November 18 2024 Board Meeting Minutes

HAMILTON COUNTY BOARD OF ELECTIONS
MEETING HELD
NOVEMBER 18, 2024 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 and Dave Stevenson from 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.
A transcript of this meeting is attached herein for reference.

I. APPROVE: BOARD MEETING MINUTES: NOVEMBER 4 & 5, 2024

Mr. Triantafilou made a motion to approve the Board Meeting minutes for November 4 & 5, 2024; Mr. Mallory seconded. The motion passed unanimously.

II. APPROVE: BALLOT REMAKES

Ms. Criddle presented the following ballots to the Board. All were remade by bipartisan teams pursuant to Secretary of State Directive and Board policy:

Remakes: UOCAVA
A2436 – A2538 A2560 – A2561
Mr. Triantafilou made a motion to approve the ballots as remade; Mr. Mallory seconded. The motion passed unanimously.

Remakes: Damaged
A2562 – A2565
Mr. Triantafilou made a motion to approve the ballots as remade; Mr. Mallory seconded. The motion passed unanimously.

Remakes: FWAB -Federal Write-In Absentee Ballot
A2539 – A2559
Mr. Triantafilou made a motion to approve the ballots as remade; Mr. Mallory seconded. The motion passed unanimously.
Remakes: Stray Marks *Ballots reviewed by Director and Deputy Director
A2568 – A2570
Mr. Triantafilou made a motion to approve the ballots as remade; Mr. Mallory seconded. The motion passed unanimously.

Remakes: Voter Intent *Ballots reviewed by Director and Deputy Director
A2566 – A2567
Mr. Triantafilou made a motion to approve the ballots as remade; Mr. Mallory seconded. The motion passed unanimously.

III. APPROVE: NOVEMBER 5, 2024 GENERAL ELECTION PROVISIONAL REPORT

The Board reviewed the Provisional Summary Staff Report entitled 2024 General Election and dated November 18, 2024. The Provisional Ballots cast in this election were verified by Bipartisan Election Officials in accordance with Board policy and Secretary of State Directive

Total # of Provisional Ballots issued: 12783

The Board reviewed the Provisional Ballots identified by staff for rejection. The Ballots were presented by category:

Total # Rejected: 2931
Not Registered: 1799
Mr. Triantafilou made a motion to accept the Staff recommendation to reject these ballots; Mr. Mallory seconded. The motion passed unanimously.

No Valid Voter ID: 647
Ms. Poland reported that included in this category was one exception, a voter, P5845; who submitted an affidavit of Religious Objection. A copy of the Provisional Envelope as well as the Form 12-0, Affidavit of Religious Objection, was presented for Board review. Form 12-0 was signed by the voter and included a statement from the Voting Location Manager stating the Voter presented an Illinois Photo Identification Driver’s License.

Ms. Poland advised the Board of the process of notifying the Secretary of State’s office upon receipt of this objection so that they may prepare their report as to the status of an Ohio Identification for the voter, verifying no BMV Identification exists for the State of Ohio.
The Board reviewed the Elections Official Manual as well as Ohio Revised Code Section 3509.19. Mr. Stevenson stated that the EOM states that in the absence of BMV identification, the Board may count the Provisional Ballot.

Mr. Triantafilou stated that he would move to count the ballot but would want to further investigate the matter. Mr. Triantafilou made a motion to count the ballot; Mr. Mallory seconded. Ms. McFarlin stated her support for counting the ballot but not the full investigation. Mr. Mallory echoed the comments, strongly disagreeing that a full investigation was necessary. Upon hearing this, Mr. Triantafilou withdrew his motion.

Mr. Mallory made a motion to accept this ballot for counting; Ms. McFarlin seconded. Mr. Gerhardt entered into a discussion regarding this matter and the disagreement with further investigation. Mr. Stevenson reiterated the law and the Board’s discretion in same, stating that the matter of counting the ballot and investigating the matter are two separate issues. Mr. Triantafilou indicated he would not support counting the ballot unless the investigation of the matter was included. Mr. Gerhardt clarified with the other Board members their stance on the matter. After continued discussion, Ms. McFarlin called for a vote. Ms. McFarlin -aye; Mr. Mallory -aye; Mr. Triantafilou -nay; Mr. Gerhardt -nay. As the vote resulted in a tie, Ms. Poland advised the Board that the next steps would be to continue with the approval of the Provisional report but that none of the Provisional ballots could be opened until the tie vote is resolved by the Secretary of State. Mr. Triantafilou stated he would prepare his submission to the Secretary of State by end of day. Ms. Poland stated an extension to the deadline to certify may be requested at the Board’s discretion.

