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Home / About The Board / Press Releases and Board Meeting Notices / September 29, 2022 Meeting Minutes

September 29, 2022 Meeting Minutes

October 11, 2022

September 29, 2022 Meeting Minutes

October 11, 2022

HAMILTON COUNTY BOARD OF ELECTIONS
MEETING HELD
SEPTEMBER 29, 2022 at 8:30AM

The special 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 and Jesse Daley 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: SEPTEMBER 13, 2022

Mr. Triantafilou made a motion to approve the Board Meeting Minutes for September 13, 2022; Mr. Mallory seconded. The motion passed unanimously.

II. HEARING: VOTER REGISTRATION CHALLENGES
NATHANIEL THOMAS SIMON
ELLEN DELORES RAKOWSKI

Ms. McFarlin noted that one of the Registered Voter challenge matters to be discussed relates to a former employee of Ms. McFarlin’s and when this is to be discussed it will be necessary for her to recuse herself from the discussion.

Ms. Poland reported with regard to the challenge reference Nathaniel Thomas Simon.

The Registered Voter Challenge was received on September 19th challenging Mr. Simon. Staff reviewed the Board’s records and found Mr. Simon to be registered to vote in Hamilton County at the address provided on the challenge form. Staff further found that in 2020 the Board received notice that Mr. Simon appeared on the NCOA (National Change of Address) report. Per SOS directive, Mr. Simon was mailed three confirmation notices in 2020 requesting Mr. Simon either cancel his registration in Hamilton County if he had, in fact, moved out of Hamilton County, or to confirm that he was still residing in Hamilton County. In all three instances Staff received confirmation from Mr. Simon that he was still residing in Hamilton County.
Based on this information, a hearing was set for today. On September 26th, notice was received that Mr. Simon had registered to vote in Franklin County, Ohio on September 23 which effectively cancels his voter registration in Hamilton County and merges his registration with Franklin County. Mr. Simon is no longer registered in Hamilton County.

Mr. Hartman, representing the challenger, was notified and requested the subpoenas be withdrawn; there is no longer a need for a hearing as Mr. Simon is no longer registered in Hamilton County. A discussion regarding the chain of events ensued.

Mr. Hartman addressed the Board regarding the matter stating that although there was no need to continue forward with the hearing on the merits as Mr. Simon is no longer registered in Hamilton County, there remains the issue of Mr. Simon’s activity with respect to his voter registration, requests for absentee ballots and confirmation notices affirming his Hamilton County residency. Mr. Hartman continued to set forth his case on this matter.

Mr. Triantafilou made a motion to refer the matter to the Hamilton County Prosecutor’s Office; Mr. Gerhardt seconded. The motion passed unanimously.

The following matter being one in which Chair McFarlin believes she may have a conflict of interest; Mr. Gerhardt made a motion to appoint Mr. Triantafilou as temporary chair to conduct the meeting; Mr. Mallory seconded. The motion passed unanimously.

Ms. Poland reported with regard to the challenge reference Ellen Delores Rakowski.

The Registered Voter challenge was received on September 19th. Staff reviewed the Board’s records and found Ms. Rakowski to be registered to vote in Hamilton County at the address provided on the challenge form. On September 28th an email from Ms. Rakowski was received wherein a copy of a cancellation form was provided. The original cancellation form has not yet been received so it has not been processed. Mr. Hartman has agreed to withdraw the subpoenas. Staff recommends the Board grant the challenge at this time; once the original cancellation form is received the registration will be cancelled.

Mr. Mallory made a motion to grant the challenge; Mr. Gerhardt seconded. Mr. Triantafilou -aye; Mr. Gerhardt -aye; Mr. Mallory -aye; Ms. McFarlin -abstain. The motion carries.

Mr. Hartman addressed the Board, incorporating by reference his reasons and beliefs that this matter also be referred to the Hamilton County Prosecutor.

Mr. Gerhardt inquired if Ms. Rakowski voted in the August Primary. The Board was advised that she requested an Absentee Ballot but did not vote the ballot. Mr. Mallory stated his belief that no further action is required; Mr. Gerhardt concurred, citing no ballot was voted. Mr. Triantafilou disagreed, stating that a referral is simply allowing the Prosecutor to look at the matter and his belief that a referral is in order. As there was no motion made, this matter is closed. Mr. Triantafilou relinquished his temporary chair; Ms. McFarlin continued the meeting.

III. APPROVE: BIPARTISAN ELECTION OFFICIAL ABSENTEE BALLOT COLLECTION PLAN

The Board was advised that SOS Directive 2022-45 was received. It allows the Board to develop a plan for absentee ballot collection on or near the Board facility during the early voting period, if necessary, to help mitigate traffic. Staff will develop the plan per directive and distribute for Board review, with approval at next meeting.

IV. APPROVE: END OF YEAR HOLIDAY SCHEDULE

Ms. Poland reminded the Board of the challenges for Staff in the year 2022. With two County-wide Primary Elections and the County-wide General Election the bulk of the year has been spent in an Election cycle for Staff with vacation time for Staff limited for 24 weeks of the year. The Director and Deputy Director are requesting the Board offices be closed the week between Christmas and New Year allowing Staff the time off. The dates would be December 27th thru December 30th; the Board offices are already scheduled to be closed December 23rd (the previously approved Veteran’s Day trade due to Election Schedules); December 26th (the recognized Christmas Day holiday) and January 2nd (the recognized New Year Day holiday).

Mr. Triantafilou made a motion to close for the dates described; Mr. Mallory seconded. The motion passed unanimously.

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

APPROVED: OCTOBER 11, 2022

CHAIR: GWEN MCFARLIN

DIRECTOR: SHERRY L. POLAND