order to share the information with the public.

“Please get this information out – it is very important,” Mary Williams Benefield told The Star News.

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11 Months After 2020 Election Georgia Secretary of State Missing Chain of Custody Documents for 6,995 Absentee Ballots Deposited in Fulton County Drop Boxes

Laura Baigert

A review of transfer forms provided to The Georgia Star News in response to an open records request reveals that the Secretary of State’s office in Georgia is missing chain of custody documents for 6,995 absentee ballots deposited in drop boxes in Fulton County during the November 2020 election.

The number of absentee ballots for which the office has no evidence of the origination of the ballots represents 9 percent of the 79,460 total that Fulton County has recorded as being deposited into drop boxes during the more than month-long early voting and election day period.

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While DeKalb County Remains Silent, Georgia Secretary of State Brad Raffensperger Tells CNN the County’s Elections Director Leave of Absence Is Related to 2020 Election Job Performance

Laura Baigert

While DeKalb County officials have refused to indicate whether the extended leave of absence of Elections Director Erica Hamilton is job related, Georgia Secretary of State Brad Raffensperger said during a CNN interview that the leave was an outcome of an investigation related to the violation of absentee ballot chain of custody rules during the November 2020 election.

A joint statement issued by DeKalb Board of Registration and Elections Chair Dele Lowman Smith and Vice-Chair Nancy Jester announced that effective September 9, Erica Hamilton was on an extended leave of absence from her role as director of DeKalb County Registration and Elections. 

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Michael Patrick Leahy Talks About Pop Up Nonprofits Used for Partisan Political Purposes

Julie Carr

  In a special interview, Thursday on First Principles with Phill Kline – host Kline talked with Michael Patrick Leahy, CEO, and editor-in-chief of The Star News Network who uncovered partisan non-profit popups in swing states and the importance of election integrity as the deciding fate of America’s constitutional Republic. Leahy: And it turns out, Phill, as you see the story in Michigan, it was the only state where that Center for Election and Innovation and Research money did not go to the Secretary of State. Now, if it goes to the Secretary of State, it’s discoverable how it was spent. Kline: Right. Leahy: It went to a shell 501 (c) (3) organization that has been around about ten years that had been established by the current Democrat Secretary of State Jocelyn Benson. And they got $12 million bucks. They sent it to a 501 (c) (3) called the Michigan Center for Election Administration. We just got a copy of their Form 990s from the IRS. And – here’s the punch line – that $12 million dollars was basically all spent in two different groups. $11.8 million dollars went to a Democrat media buy firm that’s a subsidiary of the…

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43,000 Absentee Ballot Votes Counted in DeKalb County, Georgia 2020 Election Violated Chain of Custody Rule

Laura Baigert

43,907 of the 61,731 absentee ballots deposited in drop boxes in the November 2020 presidential election in DeKalb County, Georgia–72 percent–were counted in official tallies certified by the county and the state, despite violating chain of custody requirements set forward in Georgia Emergency Rule 183-1-14-1.8-.14  promulgated by the Georgia State Election Board at its July 1, 2020, meeting.

That rule states absentee ballots placed in drop boxes, “shall be immediately transported to the county registrar” by the two person collection team, which is required to sign a ballot transfer form indicating the number of ballots picked up, the time the ballots were picked up, and the location of the drop box, and that, “The county registrar or a designee thereof shall sign the ballot transfer form upon receipt of the ballots from the collection team.”

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Analysis of DeKalb County, Georgia 2020 Election Absentee Ballot Transfer Forms Identifies Several Problems

Laura Baigert

An analysis by The Georgia Star News of DeKalb County’s absentee ballot drop box transfer forms from the November 2020 election identified a number of problems that puts the documents out of compliance with the Georgia Board of Election Emergency Rule 183-1-14-1.8-.14.

The Star News reviewed 725 absentee ballot drop box transfer forms, obtained from the DeKalb County law department in response to an open records request, that were used by DeKalb County during the November 2020 election to document the chain of custody of the 61,731 absentee ballots deposited in drop boxes .

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Fulton County Fails to Meet Their Own Deadline to Provide Absentee Ballot Chain of Custody Documents From November 2020 Election, Delays Response for a Third Time

Laura Baigert

Fulton County election officials have failed to meet a second response date they set to provide The Georgia Star News with complete chain of custody documents for absentee ballots deposited into drop boxes during the November 3, 2020, general election.  For a third time, Fulton County has extended their response date, this time to August 6, 2021.

Fulton County’s communication about the third extension comes more than eight months and five follow-up requests after The Star News filed an initial open records request on December 1, 2020, for the drop box transfer forms that document the critical chain of custody of absentee ballots deposited in 37 drop boxes installed throughout Fulton County for the 41 days of the November 2020 election period.

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Fulton County Fails to Meet Their Own Extended Response Date for Providing Absentee Ballot Chain of Custody Documents from the November 2020 Election

Laura Baigert
Fulton County Response

Fulton County officials have failed to meet the extended response date they set for providing The Georgia Star News with complete chain of custody documents for absentee ballots deposited into drop boxes during the November 3, 2020, general election.

More than seven months and five follow-up requests after The Star News filed an initial open records request on December 1, 2020, Fulton County Legal Assistant Shana Eatmon said they needed until July 15, to provide the requested documents.

