Forsyth County Board of Voter Registrations and Elections Special Called Meeting June 28, 2024 at 9 a.m. 1201 Sawnee Drive Cumming, Georgia 30040 Forsyth County Voter Registrations & Elections Office MINUTES Present at the meeting: Barbara Luth, Chairman Joel Natt, Vice Chairman Carla Radzikinas, Secretary Anita Tucker, Assistant Secretary Dan Thalimer, Member Mandi Smith, Director Carol Balcome, Assistant to the Director Jill Swain, Supervisor, Registration & Absentee Karen Pachuta, Jarrard & Davis Stephan Bartelski, Challenger Dr. John Richards, Challenger Witness Greg Dolezal, GA State Senator I. Cali Meeting to Order Chairman Luth called the meeting to order at 9 a.m. II. Pledge of Allegiance III. Adoption of Agenda Vice Chairman Natt with a second from Member Thalimer made a motion to adopt the agenda as published. Motion carried unanimously. IV. Hearings Pursuant to Georgia Election Code O.C.G.A. 21-2-229 Director Smith made a Challenged Voter Hearing presentation to explain Georgia Election Code section 21-2-229 and the procedures for holding a challenged voter A. Hear challenges to the qualification of voters and their eligibility to vote pursuant to Georgia Election Code O.C.G.A. 21-2-229 - April 24, 2024 Vice Chairman Natt with a second from Member Thalimer made a motion to submit into the minutes the list of challenged voters with the additional information provided by staff. Motion carried unanimously. hearing pursuant to this Code section. Bartelski Challenge (742 names on the list) Challenger Bartelski was present and stated he compiled his data from the Georgia Secretary of State's Office and other state voter rolls. He said the evidence submitted was from voters who had submitted a National Change of Address (NCOA) form to the United States Postal Service (USPS) stating they have permanently moved, and the voter had registered in another state. Challenger Bartelski stated he did not personally know anyone on the list of Discussion between the challenger and members of the board followed: Chairman Luth asked the challenger if he had personally looked up the voter information for each of the names on the list. Challenger Bartelski stated he used Chairman Luth stated Challenger Bartelski did not provide evidence to the board. Challenger Bartelski stated he provided the board a spreadsheet. Chairman Luth Assistant Secretary Tucker reported that out of the 742 names on the list of challenged voters: 197 names are in cancelled status in the voter rolls, 531 names are in inactive status, 14 names are in active status and there were only three names who had a contact date of five years or older. She also stated the Assistant Secretary Tucker with a second from Member Thalimer made a motion to dismiss the challenge based on lack of evidence and a dated list. In regards to the age of the list, Vice Chairman Natt said we had to assume that after the list was generated a hearing date could not be set because we had to wait for the primary election to be over and then we had to find a hearing date. To accuse the challenger of having a dated list would be erroneous of this board. Vice Chairman Natt asked Attorney Pachuta if we had to tell the challenger to Attorney Pachuta said it is not required the list be updated but it is something for Chairman Luth clarified Assistant Secretary Tucker's motion is for lack of challenged voters. a tool to look up the voter registration records. said there is no way to know if the information is correct. list is dated. maintain the list prior to the hearing. the Board to consider when making their decisions. evidence. Challenger Bartelski stated he sent the Elections Office 89 names that should be removed from the challenge voter list he originally submitted. He compared the original list submitted to a more recent list of registered voters and these 89 names account for names that no longer appear on the voter rolls in Georgia. He also said the National Voter Registration Act (NVRA) Section 8 states if the voter signs a document they have moved to another location, they can be removed from the rolls. Chairman Luth stated the Board has not seen that document. She said people can move to other states temporarily and keep their voter registration. Challenger Bartelski said according to O.C.G.A. 21-2-217 even if the move is temporary or if the person takes action to register to vote in another state, they lose their residence in Georgia. He stated the only names that appear on the challenge voter list he submitted have signed the NCOA that they have moved permanently. Challenger Bartelski then introduced Dr. John Richards. Assistant Secretary Tucker said 728 names have been marked in the Georgia voter rolls in either cancelled status ori inactive status. She said the Secretary of State is following federal law with their list maintenance processes. She said that leaves 14 names