Replies

The blonde is lying:

Re Did, or Did Not, Georgia actually do a hand recount according to the state’s rules?

Ans: No

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This is an e-mail message, from Marilyn Marks, Executive Directory of the Coalition for Good Governance.

https://coaltionforgoodgovernance.sharefile.com/share/view/s95a64dd5306e431

Her e-mail message includes detailed supporting information re Georgia recount procedures, that you need to view online or download the PDF file (same link):

https://coaltionforgoodgovernance.sharefile.com/share/view/s95a64dd5306e431

Her e-mail message:

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Subject: Non-compliant “recount” /”RLA”
Date: Friday, November 13, 2020 at 11:52:44 AM Eastern Standard Time
From: Marilyn Marks
To: Ringer, Cheryl, Lowman, David, Richard Barron
CC: Bruce Brown

Cheryl, David, and Rick,

The following messages are ones I sent to a reporter in response to his questions on my comments about this topic in today’s BRE meeting about the improper hybrid “all-in-oneRLA/recount” activities that are about to consume your elections staff for the SOS’s partisan political purposes.

Please note that the SOS is asking Fulton to change official tallies after this hybrid exercise that is not authorized by statute.

If this is to be treated as a recount and tallies are to be changed, then it should be done according to statute. If it is to be a manual hand count, then different procedures should beused (see statute below) than the SOS has instructed.

We are concerned that your staff is going to go through a massively difficult exercise, without authority to change the tallies as the SOS is instructing.

There are numerous other discrepancies between the planned “audit/recount” and the legal requirements of either one.

Note that it has been reported in the press that indeed Trump may request an actual recount after the hand count is completed.

Bottom line is that if Fulton is going to have to endure this exercise, it should have some appropriate legal significance. Perhaps an opinion from the AG would be appropriate before engaging in this hybrid exercise that meets none of the laws. Also changing tallies outside thecontext of a compliant recount controlled by statute can bring challenges to the county.

Thanks, Cheryl. Feel free to call.

Message to reporter:

SOS is calling this a “recount” and is going to force changes in the tallies he says. That is a discretionary recount, (see highlighted paragraph.) A “recount” has to be done by machine with only limited exceptions. SOS is forcing a hand count without the requisite authority and counties are not going to have authority to actually change tallies as he is claiming they must do.

Notice that he has to have a sworn affidavit (verified petition) from the GOP describing the anticipated discrepancies. Where is that sworn petition?

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In her supporting documentation that followed, Marilyn Marks writes:

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“Recounts are by machine with limited circumstances for hand counting (court order or scanners that do not work.)

See below.

Audits do NOT change tallies.

SOS is telling the counties to recount by hand (with wrong procedures) and to change official tallies.”

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That was the end of the content, her writing in her e-mail message, before supporting documentation.

In that supporting documentation, you will find that:

- The Secretary of State has discretion to order a recount [Note, I did not write “hand recount”]

- The Secretary of State ordered *effectively* a hybrid recount

- An actual manual hand recount, may only be performed:

a) As provided under Rule 183-1-15-.03(1)(c)

b) Pursuant to a court order.

Now, that Rule 183-1-15-.03(1)(c):

[I broke the paragraph down into its sentences, for easier reading:]

Prior to conducting a recount, the election superintendent shall test each ballot scanner to be used in the recount.

A test deck shall be prepared to include at least 75 ballots marked by an electronic ballot marker and 25 absentee ballots marked by hand that were cast in the election to be recounted.

The ballots shall be selected from at least 3 different precincts, if available.

The selection of individual ballots from a precinct’s ballot container shall be conducted in a manner that selects ballots from throughout the ballot container.

The test deck shall be tabulated by the ballot scanner or scanners to be used in the recount using one or more batches.

A manual hand count of the test deck shall be made and compared to the electronic tabulation of the test deck.

[Here, Marilyn Marks highlighted in yellow, the following:]

If the two counts do not match, the discrepancy shall be researched and additional tests may be run.

If the discrepancy cannot be resolved so that the manual hand count and electronic tabulation of the test deck matches, the ballot scanner shall not be used in the recount.

If, after testing all available ballot scanners, there are no ballot scanners authorized to be used in the recount, the recount shall be conducted by manual hand count.

[There, her yellow highlighting ended.]

Upon completion of the test, the test deck ballots shall be returned to their original ballot containers.

[Here, Marilyn Marks writes:]

MRM: That certainly did not happen in preparation for this “recount”