VIRGINIA: IN THE CIRCUIT COURT FOR STAFFORD COUNTY Terry Caldwell Rachel Watsky Petitioners ve Gregory Riddlemoser, Registrar, Stafford County Electoral Board Douglas Filler, Chairman, Stafford County Electoral Board Marie Gozzi, Vice Chairman, Stafford County Electoral Board Gloria Chittum, Secretary, Stafford County Electoral Board Stafford County Electoral Board Respondents SEV CCRT Meet vIAGINA, case no: CL/)- 2264, PETITION FOR MANDATORY INJUNCTION Petitioners, by counsel, petition this Court for a Mandatory Injunetion issued to Gregory Riddlemoser (“Riddlemoser”), Douglas Filler (“Filler”), Marie Gozzi (“Gozzi"), Gloria Chittum (“Chittum”) and the Stafford Court Electoral Board (“SCEB”) (collectively, “Respondents”, pursuant to Va. Code § 8.01-628. In support thereof the Pel mners state as follows: I. Jurisdiction 1. This Court has jurisdiction for all claims brought herein, pursuant to Va, Code § 17.1-513. I. Venue2. Venue for all claims herein brought is proper in this forum under Va. Code § 8.01-261.1(@)(2) because the Petitioners reside in and regularly or systematically conducts their affairs or business activity in Stafford County. 3. Venue for all claims herein brought is proper in this forum under Va, Code § 8.01-261.2 because this action is against one or more officers of the Commonwealth in an official capacity and the official office of such persons is located in Stafford County. 4, Venue for all claims herein for injunction is proper in this forum under Va. Code § 8.01-261.15 because the act to be done, or being done, or is apprehended to be done, is in Stafford County. Ul. Parties 5. Petitioner Caldwell, a member of the U.S. Military, is a resident of Stafford County, in the Commonwealth of Virginia, and attempted to vote in-person in, the November 7, 2017 Commonwealth of Virginia General Election. 6. Petitioner Watsky is a resident of Stafford County, in the Commonwealth of Virginia, and attempted to vote in-person in the November 7, 2017 Commonwealth of Virginia General Election. 7. Riddlemoser is a resident of Stafford County in the Commonwealth of Virginia and at all times relevant hereto served as the Registrar of the SCEB. 8, Filler is a resident of Stafford County in the Commonwealth of Virginia and at all times relevant hereto served as the Chairman of the SCEB. 9. Gozzi is a resident of Stafford County in the Commonwealth of Virginia and at all times relevant hereto served as the Vice Chairman of the SCEB. Page 2 of 1510. Chittum is a resident of Stafford County in the Commonwealth of Virginia and at all times relevant hereto served as the Secretary of the SCEB. IV. STATEMENT OF FACTS AND ARGUMENTS Il. On November 7, 2017 (“Election Day”), a General Election occurred in Stafford County for the election of several State and local offices, including but not limited to, the office of the 28" District of the Commonwealth of Virginia General Assembly (the “Election”). 12, Poll workers in Stafford County provided voters on Election Day who voted by Provisional Ballot with conflicting instructions regarding the opportunity for provisional voters to present information to cure ballot discrepancies. One document, entitled “Provisional Voter Notice ~ Identification” stated: “Voters have until noon on the Friday after the election to provide an acceptable form of photo ID”. See, Exhibit A, Provisional Voter Notice ~ Identification. 13, The Friday after the Election, November 10, 2017 was Veterans Day, a federal holiday, and the office of the Registrar was closed. 14, Poll workers in Stafford County provided voters on Election Day who voted by Provisional Ballot for issues other than identification with a “Provisional Voter Notice” that stated that a voter could present information to cure their ballot during a meeting beginning on Wednesday, November 8, 2017 or “request an extension of the meeting to the next day in order to provide such information.” See, Exhibit B, Provisional Voter Notice. 15. Attached to or accompanying the “Provisional Voter Notice Identification” and the “Provisional Voter Notice” was a second statement, a confli Page 3 of 15,and confusing business card-sized notice a picture of “Shrek” on the front, that read on the back: Important Voter’s Notice ‘Your only chance to personally appear to speak to your Nov ’17 Provisional Ballot or as your last chance to show your photo ID... The Stafford County Electoral Board will convene on MONDAY Nov. 13" At NOON in the ABC Conference Room in the Gov't Center 1300 Courthouse RD, Stafford See, Exhibit C. 16. Petitioner Caldwell was erroneously told that he voted absentee and, as a result, was required to vote using provisional ballot. Upon submitting his provisional ballot, Petitioner Caldwell was provided both the Provisional Voter Notice and the second business card-size notice that included information about when to cure the ballot. 