September 13, 2022 Meeting Minutes

HAMILTON COUNTY BOARD OF ELECTIONS
MEETING HELD
SEPTEMBER 13, 2022 at 8:30AM

The meeting of the Hamilton County Board of Elections was called to order at 8:30am. Present were members Ms. McFarlin, Mr. Triantafilou, Mr. Gerhardt and Mr. Mallory. Also present: Director Sherry Poland and Deputy Director Alex Linser; David Stevenson with the Hamilton County Prosecutor’s office.

It was noted that proper notice was duly provided as required by O.R.C. 121.22. The meeting opened with the Pledge of Allegiance.

I. APPROVE: BOARD MEETING MINUTES: AUGUST 19, 2022 AND AUGUST 30, 2022

Mr. Triantafilou made a motion to approve the Board Meeting Minutes for August 19, 2022 and August 30, 2022; Mr. Mallory seconded. The motion passed unanimously.

II. VOTER REGISTRATION ANOMALIES

It was previously reported to the Board that the organization Black Fork Strategies conducts voter registration drives in Hamilton County. Staff received notice from Black Fork Strategies that they believed one of their employees may have falsified voter registration cards. Black Fork Strategies identified those voter registration cards and the employee in question.

At a previous meeting, the Board directed Staff to issue a subpoena to the employee identified by Black Fork Strategies; confirmation of the issuance of the subpoena to the residence of the employee was received from the Sheriff’s office. There has been no response to the subpoena.

The Board was advised that Staff conducted a review of 20 of the registration forms, comparing them to BMV records, and found none to match; a report was provided to the Board. Staff is requesting guidance on next steps.

Mr. Triantafilou made a motion to refer this matter to the Hamilton County Prosecutor for further review; Mr. Mallory seconded. The motion passed unanimously.
III. APPOINTMENT: PRECINCT ELECTION OFFICIALS

The Board was provided a list of Precinct Election Officials recommended by Staff for appointment. Ms. Poland reminded the Board of the requirement to approve the appointments each September and give authority to Staff to continue to fill vacancies as they arise.

Mr. Triantafilou made a motion to Appoint the list of Precinct Election Officials for the November 8, 2022 General Election; Mr. Mallory seconded. The motion passed unanimously.

Mr. Triantafilou made a motion to authorize the Director and Deputy Director to work with Staff to fill any additional positions as the need may arise; Mr. Mallory seconded. The motion passed unanimously.

IV. DISCUSSION: AUGUST 2022 PRIMARY ELECTION ANOMALY REPORT

The Board was advised of 11 voters in the August Primary Election who cast 2 ballots. In each instance, only one ballot was counted. Staff assembled a list of these voters and the Director and Deputy Director attempted to contact each voter for explanation. All but three of the individuals responded to Staff; Ms. Poland indicated that she and Mr. Linser were satisfied with the explanations provided; there seemed to be a lot of confusion over the two primary elections. The remaining three voters were mailed letters requesting they contact the Director or Deputy Director prior to September 12th; no contact has been received.

Mr. Triantafilou stated that he believes, given the circumstances and explanations received that no further action is necessary; Mr. Mallory concurred. Mr. Gerhardt indicated he did not agree with no further action with respect to the three for whom contact was not made. Mr. Stevenson advised the Board that no motion on the matter is required.

V. CERTIFICATION: CHARTER AMENDMENT FOR THE NOVEMBER 2022 GENERAL ELECTION

The Board was advised that there was one Charter Amendment filed since the last meeting of the Board. The City of Cincinnati has filed a Charter Amendment; Staff recommends certification.
Mr. Triantafilou made a motion to Certify the Charter Amendment (Issue 11) for the City of Cincinnati; Mr. Mallory seconded. The motion passed unanimously.

VI. APPROVAL: ELECTION ADMINISTRATION POLICIES

Ms. Poland advised the Board that Staff is working to review and put into place policies based on practices that have been in place for many years. The latest edition of the SOS Election Officials Manual requires the Board to pass or adopt policies regarding certain election topics. The Board is in receipt of several such policies, which have been reviewed by legal counsel, including the Stray Mark Policy which has been revised to reflect current changes in practice. Ms. Poland noted that it is the plan to create an Election Administration Policy Manual which will include these as well as other policies yet to be drafted for review. A discussion regarding the revision to the Stray Mark Policy ensued.

Mr. Triantafilou made a motion to approve the Election Administration Policies as set forth; Mr. Mallory seconded. The motion passed unanimously.
A copy of said policies are attached hereto for reference

VII. RESOLUTION: AUTHORIZING MAIL SORTING SYSTEM SERVICE AGREEMENT (RESOLUTION 22-005)

The Board was advised that this resolution authorizes the Director and Deputy Director to negotiate and execute a contract for service agreement for the mail sorting system.

Mr. Triantafilou made a motion to adopt Resolution #22-005; Mr. Mallory seconded. The motion passed unanimously.

VIII. OTHER BUSINESS

Mr. Triantafilou noted an email received regarding reconsideration as it relates to the decision made concerning certifying a write-in candidate to the ballot.

Mr. Triantafilou made a motion to enter Executive Session for the purpose of discussing pending litigation; Mr. Mallory seconded. Ms. McFarlin -aye; Mr. Triantafilou- aye; Mr. Gerhardt -aye; Mr. Mallory- aye whereupon the Board entered Executive Session at 9:02am.
Mr. Triantafilou made a motion to return to regular session; Mr. Mallory seconded. Ms. McFarlin -aye; Mr. Triantafilou -aye; Mr. Gerhardt -aye; Mr. Mallory -aye whereupon the Board returned to regular session at 9:21am.

Mr. Triantafilou made a motion to deny reconsideration of the previous decision made regarding the write-in candidate; Mr. Mallory seconded. The motion passed unanimously.

Ms. Poland provided an update on the vote by mail applications currently being received and processed.

Director Poland and Deputy Director Linser are conducting “Behind the Ballot” tours and have conducted tours for the Girl Scouts as well as candidates involved in the November election.

There being no further business to come before the Board, Mr. Mallory made a motion to adjourn; Mr. Triantafilou seconded. The motion passed unanimously.

APPROVED: SEPTEMBER 29, 2022

CHAIR: GWEN MCFARLIN

DIRECTOR: SHERRY L. POLAND