that could be adjudicated by the Board. Assistant Secretary Tucker then read O.C.G.A. 21-2-235 (b) aloud and said the challenger has not provided the board enough evidence that shows the person has moved to a new Vice Chairman Natt stated inactive voters can become an active voter. He said the 528 voters that are in inactive status should be adjudicated by the board, but he would support Assistant Secretary Tucker amending her motion to dismiss the 197 voters that are now in cancelled status as having moved out of state as well as the three voters who have transferred their voter registration record to a Assistant Secretary Tucker restated her motion to dismiss the entire challenge Member Thalimer said the state has a set of laws for inactive voters and he questions whether the board has the authority or reason to do the state's job and remove the voters from the rolls. He said the board is taking steps above and Challenger Bartelski read O.C.G.A. 21-2-217 aloud. He said the board should follow the law and take someone off the voter rolls if they have been given evidence that the person has registered to vote in another state. Inactive voters Assistant Secretary Tucker asked Attorney Pachuta to weigh in on the issue. Attorney Pachuta stated there are various ways of maintaining voter rolls - through the Department of Driver Services, removal forms, SOS maintenance mailings and the method to challenge voters. She said the burden is on the challenger and board has to weigh the evidence presented by the challenger. Dr. Richards said Eagle Al is a tool used to download and import data. He said he looked at the voter rolls in Georgia and used the USPS for NCOA information. He said all the information is on a spreadsheet, so the information is not third state and registered to vote. different county in Georgia. for all 742 names on the list submitted for lack of evidence. beyond what the law states. are another class that have not indicated where they are. party software. Vice Chairman Natt with a second from Secretary Radzikinas called the question. The original motion carried 3-2 with Vice Chairman Natt and Secretary B. Hear challenges to the qualification of voters and their eligibility to vote Pursuant to Georgia Election Code O.C.G.A. 21-2-229 - May 10, 2024 Motion carried unanimously. Radzikinas opposed. Bartelski Challenge (51 names on the list) Chairman Luth with a second from Assistant Secretary Tucker made a motion to submit into the minutes the evidence and list of challenged voters with the additional information provided by staff. Motion carried unanimously. Vice Chairman Natt with a second from Secretary Radzikinas made a motion to dismiss from the challenge the following voters because they are no longer registered to vote in Forsyth County and are cancelled in the statewide voter registration database because they have moved out of state: Voter #2 Susan Horton Voter #17 Jennifer Seith Voter #23 Kylie Robinson Voter #42 Pamela Hatch Voter #43 James Hatch Motion carried 4-1 with Assistant Secretary Tucker opposed. Member Tucker stated she will be voting no on all the votes to uphold the challenge because of lack of evidence and for not following the NVRA regarding waiting two election cycles after the voter has been notified they have been made Chairman Luth asked the audience if anyone was in attendance that had been Member Tucker stated many of the challenged voters were Democrats and Challenger Bartelski said he does not want his integrity being impugned to say Chairman Luth with a second from Vice Chairman Natt made a motion to uphold the challenge and remove from the rolls voter #1 Sandra Forrester. Motion Chairman Luth with a second from Vice Chairman Natt made a motion to uphold the challenge and remove from the rolls voter #3 Jeffrey Horton. Motion carried inactive. challenged. No one was present. wanted to point out targeting was against the NVRA. he targets voters. carried 3-2 (Thalimer and Tucker opposed). 3-2 (Thalimer and Tucker opposed). Assistant Secretary Tucker with a second from Member Thalimer made a motion to dismiss from the challenge voter #4 Gregory Booth, Jr. Motion carried unanimously. This motion was not considered by the BRE until all other names on the list were considered. The board noted that the documentation provided by the challenger was not directly from another state's Secretary of State's website. Chairman Luth with a second from Vice Chairman Natt made a motion to uphold the challenge and remove from the rolls voter #5 Lori Bennett. Motion carried 3-2 Assistant Secretary Tucker with a second from Member Thalimer made a motion to dismiss from the challenge voter: #6 Kristi Kenny. Motion failed 2-3 (Luth, Natt Chairman Luth with a second from Vice Chairman Natt made a motion to uphold the challenge and remove from the rolls voter #6 Kristi Kenny. Motion carried 3-2 