17. Petitioner Watsky was erroneously told that she had requested an absentee ballot and, as a result, was required to vote using provisional ballot. Upon submitting her provisional ballot, Petitioner Watsky was provided both the Provisional Voter Notice and the second business card-size notice that included information about when to cure the ballot. 18. After Blection Day, the Voter Registrar’s office provided Provisional Voters with no information to cure the conflict and confusion caused by the Notices handed to the Provisional Voters on Election Day. Nor were candidates, their representatives or representatives of political parties provided with Provisional Voter Logs so that they could contact provisional voters and provide them with correct information, Page 4 of 1519. On information and belief, as of the filing of this Petition, eandidate Joshua Cole received 49.73% of votes cast in all 28" District precincts; his opponent, Bob Thomas, received 50.08% of votes cast in all 28" District precincts. The margin of victory for Bob ‘Thomas is approximately one-third of one percent (.35%). 20. The SCEB held a meeting on Wednesday, November 8", the day after Election Day to canvass the machine and hand-counted votes from each of the precincts in Stafford County (“Canvass Meeting”). No provisional ballots were reviewed in this, meeting. In attendance were all Respondents, including the members of the SCEB and Riddlemoser, candidate Joshua Cole, Bill Johnson-Miles (from the Stafford Democratic Committee), Scott Mayausky (Stafford County's Commissioner of Revenue), M.C. Moneure (representing Bob Thomas’s campaign), Sandy Cole (representing Joshua Cole's campaign), Adela Bertoldi (from the Stafford Republican Committee), Anne Gimbel, (from the Virginia House Democratic Caucus), Olivia Jennings (from the Virginia House Democratic Caucus), representatives from Ralph Northam’s campaign, and staff membets of the Stafford County Voter Registrar's Office. 21. No Provisional Voter Logs were produced following the E review by candidate or their representatives and/or representatives-of potiticat parties until less than 24 hours before the Provisional Ballot meeting, 22, ‘The SCEB decided to hold its Provisional Ballot meeting the following Monday, November 13th at noon~ at the same date and time when all of the identifications for provisional voters are due. Page 5 of 1523. The SCEB is scheduled to meet on Tuesday, November 14, 2017 to sign the voting abstracts and declare winners of County-wide elections (not including State races). 24. ‘The Virginia State Board of Elections is scheduled to meet on Monday, November 20, 2017 to certify the results of all state-wide elections, On information and belief, the Virginia State Board of Elections is willing to push the date of its meeting out toa later date in order accommodate Stafford County's needs to resolve its issues. he Registrar’s Actions will disenfrancl eligible Provisional Voters 25, Respondent Riddlemoser informed candidate Cole and all other attendees of the November 7" Canvass Meeting that fifty Stafford voters cast provisional ballots on Election Day (“Provisional Ballots”), some of which were issued for identification reasons, Exhibit D, Declaration of Joshua Cole. 26. Five days prior to Election Day, on November 2, 2017, the Commissioner of Virginia Department of Elections sent a correspondence to Riddlemoser stating that a “copy of the provisional ballot log should be made available to authorized representatives of political parties or independent candidates. The [General Registrar’s] office may provide a paper or electronic copy of the appropriately redacted provisional ballot log to these authorized representatives.” See, Exhibit E, letter from E. Cortés. 27. Upon information and belief, notwithstanding the policy statement from the Commissioner of the Virginia Department of Elections, the next day, November 3", Riddlemoser called a special meeting of the SCEB. In that meeting, without mentioning to the SCEB that the Virginia Department of Elections had issued a statement urging the release of Provisional Voter Logs with redaction instructions, Riddlemoser strongly Page 6 of 15encouraged the SCEB to take a special vote specifically precluding the release of Provisional Voter Logs. Based on Riddlemoser’s recommendations, the Board voted 2-1 to keep the Provisional Voter Logs a secret, 28, Voters who voted provisionally because of identification issues were provided with Provisional Notice Forms that clearly stated in a prominent block of bolded text that “Voters have until noon on the Friday after the election to provide an aeceptable form of Photo ID”. The Friday after the election was a federal holiday and the Registrar's office was closed. Attached to the Provisional Notice Form was a business card that gave ambiguous directions that only served to exacerbate the confusion. See Exhibits A and C. 29. Voters who voted provisionally for reasons other than identification issue ‘were provided with Provisional Notice Forms that they could cure their ballots in the two days following the election, Attached to the Provisional Notice Form was a business card that provided conflicting instructions that voters could “only” personally appear on Monday at noon, which served to exacerbate the confusion for these voters. See Exhibi BandC. 