Madison County Board ofElections Meeting Minutes - Special Session  Protest Hearing  In the Matter ofElection Protest of Cheri Beasley North Carolina Supreme Court Justice Seat 01 Contest  November 30, 2020  Thel Madison County Board of Elections met on Monday, November 30, 2020 at Beech Glen Community Center Gymnasium, 2936 Beech Glen Road, Mars Hill, NC 28754. In attendance: Jerry Wallin, Chair; Rayl Lewis, Secretary; Dyatt Smathers, Member; Sandra Tolley, Member; Brian Ball, Member; Kathy Ray, Director; Donny Laws, County Attorney; Laura Bridges, Verbatim Reporter; Allie Leake, Representative for Candidate Cheri Beasley; and Brian D. Gulden, Representative for  Candidate Paul Newby. Call to Order: attendees.  Chair' Wallin called the meeting to order at 1:00 p.m. andi introduced the Board members and Chair' Wallin established the purpose to hear the protest filed by Cheri Beasley pursuant to an Order and Notice of Hearing entered by the Madison County Board of Elections on November 21, 2020. Hec continued by establishing thej procedure that the meeting would followi in allowing evidence, discussion, questions, and decisions in determining whether or not an irregularity or misconduct Representative Allie Leake presented an affidavit and requested to move iti into evidence that an election irregularity may have occurred with regard toi two (2) Madison County provisional voters. Representative Gulden objected tot thei introduction and acceptance ofthe affidavit of Oliver Hoi in that Mr. Ho was not one oft thet two (2) provisional voters who has said there was an irregularity Representative Leake provided information: regarding the collection of data and contents ofthe affidavit and how two (2) Madison County provisional voters were identified accordingly. Discussion ensued regarding the provisional voters' counties of residence as stated on the provisional applications and provisional voting attempts in Madison County. Motion, Seconded (DS, RL) and Carried (5,0) to disallow! Logan Gunn's) provisional ballot based upon the fact that hej provided a Henderson County residential address, hel has been denied once by thel Board, and there is no evidence being presented that therei is: anything  had occurred that would impact the election results.  with their votes or their ballots.  inappropriate as admissible. Special Session Minutes 11/30/2020  Page 1 of3    Representative Leake provided information regarding the attempt madel by Jaime Lionel Watkinst to register and cast a votei in Madison County during the November 3, 2020 General election, and Representative Gulden objected that Mr. Watkins was not present to offer competent testimony and that second hand testimony read from aj public document should be excluded from the Board's Int the case of Jaime Lionel Watkins, thel Director provided sworn testimony that the research on his provisional application and ballot, guided by Numbered Memo 2018-05 and the provisional voter checklist, found no evidence that Jaime Lionel Watkins attempted to register to vote in Madison County prior to Election Day on November 3, 2020 thus the subsequent: recommendation and denial ofl his) provisional ballot. She informed those present that his provisional application on Election Day was considered a valid voter registration for future elections in Madison County. Chair Smathers commented that Same Day Registration is not allowed on the day ofe election, and that his attempt to: register and cast a vote on the day of the election was late, and no other evidence Motion (DS) to disallow Jaime Lionel Watkins' provisional ballot based upon the fact thati it Representative Leake commented that the main objective ofthe protest was noti intended to create votes but rather to ensure that the decisions ofthe Board havel been well thought out. She finalized her comment by expressing appreciation to the Board for taking thet time tol hear the protest and Seconded (BB) and Carried (5,0) to disallow Jaime Lionel Watkins' provisional ballot based County Attorney Laws charged the Board with the task of preparing a timely written decision that includes the finding of facts and conclusion ofl law. He clarified with thel Board that it does not believe that thej protestor has come forward with sufficient findings of fact that therel have been any violations ori irregularities or misconduct sufficient to cast doubt on the results oft the election and that the Board is dismissing the protest accordingly. Hei inquired ift the Board wanted him to Representative Gulden asked County Attorney Laws to affirm that the findings of fact he was Motion, Seconded (DS, RL) and Carried (5,0) toj permit Chair Wallin to execute and: sign the  noted that Mr. Watkins did provide al Madison County residential: address.  consideration.  exists.  was nota appropriately timed.  explain its decisions.  upon the fact that it was not appropriately timed.  prepare the order and allow the Chair to sign it.  referencing was related to General Statute 163-182.10()(2)c.  prepared order.  Motion, Seconded (DS, Jw) and Carried (5,0) to adjourn at 1:46 p.m.  Special Session Minutes11/30/2020  Page 2 of3    Minutes Approved pecember 16,2020. hily Ky  Director  Special Session Minutes 11/30/2020  Page 3 of3