Search Results

These lists include the state wide judicial Constitutional candidates that WE MUST ELECT. Even if you don't live in either of these counties, you need to take note of these folks. Click here for Buncombe. Click here for Henderson

From: Jason Flatley Date: Mon, Nov 7, 2022, 3:06 PM Subject: Update for AV users who are still having issues with the app To: Lynn Bernstein -Transparent Elections NC Lynn, if anyone on your team is still having trouble getting Actual Vote to work, feel free to send them to our new troubleshooting page. In particular, those users should make sure they've tried the latest version of Actual Vote (released yesterday), as that version has updates designed to fix the problems we've been seeing. It also has instructions on how, if Actual Vote is still not working for a given user, they can still record poll tapes using the ordinary video camera on their phone and email their videos to us.

18 U.S. Code § 245 - Federally protected activities … (b) Whoever, whether or not acting under color of law, by force or threat of force willfully injures, intimidates or interferes with, or attempts to injure, intimidate or interfere with— (1) any person because he is or has been, or in order to intimidate such person or any other person or any class of persons from— (A) voting or qualifying to vote, qualifying or campaigning as a candidate for elective office, or qualifying or acting as a poll watcher, or any legally authorized election official, in any primary, special, or general election; (B) participating in or enjoying any benefit, service, privilege, program, facility, or activity provided or administered by the United States; (C) applying for or enjoying employment, or any perquisite thereof, by any agency of the United States; (D) serving, or attending upon any court in connection with possible service, as a grand or petit juror in any court of the United States; (E) participating in or enjoying the benefits of any program or activity receiving Federal financial assistance… shall be fined under this title, or imprisoned not more than one year, or both;  and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire shall be fined under this title, or imprisoned not more than ten years, or both;  and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title or imprisoned for any term of years or for life, or both, or may be sentenced to death.  As used in this section, the term “participating lawfully in speech or peaceful assembly” shall not mean the aiding, abetting, or inciting of other persons to riot or to commit any act of physical violence upon any individual or against any real or personal property in furtherance of a riot. (c) Nothing in this section shall be construed so as to deter any law enforcement officer from lawfully carrying out the duties of his office;  and no law enforcement officer shall be considered to be in violation of this section for lawfully carrying out the duties of his office or lawfully enforcing ordinances and laws of the United States, the District of Columbia, any of the several States, or any political subdivision of a State.  For purposes of the preceding sentence, the term “law enforcement officer” means any officer of the United States, the District of Columbia, a State, or political subdivision of a State, who is empowered by law to conduct investigations of, or make arrests because of, offenses against the United States, the District of Columbia, a State, or a political subdivision of a State. (d) For purposes of this section, the term “State” includes a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States.

Buncombe County BOE has allowed Electioneering inside the One-Stops during early voting for the bond issue. Poll workers are handing out information on a bond issue to voters. Our observers reported this legal violation. There are attorneys currently working on this. Poll Observers: DOCUMENT THIS VIOLATION IN SEIRS WHEN YOU SEE IT AT YOUR PRECINCTS. (We do have documentation during early voting. The more reports, the better. The violation § 163-166.4. Limitation on activity in the voting place and in a buffer zone around it. (a) Buffer Zone. – No person or group of persons shall hinder access, harass others, distribute campaign literature, place political advertising, solicit votes, or otherwise engage in election-related activity in the voting place or in a buffer zone which shall be prescribed by the county board of elections around the voting place.