30, For the sole purpose of making sure that voters who cast a Provisional Ballot had the correct information, and reminding them to provide proper identification to the Registrar, representatives of the campaigns and both political parties and Independent sought access to the Provisional Voter Log with enough time to be able to contact the Provisional Voters prior to the Provisional Vote meeting of the SCEB at noon on Monday, November 13%, especially since it had come to light that Provisional Voters had received incorrect information on how to provide proper identification. Page 7 of 1531. Upon leaming that Riddlemoser had not disclosed the policy statement of the Virginia Board of Elections prior to their vote concerning the Provisional Ballot Log on the Friday before the Election, the majority of members of the SCEB decided to release the Provisional Voter Log. Two members prepared a memo directing Riddlemoser to release the Voter Provision Log on November 9, 2017. See, Exhibit F, Filler and Gozzi memo dated Nov. 9, 2017. 32. Despite the SCEB"s wishes, however, Riddlemoser continued to refuse to release the Provisional Voter Log and in fact, intentionally evaded all efforts by the SCEB to demand his compliance. 33. Upon information and belief, Riddlemoser actively evaded any communications with all public officials concerning this issue, including the Stafford County Sheriff in order to avoid compliance with his duties as directed by the SCEB, in violation of Va. Code § 24.2-114.18. Riddlemoser did not answer his telephone, did not respond to text messages or emails, nor to attempts to reach him through visits to his home, thereby deliberately making himself unavailable, and otherwise evading his duties and obligations as Registrar to release the Provisional Ballot Voter Log. 34, The SCEB attempted to set up an emergeney me: 1g to direct Riddlemoser to release the Provisional Voter Logs on Saturday, November 11", Many attempts were made to contact Riddlemoser regarding this meeting. After attempts to contact him by phone, email and text were unsuccessful, attempts were made on the Facebook and Twitter pages of the Stafford County Voter Registrar’s Office, which Riddlemoser administers, Almost immediately after the attempts, the Facebook and ‘Twitter pages of the Stafford County Voter Registrar's Office were deleted or otherwise Page 8 of 15taken offline, rendering it impossible to communicate with him via social media. See Exhibit G, Screenshots. 35, Riddlemoser has an affirmative duty to “carry out the duties as prescribed by the electoral board in his capacity as the director of elections for the locality in which he serves.” Va. Code § 24.2-114.8. He failed and refused to act in accordance with the law and has intentionally put the voting rights of Stafford County residents at risk 36. Finally, late Saturday evening, November 1 |'", Riddlemoser surfaced and put out a Press Release denying any wrong-doing. Respondent Filler made contact with Riddlemoser and an emergency meeting of the SCEB was set up for the following day on Sunday, November 12, 2017 at 11:30am to discuss the release of the Voter Protection Log. 37. Riddiemoser refused to make a photocopy of the provisional log, or a redacted provisional log, for distribution. Instead, he said he would go into his office and type each name, address and phone number into an Excel spreadsheet and provide copies of that for everyone leaving no way to verify that the list was accurate, 38. Respondent Grozzi explained that the Board reconsidered their position re: provisional ballots once they saw the State Board of Elections policy statement urging release of the provisional ballot log distributed to all General Registrars before the election. They decided on November 9" (after the election) to reverse their position, and directed in a memo to Riddlemoser, signed by two members of the SBEC to release the provisional logs, and Riddlemoser has acknowledged receipt of the memo. 39. Riddlemoser said that he would distribute to everyone in attendance at the November 12" meeting, the documents provided to provisional voters at the polls. After Page 9 of 15the discussion, Riddlemoser went into his office and began typing. The Board members were allowed in his office, but no one else ~ and no one could see what he was typing. The Excel spreadsheet contains names, numbers, and addresses. 