Chairman Luth with a second from Secretary Radzikinas made a motion to uphold the challenge and remove from the rolls voter #7 Joshua Lamaitis. Motion Chairman Luth with a second from Secretary Radzikinas made a motion to uphold the challenge and remove from the rolls voter #8 Brandon Cramer. Motion Chairman Luth with a second from Secretary Radzikinas made a motion to uphold the challenge and remove from the rolls voter #9 Lisa Sciandra. Motion Chairman Luth with a second from Secretary Radzikinas made a motion to uphold the challenge and remove from the rolls voter #10 Paul Sciandra. Motion Chairman Luth with a second from Secretary Radzikinas made a motion to uphold the challenge and remove from the rolls voter #11 Karlene Roberty. Chairman Luth with a second from Secretary Radzikinas made a motion to uphold the challenge and remove from the rolls voter #12 Robert Gerace, Jr. Chairman Luth with a second from Secretary Radzikinas made a motion to uphold the challenge and remove from the rolls voter #13 Michael Oakes. Motion Chairman Luth with a second from Secretary Radzikinas made a motion to uphold the challenge and remove from the rolls voter #14 Eileen Quigley. Motion (Thalimer and Tucker opposed). and Radzikinas). (Thalimer and Tucker opposed). carried 3-2 (Thalimer and Tucker opposed). carried 3-2 (Thalimer and Tucker opposed). carried 3-2 (Thalimer and Tucker opposed). carried 3-2 (Thalimer and Tucker opposed). Motion carried 3-2 (Thalimer and Tucker opposed). Motion carried 3-2 (Thalimer and Tucker opposed). carried 3-2 (Thalimer and Tucker opposed). carried 3-2 (Thalimer and Tucker opposed). Chairman Luth with a second from Secretary Radzikinas made a motion to uphold the challenge and remove from the rolls voter #15 John Quigley. Motion Chairman Luth with a second from Secretary Radzikinas made a motion to uphold the challenge and remove from the rolls voter #16 Kathleen Komisarow. Chairman Luth with a second from Secretary Radzikinas made a motion to uphold the challenge and remove from the rolls voter #18 Shakesi Morris. Motion Chairman Luth with a second from Secretary Radzikinas made a motion to uphold the challenge and remove from the rolls voter #19 Christine Chisholm. Chairman Luth with a second from Secretary Radzikinas made a motion to uphold the challenge and remove from the rolls voter #20 Kyler Vela. Motion Chairman Luth with a second from Secretary Radzikinas made a motion to uphold the challenge and remove from the rolls voter #21 Anna Nations. Motion Chairman Luth with a second from Secretary Radzikinas made a motion to uphold the challenge and remove from the rolls voter #22 Lyndon Shave. Motion Chairman Luth with a second from Secretary Radzikinas made a motion to uphold the challenge and remove from the rolls voter #24 Ashleigh Thomas. Chairman Luth with a second from Secretary Radzikinas made a motion to uphold the challenge and remove from the rolls voter #25 Lucas Hamilton. Chairman Luth with a second from Secretary Radzikinas made a motion to uphold the challenge and remove from the rolls voter #26 Kyle Halverson. Motion Chairman Luth with a second from Secretary Radzikinas made a motion to uphold the challenge and remove from the rolls voter #27 Sai Mohan Sara. Chairman Luth with a second from Secretary Radzikinas made a motion to uphold the challenge and remove from the rolls voter #28 Irene Rodgers. Motion carried 3-2 (Thalimer and Tucker opposed). Motion carried 3-2 (Thalimer and Tucker opposed). carried 3-2 (Thalimer and Tucker opposed). Motion carried 3-2 (Thalimer and Tucker opposed). carried 3-2 (Thalimer and Tucker opposed). carried 3-2 (Thalimer and Tucker opposed). carried 3-2 (Thalimer and Tucker opposed). Motion carried 3-2 (Thalimer and Tucker opposed). Motion carried 3-2 (Thalimer and Tucker opposed). carried 3-2 (Thalimer and Tucker opposed). Motion carried 3-2 (Thalimer and Tucker opposed). carried 3-2 (Thalimer and Tucker opposed). Chairman Luth with a second from Secretary Radzikinas made a motion to uphold the challenge and remove from the rolls voter #29 Uche Nwani. Motion Chairman Luth with a second from Secretary Radzikinas made a motion to uphold the challenge and remove from the rolls voter #30 Walter Wilson. Motion Chairman Luth with a second from Secretary Radzikinas made a motion to uphold the challenge and remove from the rolls voter #31 Shlok Kulasekaran. Chairman Luth with a second from Secretary Radzikinas made a motion to uphold the challenge and remove from the rolls voter #32 Bob Horton. Motion Chairman Luth with a second from Secretary Radzikinas made a motion to uphold the challenge and remove from the rolls voter #33 Gordon Ralph, Jr. Chairman Luth with a second from Secretary Radzikinas made a motion to uphold the challenge and remove from the rolls voter #34 Michael Stolorena. Chairman Luth with a second from Secretary Radzikinas made a