The Board continued with the Provisional report. As this envelope is removed from consideration at this time, there are 646 No ID envelopes. Mr. Triantafilou made a motion to reject these ballots; Mr. Mallory seconded. The motion passed unanimously.

No DOB Provided: 153
Mr. Triantafilou made a motion to reject these ballots; Mr. Mallory seconded. The motion passed unanimously.

Wrong Location: 125
Mr. Triantafilou made a motion to reject these ballots; Mr. Mallory seconded. The motion passed unanimously.
No Address Provided: 95
Mr. Triantafilou made a motion to reject these ballots; Mr. Mallory seconded. The motion passed unanimously.

Valid Voter Signature*: 55
*15 contained no signature; 40 were a signature mismatch and reviewed by the Director and Deputy Director.
Mr. Triantafilou made a motion to reject these ballots; Mr. Mallory seconded. The motion passed unanimously.

Voted Absentee*: 33
Mr. Triantafilou made a motion to reject these ballots; Mr. Mallory seconded. The motion passed unanimously.
*These ballots will be added to the Election anomaly report.

Voted Twice – Election Day*: 11
Mr. Triantafilou made a motion to reject these ballots; Mr. Mallory seconded. The motion passed unanimously.
*These ballots will be added to the Election anomaly report.

No Ballot in Envelope*: 10
Mr. Triantafilou made a motion to reject these ballot envelopes; Mr. Mallory seconded. The motion passed unanimously.
*These ballots will be added to the Election anomaly report.

No Printed Name: 3
Mr. Triantafilou made a motion to reject these ballots; Mr. Mallory seconded. The motion passed unanimously.

Pending: 20
These are envelopes in which there is a mismatch on the month and day of birth provided by the voter on the envelope vs. the record. Ohio law provides for counting these ballots if all other information contained on the envelope is accurate. They have been reviewed by the Director and Deputy Director.
Mr. Triantafilou made a motion to accept these ballots; Mr. Mallory seconded. The motion passed unanimously.

Total Accepted: 9832
Mr. Triantafilou made a motion to accept these ballots; Mr. Mallory seconded. The motion passed unanimously.
IV. APPROVE: END OF YEAR HOLIDAY SCHEDULE

Ms. Poland and Staff made the recommendation to the Board that the Board of Elections holiday schedule reflect the office closed between Christmas Day and New Years Day and Staff receive that time off.

Mr. Triantafilou made a motion to approve the recommendation for the revised holiday closure; Mr. Mallory seconded. The motion passed unanimously.

Ms. Poland advised the Board that long time seasonal extra William Fletcher, known as “Fletch”, has informed Staff that this is his last year working for the Board. Fletch has been a seasonal extra for 16 years, rising to a leadership position in the warehouse.

Ms. McFarlin presented a Proclamation on behalf of the Board and Kenny Henning presented a Proclamation on behalf of the Ohio Secretary of State. Ms. Poland and Mr. Linser presented the Election Hero pin and a gift from staff.

Mr. Triantafilou made a motion, considering the unusual circumstance involving the certification, to go into a brief recess so that the Board members on either side of the tie vote may consult with each other but separate from the other side; Mr. Mallory seconded. The motion passed unanimously whereupon the Board went into recess at 9:21am.

The Board reconvened at 10:05am. Mr. Triantafilou made a motion to come out of recess; Mr. Mallory seconded. The motion passed unanimously.

Mr. Triantafilou made a statement regarding his concerns over the matter of the tie vote and a desire to resolve this issue and enable the counting and certification to proceed. He stated he will move to count the ballot in question but follow that with a motion on a new challenge issue to bring before the Board.

Mr. Triantafilou made a motion to count the ballot, P5845; Mr. Mallory seconded. The motion passed unanimously.
Mr. Triantafilou stated his strong belief that this matter should be investigated and to that end made a motion that a subpoena be issued to Mercedes Minion Tryba at the Hamilton County address of record as well as subpoenas issued to Mark Tryba and Debra Rhein Tryba, each at the same address. Also, a subpoena issued to Patsy Hall, the Voting Location Manager of record. The subpoenas being issued for the purpose of beginning the investigation at the December 10, 2024 Board meeting; Mr. Mallory seconded. The motion passed unanimously.

Ms. McFarlin allowed comments from the public whereupon Kathy Collette made comments regarding her observations as a Poll Observer.

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: DECEMBER 10, 2024

CHAIR: GWEN MCFARLIN

DIRECTOR: SHERRY L. POLAND