40. The procedure Riddlemoser followed in creating the Excel spreadsheet was as follows: open a provisional ballot envelope, remove the ballot, and type the voter information into the Excel Spreadsheet, then return the ballot to its provisional ballot envelope, 41, As part of typing provisional voter information into the Excel spreadsheet, Riddlemoser violated Virginia election policy by opening the provisional ballots prior to determining the validity of all the provisional ballots offered in the election. See State Board of Elections Policy 2009-006, which states “The electoral board shall not open any provisional ballot envelopes before they have determined the validity of all the provisional ballots offered in the election.” 42. By opening the provisional ballot envelopes at an unofficial meeting of the Board on November 12, 2017, Riddlemoser violated Va. Code § 24.2-653.B which provides, in pertinent part: The electoral board shall meet on the day following the election and determine whether each person having submitted such a provisional vote was entitled to do so ... If the electoral board determines that such person was entitled to vote, the name of the voter shall be entered in a provisional votes polibook and marked as having voted, the envelope shall be opened, and the ballot placed in a ballot container without any inspection further than that provided for in § 24.2-646. ... On completion of its determination, the electoral board shall proceed to count such ballots and certify the results of its count. There are no other circumstances under which a Registrar is permitted to open provisional ballots. Page 10 of 1543. By typing up a list of provisional voters, rather than copying the Provisional Voter Log and redacting it prior to distribution, the information distributed to the attendees of the November 12th meeting contained typos and incorrect information as to names, addresses and phone numbers. Petitioners Seek Preliminary Injunetive Relief from the Court. 44, To prevent irreparable harm and to preserve the court’s ability to render a meaningful judgment on the merits, Petitioners seek preliminary injunctive relief pursuant to Va. Code § 8.01-628. 45. Specifically, because the Stafford County Electoral Board plans to sign the voting abstracts and declare winners of the county-wide elections during its meeting on Tuesday, November 14, 2017, the preliminary injunetion is necessary to protect the rights of Petitioners and to prevent Respondents from not providing adequate time for voters who east provisional ballot voters to cure their ballots, 46, The criteria for the issuance of this preliminary injunction are satisfied here. First, there is a substantial likelihood that Petitioners will succeed on the merits of their claim the failure to provide clear notice on how to cure a provisional ballot constitute violations of the Due Process Clauses of both the Fourteenth Amendment of the U.S. Constitution and §11 of the Virginia Constitution. Second, without preliminary injunctive relief, Petitioners will suffer irreparable harm, including complete denial of the right to vote, Third, the balance of equities strongly weighs in favor of a preliminary injunction as the right to vote outweighs any minimal administrative ot financial burden the Stafford County Electoral Board may bear. Fourth, the preliminary injunction will serve the public interest, where all citizens have an interest in ensuring that elections are Page 11 of 15administered in a manner that complies with the law and constitutional requirements. See Newsome v, Albermarle Cnty. Sch. Bd., 354 F.3d 249, 261 (4th Cir, 2003) (concluding that “[sJurely, upholding constitutional rights serves the public interest”) CAUSES OF ACTION Count { - Violation of the Due Process Clause of the Fourteenth Amendment pursuant to 42 U.S.C. § 1983 and the Due Process Clause of the Virginia Constitution (Va. Const. Art. 1, § 11) 47, Petitioners reallege and incorporate all prior paragraphs of this Complaint. 48. The Due Process Clauses of the Fourteenth Amendment to the United States Constitution and of Article 1, Section 11 of the Virginia Constitution prohibit Defendants from depriving any person of life, liberty, or property without due process of law. 49. A fundamental element of due process is fair notice. See, e.g., Mullane v. Central Hanover Bank & Trust Co., 339 U.S. 306, 314 (1950). Notice that is confusing, misleading or inaccurate, docs not satisfy due process because it does not safeguard an individuals’ right to have a fair “opportunity to present their objections.” Id. 50, Upon casting a provisional ballot for lack of proper identification, Respondents provided voters with conflicting notices claiming both that a voter could ccure his or her provisional ballot beginning at 10:00am, Wednesday, November 8, 2017 until a deadline of 12:00pm, Friday, November 10, 2017, a deadline during which the Electoral Board of Registrar’s office was closed for the federal holiday and that the deadline to cure his or her ballot was noon, Monday, November 13, 2017. Page 12 of 1551. The conflicting voter notices may have prevented voters from attempting to cure prior to noon, Monday, November 13, 2017 or caused voters to attempt to cure on Friday, November 10, 2017, at which time they would have encountered a closed office. 