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Home / About The Board / Press Releases and Board Meeting Notices / July 9, 2024 Board Meeting Minutes

July 9, 2024 Board Meeting Minutes

July 9, 2024

July 9, 2024 Board Meeting Minutes

July 9, 2024

HAMILTON COUNTY BOARD OF ELECTIONS
MEETING HELD
JULY 9, 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 is attached herein for reference

I. APPROVE: BOARD MEETING MINUTES: JUNE 11, 2024

Mr. Triantafilou made a motion to approve the Board Meeting minutes for June 11, 2024; Mr. Mallory seconded. The motion passed unanimously.

II. HEARING: REGISTERED VOTER CHALLENGE

Chair McFarlin read a statement in explanation of this administrative hearing, under which the Board is operating in a quasi-judicial capacity.

Mr. Curt Hartman, attorney for the challenger Rebecca Bailey, presented his statement of challenge with regard to Jessica Kotha. Mr. Hartman stated that Dr. Kotha is registered to vote in Hamilton County, registered in Anderson Township. Mr. Hartman asserted that Dr. Kotha moved to Jefferson County Kentucky in 2016, and has established residency there, including purchasing property and maintaining her medical license and employment there.

Upon making his opening statement, Mr. Hartman called Jessica Kotha as witness. Mr. Tim Burke asked to be recognized as the attorney for Dr. Kotha. Dr. Kotha was sworn and questioned by Mr. Hartman. Mr. Burke provided a cross examination of Dr. Kotha. Mr. Hartman provided a redirect of Dr. Kotha. Mr. Triantafilou, Ms. McFarlin and Mr. Mallory asked questions of Dr. Kotha. An exchange involving the Board and Mr. Hartman and Mr. Burke followed.

Mr. Triantafilou made a motion to enter an Executive session for the purpose of deliberation of this quasi-judicial proceeding; Mr. Mallory seconded. Ms. McFarlin -aye; Mr. Triantafilou -aye; Mr. Gerhardt -aye; Mr. Mallory -aye; whereupon the Board entered Executive session at 9:37am.

Mr. Triantafilou made a motion to come out of Executive session; Mr. Mallory seconded. Ms. McFarlin -aye; Mr. Triantafilou -aye; Mr. Gerhardt -aye; Mr. Mallory -aye; whereupon the Board returned to regular session at 9:52am.

Mr. Mallory made a motion to deny the Registered Voter challenge; Ms. McFarlin seconded. The motion passed unanimously.

III. REVIEW: VOTER REGISTRATIONS SUBMITTED BY BLACK FORK STRATEGIES

Ms. Poland reported that the organization Black Fork Strategies has been conducting a voter registration drive in Hamilton County and throughout the State of Ohio. There are a number of registrations submitted by this organization that, upon staff review, appear to be suspicious. The Board reviewed the information provided by Staff. Ms. Poland indicated that Black Fork has provided the Southwest Regional Field Director’s name and contact information. Ms. Poland indicated that she, Mr. Linser and Mr. Eckert met with the Field Director to discuss what was being submitted by the organization. It is being brought to the attention of the Board at this time to discuss “next steps”. The Board discussed the newly created department within the Ohio Secretary of State’s Office which is dedicated to investigating suspicious or irregular or potentially fraudulent activity in the election process. Mr. Triantafilou stated that he agreed with a plan of referring this matter to the Secretary of State’s office, assuming we can still refer to the Hamilton County Prosecutors office if we believe it is necessary, and that we continue to track the cases and place back on our agenda for a progress report.

Mr. Mallory made a motion to refer the Black Fork Strategies matter to the Ohio Secretary of State’s Office for further review; Ms. McFarlin seconded. The motion passed unanimously.

IV. DISCUSSION: EARLY VOTE CENTER CAMPAIGN POLICY

The Board is in receipt of the legal opinion it requested of the Hamilton County Prosecutor’s office regarding a public request for separate designated campaign areas based on party affiliation in the campaign zone of the Early Vote Center.

Mr. Triantafilou indicated that this legal opinion was protected by Attorney/Client privilege and made a motion to waive the attorney/client privilege as it relates to the June 25, 2024 Early Vote Center Campaign Policy legal opinion and to make the opinion available to interested parties; Mr. Mallory seconded. The motion passed unanimously.

Mr. Triantafilou summarized the opinion to state that the Board cannot regulate content spaces; the Board may not indicate what speech is permitted in certain spaces. Ms. McFarlin invited public comment.

V. APPROVE: NOVEMBER 2024 EQUIPMENT ALLOCATION

Mr. Triantafilou made a motion to approve the November 2024 Equipment Allocation; Mr. Mallory seconded. The motion passed unanimously.

VI. APPROVE: NOVEMBER 2024 BALLOT AND PROVISIONAL ENVELOPE QUANTITIES

Mr. Triantafilou made a motion to approve the November 2024 Ballot and Provisional Envelope Quantities; Mr. Mallory seconded. The motion passed unanimously.

VII. APPROVE: 2025 PROPOSED BUDGET

Mr. Triantafilou made a motion to Approve the 2025 Proposed Budget; Mr. Mallory seconded. The motion passed unanimously.

VII. OTHER BUSINESS

Ms. Poland provided an updated staff organizational chart.
Mr. Linser reported that at the Secretary of State’s Conference last week, Director Sherry Poland was honored with the Election Official of the Year Award by the Ohio Secretary of State.

There being no further business to come before the Board at this time, Mr. Mallory made a motion to adjourn; Ms. McFarlin seconded. The motion passed unanimously.

APPROVED: AUGUST 13, 2024

CHAIR: GWEN MCFARLIN

DIRECTOR: SHERRY L. POLAND