Karen Hebb, the Henderson County BOE Director, has added new violations to the list. Jane Bilello submitted electronically a cover letter and the Legal Letter - letter to the Chief Judge that members of the public may be coming to view the zero tapes in the AM, videotaping the poll tapes in the PM, and after 7:30 at the BOE to witness the vote count for absentee and one-stop. The letter to the Chief Judge includes the NC State Statutes, Administrative Code and Numbered Memos permitting the above. Karen Hebb will deny you entry into the BOE at 7:30PM. (See below for details.) This is what to do: When you arrive at the BOE after 7:30PM, present the Legal Letter (same letter you presented at the precincts) 5. If you are denied seeing the tapes. Remember, do not lose civility! Stay calm and be polite. Ask when you can come back to image all the poll tapes/reports. This should be done as close to the election as possible. Some counties will allow imaging first thing the morning after the election. It’s possible that some Election Directors would agree to allow imaging of absentee poll tapes on election night if you put in a request prior to the election. (which was done.) Janice Parker received an email on 11/7/22 from Karen Hebb: "She said it will be too busy and crazy to allow us to go in to the BOE at 7:30 to videotape all the poll tapes from early voting and election day, but to email her the next day and she will arrange a time to make that happen. She doesn't think it will be Wednesday because they'll be busy getting in supplies...probably Thursday." 6. If you are denied entry into the Board of Elections, do NOT try to go inside anyway. - Remain calm & video tape and/or audio record your interaction if possible - Upload to SEE SAY public reporting system - incident will be public, but personal info is confidential Remember, do not lose civility! Stay calm and be polite. The poll-worker is likely just doing what they were instructed to do. There will be a chance to remedy the issue the next day and image the tape then. 7. Let us know what happened asap by completing this INCIDENT REPORT FORM and please report on SEIRS to let us know what happened. 8. File a complaint, if necessary. b.) Consider filing a complaint against the chief judge if your right to observe or take photos/videos was denied. (at the precinct at 7:30PM when polls close if you were denied video taping of poll tape) c.) Consider filing a complaint against the county BOE if your right to observe or take photos/videos was denied. ================================================================================== This is what she is violating. § 163-182.2. Initial counting of official ballots. (a) The initial counting of official ballots shall be conducted according to the following principles: (1) Vote counting at the precinct shall occur immediately after the polls close and shall be continuous until completed. (2) Vote counting at the precinct shall be conducted with the participation of precinct officials of all political parties then present. Vote counting at the county board of elections shall be conducted in the presence or under the supervision of board members of all political parties then present. (3) Any member of the public wishing to witness the vote count at any level shall be allowed to do so. No witness shall interfere with the orderly counting of the official ballots. Witnesses shall not participate in the official counting of official ballots. Numbered Memo 2022-14 https://s3.amazonaws.com/dl.ncsbe.gov/sboe/numbermemo/2022/Numbered%20Memo%202022-14%20Public%20Viewing%20of%20Opening%20and%20Closing%20Procedures.pdf For absentee voting (including one-stop), when the results are tallied on one-stop and absentee- by-mail tabulators and announced after the close of the polls on Election Day at the county board office, members of the public may witness those procedures. It is a good practice to also post absentee tabulator results tapes for inspection at the county board office in a similar fashion. Any member of the public is permitted to photograph or video any posted results tapes—when the tapes are posted, the counting process is no longer ongoing.

Elections Board of Director, Karen Hebb Board of Election Members Charles Medd Christian Stoltz Linda Rebuck Debbie Dante Bill Cutler 75 E. Central Street Hendersonville, NC 28792 November 7, 2022 Jane Bilello 218 Vincent Place Hendersonville, NC 28739 209 986 3845 Dear Ms. Hebb and Henderson County Board of Elections Members: On Election Day, Tuesday, November 8, 2022 at 5:55AM and at 7:15PM, members of the public may come to the precincts with the attached letter citing laws and NCSBE directives to enter the precinct: in the AM to witness the boot-up of the tabulator; in the PM at the close of election night when no voters are present to witness the shut-down of the tabulator and to take video of the poll tapes; after 7:30PM at the BOE office after the polls close for the absentee voting, including one-stop. At all times, citizens must be courteous, polite and follow the directions of the judge and in no way interfere with any of the election processes. Thank you. Legal Information Sheet to present to the judge https://docs.google.com/document/d/1x2u7t3_iQ0-Mr-Pa_uOeOzpywibAHylPgiRLY3gTWuk/edit

Know what to do Election Day Am, PM, and at BOE after 7:30PM https://www.ashevilleteaparty.org/so/acOHE-7vZ?languageTag=en&cid=de5f0a75-82ac-41f9-8d18-d2861b0d7ed7#/main

TRAINING Saturday, November 5, 2022 9:30 am — 11:30 am (eastern) Registration link to zoom training OR WATCH PREVIOUS TRAINING ONLINE ———- https://www.youtube.com/watch?v=Q_5jBwK-iYk&t=22s You can also go to https://www.transparentelectionsnc.org/poll-tape-project-nchttps://www.transparentelectionsnc.org/poll-tape-project-nc to peruse the information on #ValidatTheVote #PollTapeProject. Why is it helpful for the public to observe these processes and image the poll tapes? Having members of the public peacefully observe the boot-up of the tabulator and also the tabulation of results helps to increase confidence in elections. The public can verify that certain election processes were done correctly. Taking a video-recording of poll tapes immediately after they are printed helps increase confidence in the chain of custody of vote totals. When the public is able to verify the results by matching the tape totals to what the state reports, this helps members of the public to verify that no votes were changed or added after tabulation. Poll tapes help create a record that could assist election officials if there are any discrepancies in the vote totals. It is more likely that discrepancies would be corrected before certification of the election. Ideally, there should be 1-2 poll tape observers in each voting location who can also video-record the poll tapes. go to https://www.transparentelectionsnc.org/poll-tape-project-nc watch 1 min video below from Florida where discrepancies were found and corrected. watch 4 min video below from New York where the observers were banned rather than election officials correcting the discrepancies. read Justice Department press release regarding Pennsylvania - imaging tapes may have caught this type of fraud.