52. Asa result of the conflicting and confusing nature of the notices provided by Respondents, voters who cast provisional ballots for lack of proper identification on November 7, 2017, were provided with confusing, misleading, or inaccurate information about curing their provisional ballot and denied procedural due process. 53. Respondents similarly provided voters who cast provisional ballots for any reason other than lack of proper identification with conflicting notices. One notice claimed that a voter could cure his or her provisional ballot beginning at 10:00am, Wednesday, November 8, 2017, but a second notice stated hat the voter could only cure his or her ballot at noon, Monday, November 13, 2017. 54, The conflicting voter notices may have prevented voters from attempting to cure on days or times other than noon, Monday, November 13, 2017, or at all, if other commitments prevented them from meeting the November 13 at noon deadline. 55, As aresult of the conflicting and confusing nature of the notices provided by Respondents, voters who cast provisional ballots for reasons other than a lack of proper identification on November 7, 2017 were provided with confusing, misleading or inaccurate information about curing their provisional ballot and denied due process rights, Page 13 of 15PRAYER FOR RELIEF WHEREFORE, Petitioners respectfully pray that the Court: Issue a declaratory judgment that the information Respondents provided regarding how to cure a provisional ballot violated the Due Process Clause of the Fourteenth Amendment to the United States Constitution and the Due Process Clause of the Virginia Constitution; Issue a declaratory judgment that the Petitioners’ rights will be irreparably harmed without injunctive or declaratory relief from this Court; Issuc junctive relief prohibiting Respondents, their agents, officers, and employees from making a final determination concerning the validity of all provisional ballots cast during the November 7, 2017, election under Va. Code § 24,2-653.B at the meeting currently scheduled to take place on Monday, November 13, 2017, and ordering them to postpone such determinations until Friday, November 17, 2017; |. Issue injunctive relief prohibiting the SCEB from signing the voting abstracts and declaring winners of county-wide elections on Tuesday, November 14, 2017, and ordering that it postpone the execution of voting abstracts and declaration of winners until Tuesday, November 21, 2017; . Award Petitioners their costs, disbursements, and reasonable attorneys’ fees incurred in bringing this action pursuant to 42 U.S.C. § 1988; and . Grant such other relief as the Court considers just and appropriate. Page 14 of 15Respectfully submitted, Counsel for Petitioners: Fonatian Cit (A (VSB No. 27978) GERLACH LAW FIRM, PLC 809 Charlotte Street Fredericksburg, VA 22401 Jgerlach@gerlachlawfirm.com Tel: 540-841-8829 CERTIFICATE OF SERVICE [hereby certify that a true copy of the foregoing Petition for Mandatory Injunction was hand delivered on this 13" day of November, 2017 to: Gregory Riddlemoser, Registrar, Stafford County Electoral Board And Douglas Filler, Chairman, Stafford County Electoral Board And Marie Gozzi, Vice Chairman, Stafford County Electoral Board And Gloria Chittam, Secretary, Stafford County Electoral Board And Stafford County Electoral Board c/o Stafford County Electoral Board 1300 Courthouse Rd Fonathan & Gerlach, de Stafford, VA 22554 Page 15 of 15EXHIBIT APROVISIONAL VOTER NOTICE — IDENTIFICATION §§ 24.2-643 and 24.2-653 of the Code of Virginia An offcer of election must give this notice to every voter who completes a provisional ballot for lack of proper identification, Dear Provisional Voter: You voted 2 provisional ballot today because you did not present the required identification. Your vote will not count unless you provide the required photo identification by the deadline listed below. Your local electoral board will meet to determine which provisional ballots should be counted. The meeting will begin at 10:00 a.m. tomorrow (Wednesday) at Stafford County Courthouse. You have the following options to provide the required photo identification documents: ‘© attend the meeting at which you can request an additional day to provide the requisite identification; or ‘+ no later than noon on Friday after the election, provide the electoral board a copy of your required identification. You may use fax, email, U.S. mail, or a commercial