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Monday August 27, 2016 ‘To the Honorable members ofthe State Board of Elections fr the Commonwealth of Kentucky, |'am submiting this letter to you today to inform you of several serious issues and conoems that hhave arisen since | was hired to serve as Executive Director of the Stale Board of Electone, 'ssues | feel need the immediate consideration ofthe Members ofthe Board. | would lke to start by saying that this poston has been highlight of my career, and has been ‘more rewarding then | can expres inthis letter alone, When | ook this pasion, Assistant Director and General Counse! Jennifer Scutchfald and | pledged to each othe that we would take our paltical party hts off and administer the Commanwealth’s election system with a sense of equity and fainsss. We agreed we would make no decisions that would benefit one poltical party at the expense of the other and I eal hat, tothe best of our ability, we have done that. However, over the past year, both AD Scutchfeld and | have been askad by Secretary of State Alison Lundergan-Grimes, andlor a representative of her office, to do things we have found tobe inappropriate, unethical and potential legal. Both AD Scutchfeld and | have protested each ofthese equests and, in one case, refused to comply, and in response, 2 ‘campaign of harassment and retaliation by Secretary Lundergan-Grimes has occurred and increased to a point that's now affecting the security and safty of the Commonweath’s election systems. ‘Therefore, pursuant to K3S 61.102(1), 2m notifying you, the members ofthe State Board of Elections, that | have submitted a referral (simlar in description to this report) othe Executive ranch Ethies Commissinn, Below i a brief summary of several ofthe issues and concerns that need the attention ofthe ‘Board and other relevant reguatory agencies: + Secretary of State (SOS) staf continue to have access to and use the Voter Registration Database (also krown as "VRS" for inappropriate reasons, which include, but may not be limited to, the sse of VRS to look up potential SBE stale employees during the Interview process. During the discovery process forthe lawsuit fled against the SBE and SOS by former SRE Assistant Director Matt Selph for wrongtul termination, it was brought {light thet SOS staf (during my tenure) have looked up the vote registration and part affilton information of curent SBE staff and potential SBE staff ‘during ther interview process. These employees include both merit and ‘contracted employees, ‘+ Incr around Janvary 2018, AD Scutchild and myself wore told by SOS staff that we were not to have any communication with members ofthe State Board of Election that, was not first reviewed and approved by the Secretary “This has isolated SBE sttf and precluded us fom keeping the bipartisan State Board of Elections informed of concems ana pessibe conficts between the interests ofthe SBE and those ofthe Ofce of the Secretary of State “+ On July 8, 2018, Secretary Lundergan-Grimes instructed SBE staff to not comply wth @ Jucicialy-ordered Deparment of Justice Consent Decree. ‘After several months of joint negations between SBE counsel, SOS staff and the Department of Justice, the SBE entered into a Federal Consent Decree on July 3, 2018. The consent decree mandated SBE to proceed with, and in ately ‘manne, the completion ofa voter registration address confimation and inactive voter process. It should be noted that reason for 004 involvement and ultimately for entring nt thie coneant decree tho pact fara of SBE (undor tho doy to day management of the SOS) to achere to andor folow portions ofthe National Vote: Rights Act (NVR) forthe previous six years. On July 3, 2018 US District Judge Tatenhove signed this Consent Decree making I legal binding. Later that ‘same day, | was called into speak to Secretary Lundergan-Grimes inher office. In this meating | was specifica told to immediately stop the scanning of a retuned voter address confirmation cards, which was in direct contraction to the consent decree. At that time, SBE had already mailed over 600,000 postcards and had received back over 100,000, al of which wee tobe scanned. By not scanning the retumed cards, we would nat be able ta generate the second maling, ich was required per the signed consent decree. ‘Aer leaving this meeting, having voiced my concer about the nature ofthis request, tath AD Scutchfeld and | continued to question the legality of his request tc SOS staf. By the folowing Monday, both AD Scutchfield and | were told by SOS staff that we were alowed to