County Coordinators: Please use this template to formally request the zero tape from each tabulating device (machine) in your county before election day. Chances are you won't get it. In the morning, when your folks show up to get the zero tape, you may be rejected. Use the App to record theshort conversation with the judge (you are legally allowed to record a conversation withlout permission of the other person as long as you are in the conversation). NCEIT will have a follow up Hot Wash right after the election to deal with these issues. How do I image poll tapes and where do I send them? From transparentelections.org We recommend using Actual Vote, which is a free app from America Counts. It’s available for iOS or Android. Actual Vote makes it easy to video-record poll tapes and access the results. By crowd-sourcing the work of video-recording all the tapes in NC and other states, we can all do our part to validate the vote. ========================================================================== Template for Public Records Request. You fill in your info. FROM: Name & Address TO: _______County Board of Elections ATTN: __________, Director ___________________________ ___________________, 2022 SUBJECT: Request for ______County Zero Tapes, November 8, 2022 General Election 1. I am requesting a digital copy of the entire zero tape, from each tabulating device used in the November 8, 2022 General Election. 2. Each Zero Tape should be complete and reflect the tabulator serial number, firmware version, and zero counts for each race on the ballot, without redactions. 3. It is my understanding tabulators are set to print these electronic files on demand and that they are public records, releaseable under the provisions of NCGS § 132-1. Public Records. 4. "Public records" shall mean all documents, papers, letters, maps, books, photographs, films, sound recordings, magnetic or other tapes, electronic data-processing records, artifacts, or other documentary material, regardless of physical form or characteristics, made or received pursuant to law or ordinance in connection with the transaction of public business by any agency of North Carolina government or its subdivisions. 5. I am requesting these Zero Tapes be provided to me at no charge in an electronic format that is commonly machine readable and in a common media form such as a thumb drive or DVD disc. Name County Email Tel. __________

•This is the recent Wake County Superior Court ruling regarding at-large poll observers. The court granted a preliminary injunction on the State Board of Elections enforcing the four-hour restriction on at-large observers. This means the at-large observers appointed by the County Chair are permitted to come and go from the voting locations as they please. •NCGOP Press Release •GOP wins legal challenge over political observers at NC polling places

Zoom with Jane: Join Zoom Meeting Monday, October 17th, 2022 7PM Eastern Time Please log in a few minutes early so we can get started on time. Thanks. Join Zoom Meeting Link: https://us02web.zoom.us/j/82927849798?pwd=d3JjUlZaeVY2dDNmMkRQd2EwU3Zadz09 Meeting ID: 829 2784 9798 Passcode: 910134 One tap mobile Dial by your location +1 929 436 2866 US (New York) Just in Case: Are you a member of NCEIT? If not, please go to the website and click Join Us. It's free. Fill in the form. Your membership gains you access to Member Resources - the tools you will need to be successful in this endeavor. Thanks. Thank You For Caring About Our Election Integrity, Making it Easy to Vote and Hard to Cheat! (I will email you the PowerPoint. Make sure I have your name and email. You then train other poll observers. PLEASE NOTE: We need to get you on SEIRS reporting: Email Jane@NCEIT.org with this info •Your name •Email •Cell Phone •County *Precinct

•A curbside voter’s vehicle is considered a voting enclosure,and the buffer zone shall be at least six feet from the vehicle. See Numbered Memo 2020-20. (See Buffer Zone) https://s3.amazonaws.com/dl.ncsbe.gov/sboe/numbermemo/2020/Numbered%20Memo%202020-20_Curbside%20Voting.pdf Curbside voting has been an issue for observers because of the distance the Chief Judge places the observer.Tell the judge you wwould like to observe curbside voting during your shift and you want to assure that you can hear and see the exchange between the voter and the poll worker. Quote Numbered Memo 2020-20 (above.) It would be a good idea to have a hard copy. Please remember to write an Incident Report describing the conversation and the outcome. No arguing if the judge insists you will be 50 feet away.