delivery service as long as the ‘identification document is actually received by the electoral board by the noon Friday deadline, JF you have questions, please call the general registrar’s office at 540-658-4000. If the electoral board cannot determine that you are a qualified registered voter of this precinct, then your ballot will not be counted. After the completion of the vote count, usually by late Friday afternoon, you can find out if your ballot was counted by calling the general registrar's office at 540-658-4000. How to Submit Your Required Identification Please provide a copy of your required photo ID in-person or to the address, email, or fax number below by noon on the Friday after the election. If you do not possess acceptable identification, a temporary ID may be made for you at your local general registrar’s office. if Physical Address: Mailing Addres Physical Address: ae Dewar 1300 Courthouse Road P.O. Box 301 Stafford, VA. Stafford, VA 22554 22555-0301 Email: rogistrar@staffordcountyva.gov Fax; 540-658-4003 ee eae A de: + Valid Virginia drivers lense, + Valid United States passport Voters have until noon on the Friday + Voter photo identification card issued by the after the clection to provide an acceptable Department of Elections form of photo ID + Hienification card issued by the federal y ; men, she Common sitio + You may fax, email, mail, or submit your ieee oral na photo ID to the electoral board + Valid student photo identification card from a ‘Please contact your local registrar at the school, college, or university located in Virginia number listed above if you have questions © Valid employee identification card issued in the normal course of business Tribal enrollment or other tribal ID (Locality modified) SBE-643, Rev 2/16EXHIBIT BPROVISIONAL VOTER NOTICE g § 24.2-653, Code of Virginia The officer of election must give this notice to every voter completing a provisional ballot atthe polling place for one of the reasons indicated below. The officer must also check the provisional reason(s) below that correspond to the voter's provisional ballot envelope. Dear Provisional Voter, You voted a provisional ballot today for the reason(s) checked below. Your local electoral board will determine which provisional ballots should be counted. The meeting will begin at 10:00 a.m. tomorrow (Wednesday) at Stafford County Courthouse, You have the right to attend the meeting to present any information that might prove you are a qualified registered voter of this precinct; you may bring legel counsel with you. You may also request an extension of the meeting to the next day in order to provide such information. Tf you have any questions, call the ‘general registrar's office at 540-658-4000. If the electoral board cannot determine that you are a qualified registered Voter of this precinct, then your ballot will not be counted. After the completion of the vote count, usually by late Friday afternoon, you can find out if your ballot was counted by calling the general registrar's office at 540-658-4000. Name not on poltbook (Reasons #1 and #2) Your name did not appear on the list of persons registered to vote in this precinct and the general registrar either could not determine your qualifications to vote or could not be reached. Since you told the election officer that you are qualified and registered to _ Vote in this precinct you have been given a provisional ballot to vote, To count your ballot, the electoral board must etermine that you are or should have been registered. for this election and are qualified to vote in this precinct. If you applied for registration at a DMV ot another government agency, please provide the agenoy namo, location and approximate date to the officer of lection. If you have a registration receipt from an agency, please provide the information to the officer while you are at the polls, or call your local general registrar before the meeting listed above. If it is proven that you attempted to register before the close of books at 2 DMV office or another National Voter Registration Act designated agency (and only at these offices), the registrar will use the voter registration application you completed and turned in at the polls today to determine your qualifications to be registered, which may result in your ballot being counted. If your registration was cancelled and you believe this was in error, you may provide information to this effect to the general registrar before the meeting listed above, ot attend to present your information. ‘The general registrar will notify you in writing if ‘you are not properly registered. HAVA-S Provisional Voter Notice (Voted after normal poll closing (Reason #3) ‘You were required to vote a provisional ballot because you voted after the normal poll closing time due to a ‘court order extending the voting hours established by state law. If the court order has not been overturned when the ballots are ready to be counted, and you are otherwise registered and qualified to vote in this precinct, your ballot will be counted, If another provisional reason also applies to you, please see that reason. 