January 23, 2024 Board Meeeting Minutes
January 23, 2024
January 23, 2024 Board Meeeting Minutes
January 23, 2024
HAMILTON COUNTY BOARD OF ELECTIONS
MEETING HELD
JANUARY 23, 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.
I. APPROVE: BOARD MEETING MINUTES: JANUARY 2, 2024
Mr. Triantafilou made a motion to approve the Board Meeting minutes for January 2, 2024; Mr. Mallory seconded. The motion passed unanimously.
II. APPROVE: NOVEMBER 2023 GENERAL ELECTION PRECINCT ELECTION OFFICIAL PERFORMANCE EVALUATIONS
The Board reviewed the November 7, 2023 General Election Precinct Election Day Performance Assessment Staff Summary Report. Of the 296 Polling locations, 221 received a perfect score; 57 locations required retraining in specific areas identified for improvement and 18 locations, although not receiving a perfect score, required no further retraining. The Board was reminded that with the upcoming Primary Election, all Poll Workers would go through the training process; those identified for retraining will receive additional training materials.
Mr. Triantafilou made a motion to approve the Staff Summary Report; Mr. Mallory seconded. The motion passed unanimously.
III. DISCUSSION: NOVEMBER 2023 GENERAL ELECTION ANOMALY REPORT
The Board was reminded of the one remaining item on the Anomaly report: the incident that occurred at the Mt. Airy Nursing Homes during the November 7th General Election Cycle.
The Board had directed Staff to conduct interviews of the parties involved. The Director and Deputy Director conducted 7 interviews, including Nursing Home Staff and temporary BOE staff at the facility on the day of the incident. The findings were that the statements of one of the individuals at the nursing home were inconsistent with the other six.
Mr. Triantafilou noted that he believed Staff had done as they had been directed and at this point a referral to the Hamilton County Prosecutor’s Office was warranted. Mr. Triantafilou made a motion to refer the matter to the Hamilton County Prosecutor's Office for further discussion and investigation; Mr. Gerhardt seconded.
Ms. McFarlin questioned legal counsel whether this was a matter that must be referred to the Prosecutor’s Office. Mr. Stevenson stated the Secretary of State has instructed that if the Board believes a violation has occurred, they should refer the matter.
Mr. Triantafilou suggested the alternative to this action is to continue the investigation in-house, issuing subpoenas and using the Board resources to continue the investigation but he noted that we are moving into the busy Election Cycle and sending this matter to the Prosecutor’s office to determine if there is a violation is in line with previous practice. Ms. McFarlin questioned the level of violation and believed bringing individuals before the Board was how to proceed. Mr. Mallory indicated that he preferred moving forward with subpoenas and bringing the matter on the record before the Board. Mr. Gerhardt stated his concern over the evidence, convinced there is enough evidence to allow the professionals in the Prosecutors Office to determine if there is a reason to go forward rather than bring everyone into this public setting for the same purpose.
Mr. Triantafilou, confirming that the consensus was to move forward with issuing subpoenas and continuing the investigation in the forum, withdrew his motion to refer the matter to the Hamilton County Prosecutor’s Office.
Mr. Triantafilou made a motion to Direct Staff to Issue subpoenas to two employees of the Nursing Home, identified as Gwen Gilliam and Lashelle Shabazz for the meeting on February 20th. For the record, he recapped the matter for investigation. Mr. Mallory seconded the motion. The motion passed unanimously.
Mr. Triantafilou made a motion to issue subpoenas to the four temporary BOE staff members that were at the Nursing Home that day; Mr. Mallory seconded the motion. Mr. Gerhardt inquired about additional subpoenas and questioned the extent of the Staff investigation and whether it should include Nursing home residents involved. Ms. McFarlin stated she did not support that. Mr. Gerhardt reminded the Board that this was the reason he strongly supported referring the matter to the Prosecutor’s Office as they are better suited to conduct a thorough investigation. Ms. McFarlin called for a vote on the motion on the floor. The motion passed unanimously.
IV. CERTIFICATION: MARCH 19, 2024 PRIMARY ELECTION WRITE-IN CANDIDATES
The Board was advised that no write-in candidates filed for the March 19, 2024 Primary Election.
V. CERTIFICATION: MARCH 19, 2024 PRIMARY ELECTION CHARTER AMENDMENTS
The Board was advised that there were no Charter Amendments filed for the March 19, 2024 Primary Election.
VI. APPROVE: MARCH 19, 2024 PRIMARY ELECTION BALLOT PRINTING OUTSOURCING PLAN
The Board reviewed the Primary Election Ballot Printing Outsourcing plan. The plan allows the print vendor, MCR, to print the absentee ballots and assemble the packets which are brought to the BOE for quality control and delivery to the post office.
Mr. Triantafilou made a motion to approve the March 19, 2024 Primary Election Ballot Printing Outsourcing Plan; Mr. Mallory seconded. The motion passed unanimously.
VII. APPROVE: CAMPAIGNING DURING EARLY VOTING PERIOD POLICY
The Board was advised that this policy is a formalization of the current practice with a few changes to allow discretion of the Director and Deputy Director regarding parking and designation of campaign areas.
Mr. Triantafilou made a motion to approve the policy; Mr. Mallory seconded. The motion passed unanimously.
VIII. RESOLUTION: AGREEMENT TO RENEW VOTING SYSTEM PROJECT CONTRACT ADDENDUM TO OHIO STATE CONTRACT (RESOLUTION #2024-001)
Ms. Poland reported that it has been 5 years since the implementation of the HART Verity System which was an initial 5-year term, with a 5-year renewal option. Staff recommends renewal.
Mr. Triantafilou made a motion to adopt Resolution #24-001: 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: FEBRUARY 20, 2024
CHAIR: GWEN MCFARLIN
DIRECTOR: SHERRY L. POLAND