continue the scanning process, however, ve were (per SOS staf to ‘slow-walk’ them. Nether AD Scutcheld or | compliec withthe demands to ether “stop” or‘slow-walk’ this process. At the time of tis report, SBE has scanned approximately 220,000 postcards tis importantto also note that during the negotiations with the OO, SOS staff mandated that neither AD Scutchfielé (who was, at the time, also the General ‘Counsel tothe SBE) nor | were to have any further contact withthe DO and that al furher communication with DOJ would Immediately go through outside ‘counsel, Luke Morgan, and SOS stat +The Secretary has been given emergency authori fom the Board te send pol workers ‘across county ies into any location in the Commonwealth at her discretion. In our fist month at SBE, AD Scutcfield and identified that many of the ‘Commonwealt’s voting precints were not being filed wit the statutory Fequited two Democrats and two Republicans. We brought this to the attention of ‘SOS staff along with a three- to four-year plan to holistically ix the problem without demaging it further, either tangiby or by reputation. However, the Secretary brought an emergency reguaton to the Board for passage, which, Im opiioy, didnot uly explain tothe Board the complexity ofthe problem andlor the potential negative externalities of ts passage. My main opposton with ‘ths regulation was that thare was not a reserve of pol workers that represent an ‘equal percentage of party affiliation that could be tapped into. This was made ‘evident before the primary election, when the Secretary launched a statewide ‘mecia push forthe recruitment of poll workers and the overwhelming percentage cof volunteers were Democras from Jeflrson and Fayette Counties. Tiss a problem Eecause the current imbalance of poll workers already leans heavily Democratc, threfore, exacerbating the problem of equal representation for both partes. Eoin AD Scutchfeld and I slated we were unwiling to send troops of Democras throughout the Commonwealth's counties without the equlable distributor of Repubicans as well. Secretary Lundergan-Grimes has given the Office ofthe SOS the abity to recruit pol workers, side steaping 2 process that was bul to have checks and balances within the ‘two-party struct This potentially lows for the Ofice ofthe SOS to pick and choose pall workers with no opposing party oversight Part of SBE's plan to rectify the imbalance of pol workers, orignaly presented to ‘SOS staf was that SBE would create a web service and backend database thet would allaw both poical partes, county Boards of Election and County Corks to recruit pot workers and futher give the voters of Kentucky a pace tog in to volunteer, receive information, and potentall taining, ‘The Secretary decided that the Office ofthe SOS would bulé the service proposed by SBE. When SBE was consulted, we responded with our concems ‘hat their bul timeline was unreasonable to also account for the prerequisite securly ai stably a system ofthis complexity and size would need. In the end, they had one SOS developer build this system in less than one week. For comparison, SBE's propesed production schedule for this product would have taken mutiple developers several months to design, build and testa systom before desloyment, ensuring the appropriate stably and securty fr an election system. Although my concerns about the security and stabily ofthe platform that was bul are inczedibly important, lam more concerned with the erosion ofthe foundation of checks and balances that thet gover the reccutment and placemer of pol workers. The system the SOS has bul resides inthe offce ofa Polticaly elected official, whereas a system bul by SBE would have been housed and administered in an ofce with bipartisan adminstration and Board oversight “The Secretary has requested, and is now in possession of, the names, adcresses, counties, precines and party aflatons of al 15,000 state pol workers, This information was requested by the Office of the SOS in orde to mall alter of gratitude directly from Secrotary Lundergan-Grimes on SOS letterhead, prior to one of the most contentious ‘lections forthe Commonwealth in many years, {AD Scuteiild and | have, at multpe times, insisted thatthe Secretary’ request be preserted to the full membership of the Board, with a full explanation of ts so and fistory. We have also suggested that tne letter come from the Board on ‘SBE letemnead to remove any perception of inappropriate influence onthe Noverte: General Election, Adcitonaly, we have requested that the letter be sent afterthe election, rather than before