Protestor: z Martyn Marks ee November 17, 2016 ~Poard Consideration: Noveibo een ne 18,21, 202016 Findings of Fact: ‘On November 18 at an Absentoo meeting and on November 21 and 28 at Canvas meeting, the Board conducted a preliminary meeting to discuss the protest Frocated by Ms. Marks, Ms. Marks alleged that the audit of Marion Diehl Early Vating Site and Te etY Procinct 234 tailod to comply with NCGS 163-182.1(b){1) requiring a hand-to-eye ount for sites slacted for aucit by the State Board of Elections, In accordance with North Carolina law, the State Board of Elections ordered Mecklenburg (County to conduct an audit using a hand:-to-eye count for Marion Diehl Early Voting site and ee cay rect a4) Anticipating the high probability of a paper jam on one of the: JSS Sees of tho RTAL to comploto the sud when there has been & paper jam ane af the IVowronic machines but has not authorized its lise when thera is no evidence of a paper jam. In previous years, Mecklenburg County has: ‘Several occasions when there has been a paper jam on ene of more of the iVetromic machines. tn this instance, at the time of the audit, base on his experience and the 8.5 miles. of RTAL at ‘Marion Diehl, Mr. Dickerson predicted, but did not have evidence of, a paper jam at the time of the audit. On November 22, 2016 at approximately 3:20, however, the staff at the Mockienburg ‘County Board of Elections presented to the Chairman evidence that a paper jam had occurred ‘at Early Voting site Marion Diet on Novembur 2, 2016, Addivanally, evidence Was presented 10 the Chair that a printer malfunction occurred on Election Day at Precinct #234, rior to receipt of this information of proof of a paper jam, the Board at the November 18 and 21 ‘meeting had reached a decision 19 move to a hearing regarding the protest but that the matter ‘did not warrant a delay in carrrase. Atthe November 28 meeting, in light of the informaton prosontod on Nevorbe 22 shvdha&pape ana ot ms requ obo auto warranting the use of the vote image log, '@ motion to dismiss the protest.