motion to uphold the challenge and remove from the rolls voter #35 Sheila Stolorena. Chairman Luth with a second from Secretary Radzikinas made a motion to uphold the challenge and remove from the rolls voter #36 Eric Cole. Motion Chairman Luth with a second from Secretary Radzikinas made a motion to uphold the challenge and remove from the rolls voter #37 Brenda Hartsook. Chairman Luth with a second from Vice Chairman Natt made a motion to uphold the challenge and remove from the rolls voter #38 Elizabeth Mason. Motion Chairman Luth with a second from Vice Chairman Natt made a motion to uphold the challenge and remove from the rolls voter #39 Thomas Mason. Motion Chairman Luth with a second from Secretary Radzikinas made a motion to uphold the challenge and remove from the rolls voter #40 Linda Crowder. Motion carried 3-2 (Thalimer and Tucker opposed). carried 3-2 (Thalimer and Tucker opposed). Motion carried 3-2 (Thalimer and Tucker opposed). carried 3-2 (Thalimer and Tucker opposed). Motion carried 3-2 (Thalimer and Tucker opposed). Motion carried 3-2 (Thalimer and Tucker opposed). Motion carried 3-2 (Thalimer and Tucker opposed). carried 3-2 (Thalimer and Tucker opposed). Motion carried 3-2 (Thalimer and Tucker opposed). carried 3-2 (Thalimer and Tucker opposed). carried 3-2 (Thalimer and Tucker opposed). carried 3-2 (Thalimer and Tucker opposed). Chairman Luth with a second from Secretary Radzikinas made a motion to uphold the challenge and remove from the rolls voter #41 James Crowder. Motion carried 3-2 (Thalimer and Tucker opposed). Chairman Luth with a second from Vice Chairman Nattt made a motion to uphold the challenge and remove from the rolls voter #44 Steven McLinnis. Motion Chairman Luth with a second from Vice Chairman Natt made a motion to uphold the challenge and remove from the rolls voter #45 Shirley McLinnis. Motion Chairman Luth with a second from Vice Chairman Natt made a motion to uphold the challenge and remove from the rolls voter #46 Jennifer Radak. Motion carried Chairman Luth with a second from Vice Chairman Natt made a motion to uphold the challenge and remove from the rolls voter #47 Jeffrey Richardson. Motion Chairman Luth with a second from Secretary Radzikinas made a motion to uphold the challenge and remove from the rolls voter #48 Barbara Richardson. Chairman Luth with a second from Secretary Radzikinas made a motion to uphold the challenge and remove from the rolls voter #49 Gary Clough. Motion Chairman Luth with a second from Secretary Radzikinas made a motion to uphold the challenge and remove from the rolls voter #50 Kevin Morris. Motion Chairman Luth with a second from Secretary Radzikinas made a motion to uphold the challenge and remove from the rolls voter #51 Allison Morris. Motion Challenger Bartelski provided the board a compact disk which he said contained Assistant Secretary Tucker asked Attorney Pachuta ifi it was our policy not to Attorney Pachuta said the county recommends not accepting electronic storage Vice Chairman Natt said the board's Voter Challenges Process and Guidance Policy specifies that the BRE does not accept evidence on electronic storage carried 3-2 (Thalimer and Tucker opposed). carried 3-2 (Thalimer and Tucker opposed). 3-2 (Thalimer and Tucker opposed). carried 3-2 (Thalimer and Tucker opposed). Motion carried 3-2 (Thalimer and Tucker opposed). carried 3-2 (Thalimer and Tucker opposed). carried 3-2 (Thalimer and Tucker opposed). carried 3-2 (Thalimer and Tucker opposed). the State of Florida voter registration list. accept evidence on electronic storage media. media from outside sources. media. Assistant Secretary Tucker with a second from Member Thalimer made a motion to reject accepting the CD as an evidence source. Motion carried unanimously. Chairman Luth with a second from Secretary Radzikinas made a motion to accept a photo of the CD as a source of evidence. Motion carried unanimously. Challenger Bartelski submitted to the board an article on the misreading of the National Voter Registration Act and Section 8 of the National Voter Registration Assistant Secretary Tucker made a motion not to accept the items as evidence. Chairman Luth with a second from Vice Chairman Natt made a motion to accept the paper copies for a source and not as evidence. Motion carried 3-2 (Thalimer Act of 1993. Motion failed for lack of a second. and Tucker opposed). Recess Regular Meeting VI. Executive Session (if needed) V. There was no Executive Session needed. VII. Adjournment Vice Chairman Natt with a second from Assistant Secretary Tucker made a motion to adjourn at 10:34 a.m. Motion carried unanimously. The above and foregoing minutes are hereby certified as being correct and ordered recorded. Today's Date: July 2, 2024 B.h Barbara Luth, Chairman Joel AE Cuhbikikus Carla Radzikinas, Secretary AbIbe PTe Dan Thalimer, Member Anita Tucker, Assistant Secretary