Kathryn

Porter et al.
V.
Colorado At-large delegation
Committee on Contest Hearing
July 11, 2016
Cleveland, OH

This materially flawed election

must not stand
Confidence in the delegate selection process is at stake.
Election was unfair, inaccurate, and unverifiable.
Conduct of the election made a mockery of the GOP principles.
CRC and Respondents continue to operate in bad faith.
Remedies are imperfect, but accepting the results is unprincipled.

Elements of the Flawed Election

1. Ballots excluded names (violation of bylaws)
Created a domino effect of problems
2. CRC rejected compliant ballots to favor less capable
vendor
3. Over 11% of candidates harmed by errors
4. Cruz slate received favored treatment
5. Vote tabulation inaccurate, unverified
6. Thin margins caused errors to have material impact
7. Convention body obstructed from timely challenges

Key cause of spoiled election

Favored vendor (Dominion) could not tabulate a two-sided ballot

Proper ballots available from prior vendor ES&S

Proper ballots available from Clear Ballot

Dominion Ballot Problem--examples

Tight Timelines Were Not the Issue

Timelines were not the constraint

Ballot printing was planned and available in-house (EPCO)
Commercial printing began April 4, (8 days after all candidate
forms due)
Problem was not printing deadline
but Dominions one page tabulation limitation

Trump slate had 9 errors in 26 candidates

(beyond candidates control)

Trump slate errors (9 of 26 names)

impacted results
Official&
Trump&Slate&&&&&
Flyer&
ballot&#& &Official&Name&Assigned& Votes&for& Votes&for&
Flyer&Info
Ballot&# assigned to&Flyer&#,&if&different
Slate&#
Slate&Name
Patrick&Davis
114
114
493
Edward&Barlock
19
19
486
Sherry&Dooley
133
133
476
Beverly&Gerlock
184
184
475
Michael&DiManna
127
127
444
Bradley&Holbrook
240
240
410
Kimberly&Jajack
589
589
380
Lana&Fore
168
168
355
Wendi&Seger
471
471
354
Jonathan&Reed
433
433
350
Robert&Rising
444
444
349
Helbis&Varangot
541
541
348
Robert&Jenkins
257
259 Wesley&Jackson&[T
344
166
Peg&Rollans
449
449
343
Rheba&Massay
598
598 NONE
331
Gabriel&Schwartz
610
610 NONE
326
James&Charles&Watkins 551
551
318
Gerald&Wrench&
576
576
309
Howard&Williams
565
565
308
Becky&Mizel
602
606 Paul&Neely&{u}
281
75
Spencer&Swalm&U
516
516
268
William&Lambert
289
298 Ervin&Krause&[C]&
257
178
Drew&Massay
320
328 Jeffrey&Lowe&[U}
233
155
Denis&McElroy
334
339 Richard&McCaskill&[T]&
233
238
Alexander&Pimentel
403
410 Jon&Mark&Patterson&[T]
190
238
Jerome&Parks
379
401 Nicolas&Robert&Neitzel&[T]&
122
122
no&error
Error&favorable&to&candidate
not&listed&in&official&program,&or&1st&supplement
Slate&ballot&#&wrong&and&assigned&to&another&candidate&

Alternate?&
Y
Y
Y
Y
Y
Y
Y

Candidates could not protect themselves

from error or sabotage

CRC communicated incorrect ballot numbers, undermining campaign

efforts
Flyers used wrong ballot numbers
Were errors unintentional or competitive sabotage?
Candidates could not mitigate the damage
Rules adopted at convention required candidate names, grouped by
pledges

63+ Candidates Impacted by Errors

Exhibit 19
https://www.scribd.com/document/317924565/Exhibit-19-
Documented-Ballot-Errors

Bob Jenkinss StoryPitkin County Chair

On official Trump slate
Campaigned all day, distributing Trump flyer with 257
Learned moments before balloting that his number was 259
#257 votes = 344
#259 votes = 166
Total = 510
Minimum to win alternate = 380 Votes

Kelsey Alexander, Douglas County Activist

Learned at convention, that she was not on ballot list-- no number
Spent 2.5 hours trying to obtain number
Assigned #632
Campaigns with 632 on forehead
Learns her number is 636 after balloting begins
Adding votes from 632, 636 and Alexander
on ballot = 381
Minimum votes to win alternate was 380 votes

Small Margins-> Material Errors

.01% margins of victory,

2 vote difference
between Delegate and
Alternate category

Lana Fore, former Sec.

COGOP (Contestant)
One place out of being an
alternate -- 25 votes
Last alternate
Next in line

False positives? Vote Count anomalies

REQUIREMENTS OF A FAIR ELECTION

Fair, equal ballot access for eligible candidates
Voter eligibility
Fair electioneering rules
Voter privacy
Transparent, accurate tabulations
Complete, accurate reporting
Process for verification and objections

Considerations for the Committee

Credibility of Respondents/ CRC
Refusal to turn over basic records, including Credentials Report.
Refusal to publish minutes of the convention.
Adverse inference should be invoked to assume all Contestants
allegations are true.
Quote from Maine decision

Fundamental Party Principle

Our Party Platform- Honest elections

are the foundation of representative
government

The Committee must use its broad discretion

to achieve a fair remedy
2012 Maine contest case decision by this Committee,
[T]he Committee has broad authority to fashion an equitable remedy,
especially in an instance like this where the non-compliance with the
applicable procedural rules was so widespread and fundamental in the
election