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Lawsuit to Inspect Fulton County Mail-In Ballots Amended to Include New Evidence Hand Recount Audit ‘Was Riddled with Massive Errors and Provable Fraud’

Laura Baigert

Petitioners in a lawsuit to inspect Fulton County mail-in absentee ballots from the November 3, 2020, election have added new claims and provided new evidence that the hand recount audit was riddled wth massive errors and provable fraud.

VoterGA, organizers of the lawsuit, made the stunning announcement on Tuesday that revealed “a whopping 60%” error rate in Fulton County’s hand count audit held on November 14 and 15, 2020.

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Taxpayer-Funded National Public Radio Spreads 2020 Election Misinformation About Absentee Ballot Drop Box Chain of Custody Documents in Georgia

Laura Baigert

Taxpayer-funded National Public Radio (NPR) spread 2020 election misinformation about absentee ballot drop box chain of custody documents in Georgia in an article written by Georgia Public Broadcasting (GPB) political reporter Stephen Fowler published on Friday. That article was the basis for a four-minute segment broadcast across NPR’s national network Friday afternoon.

The NPR Politics Twitter account tweeted the story, titled “How Pro-Trump Local News Sites Keep Pushing 2020 Election Misinformation,” out on Friday.

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Georgia Public Broadcasting Reveals Secretary of State Raffensperger Delivered Some Fulton County Absentee Ballot Chain of Custody Documents to Them in April

Laura Baigert

An interview between The Georgia Star News and Georgia Public Broadcasting (GPB) News revealed that they had received Fulton County’s drop box absentee ballot transfer forms from the Secretary of State’s office in April.  GPB News, however, did not report on their findings until after The Star News report in June.

Stephen Fowler of Georgia Public Broadcasting (GPB) News requested an interview with John Fredericks, which also included Laura Baigert, of The Georgia Star News, as part of his fact-check for a story and to get comments from everyone involved.

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68 Percent of Previously Missing Fulton County Drop Box Transfer Forms Lack Receipt Time that Documents Chain of Custody

Laura Baigert

A preliminary analysis by The Georgia Star News of Fulton County drop box transfer forms covering five days in October 2020 that were previously missing reveals that 68 percent lack a recording of the time the absentee ballots were received by the registrar or designee which documents the ballot chain of custody.

Georgia Public Broadcasting (GPB) News published a report on the transfer forms that they said they received from Fulton County on June 15. 

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The Washington Post Calls Fulton County’s Absentee Ballot Chain of Custody Documentation ‘Shoddy’ and ‘Sloppy,’ Cites Georgia Star News Reporting

Laura Baigert

In a story this week, The Washington Post referred to Fulton County’s record-keeping of the chain of custody documentation of the absentee ballots deposited into drop boxes during the November 3, 2020, election “shoddy” and “sloppy.”

While the apparent goal of the story was to deliver “Four Pinocchios” to former President Donald Trump for what The Post called “baseless claims about ballot drop boxes in Fulton County, Ga,” it made arguments supporting claims of election irregularities.

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Fulton County Again Fails to Deliver Missing Absentee Ballot Transfer Forms to The Georgia Star News

Laura Baigert

Fulton County elections officials have failed to provide complete absentee ballot drop box transfer forms to The Georgia Star News that they provided to Georgia Public Broadcasting (GPB) News last week.

The Star News broke the news on Monday, June 14, that a Fulton County elections official admitted that “a few forms are missing” and that during a COVID outbreak at the Elections Preparation Center (EPC) “some procedural paperwork may have been misplaced,” with regard to 385 drop box transfer forms The Star News is still missing from 1,565 transfer forms Fulton County documented on a spreadsheet that tracked daily absentee ballot collections during the November 2020 election.

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Tweet by Georgia Public Broadcasting Writer Reveals More Chain of Custody Document Discrepancies in Fulton County Absentee Ballot Transfer Forms

Laura Baigert

A tweet by Georgia Public Broadcasting (GPB) News writer Stephen Fowler on Saturday revealed more chain of custody document discrepancies in Fulton County’s absentee ballot drop box transfer forms.

The tweet included a partial image – the very top only — of two transfer forms Fowler claims were part of an open records response GPB News received on Wednesday from Fulton County election officials.

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Missing Fulton County Chain of Custody Documents to be Investigated by Secretary of State Raffensperger

Laura Baigert

Georgia Secretary of State Brad Raffensperger announced Monday that a thorough investigation will be conducted of Fulton County’s inability to produce the critical chain of custody documents for absentee ballots deposited in drop boxes during the November 3, 2020 election.

Raffensperger made his announcement via Twitter, following the lead story Monday in The Georgia Star News that a Fulton County election official admitted that chain of custody documents are missing for absentee ballots deposited in drop boxes in the 2020 election.

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Georgia Star News Exclusive: Fulton County Election Official Admits Chain of Custody Documents Missing for 2020 Absentee Ballots Deposited in Drop Boxes

Laura Baigert

In a stunning admission about the critical chain of custody documents for absentee ballots deposited into drop boxes in the November 3, 2020, election, Fulton County election officials have said that “some procedural paperwork may have been misplaced.”

This is the first time that an election official has made an admission regarding the occurrence of significant election issues.

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