1 Absentee ballot lost or not received (Reason #4) ‘You were required to vote a provisional ballot because ‘our records show that you were issued an absentee ballot but it had not been retumed prior to election day, either marked or unmarked. You offered to vote in your regular polling place, indicating that your absentee ballot was unavailable, If you are otherwise registered and qualified to vote in this precinct, your provisional ballot will be counted after the electoral board verifies that your absentee ballot was not received and counted. Shown as having already voted (Reason #5) You are required to vote a provisional ballot because the pollbook shows you have already cast a ballot. Ifelections officials are able to detecmine that you id not actually cast a ballot, or that there is an error ‘within their records, your ballot will be counted. Other (Reason #6) (ocality modified) SBE Rev 07/14EXHIBIT Cee eee rere Eee Cates Important Voter's Notice Your only chance to personally appear to speak to your Nov. ‘17 Provisional Ballot or as your last chance to show your photo ID... ‘The Stafford County Electoral Board will ‘convene on MONDAY Nov. 13° At NOON in the ABC Conference Room in the Gov't Center 1300 Courthouse RD, StaffordEXHIBIT DSTATE OF VIRGINIA COUNTY OF STAFFORD Personally came and appeared before me, the undersigned Notary, the within named JOSHUA GREGORY COLE who is a resident of Stafford County in the Commonwealth of Virginia, and makes this his Affidavit upon oath and alfirmation of belief and personal knowledge thatthe Following matters, facts and things set forth herein are true and correct to the best of his knowledge. ABFIDAVIT OF JOSHUA GREGORY COLE 1. My name is Joshua Gregory Cole and | am a resident of Stafford County in the Commonwealth of Virginia. 2, Lam the candidate for the 28 District of the Virginia House of Delegates. 3. Lattended a meeting at the Stafford County Registrar's Office the day after the November 7, 2017 election for the purpose of swvassing the machine and hand-counted votes of each, of the precincts in Stafford County. 4, Atthat meeting the Registrar, Greg Riddlemoser informed everyone at the meeting that there were 55 Absentee Ballots that had arrived at his office that morning (November 8) and that, because those Absentee Ballots were not received “i hand” at his office by the close of the polls ‘on November 7", they were not admissible and would not be counted, 5. Regarding the provisional ballots, Greg Riddlemoser informed the attendees that there were 50 provisional ballots cast atthe polls on Election Day, some of which were for identification reasons. aap Dated this EZ dy of November, 2017 Sworn to and subsribed before me this ES Ady of November, 2017. Notary Public My commission expirespet | 30, 26 18 ‘DEBORAH 1. DAMERON Notary Public CCommotweath of Virginia 368146 My Commission Expires Ape 20, 2018EXHIBIT EFrom: The official communication list for the General Registrars of the Commonwealth L J On Behalf OF Cortes, Edgardo (ELECT) ‘Sent: Thursday, November 02, 2017 4:36 PM To: Subject: [GRLIST] OFFICIAL ELECT COMMUNICATION: Reminder - Guidance Regarding Release of Provisional Ballot Logs ELECT is aware of the request many of your offices have received to provide access to provisional ballot logs. Please be reminded that a copy of the provisional ballot log should be made available to authorized representatives of political parties or independent candidates. The GR’s office may provide a paper or electronic copy of the appropriately redacted provisional ballot log to these authorized representatives. The log may be provided as soon as the polis close, but should be provided no later than the start of the provisional ballot meeting. ‘Further, during the provisional ballot meeting, an authorized representative is permitted to inspect the provisional ballot log and take notes from the list, including the names, phone numbers, and addresses of individuals who have voted provisionally. Separately, copies of the provisional ballot log may be provided to these authorized representatives during the meeting. All confidential information must be redacted from any provisional ballot log before being provided to anthorized representatives. The confidential information that must be redacted prior to release includes: any part of the social security number, day and month of birth and the reason for issuing the provisional ballot and whether the ballot was counted. Edgardo Cortés Commissioner Virginia Department of Elections 804-864-8903 direct To unsubscribe trom the GRLIST list, e-mail This list is made possible by a grant from the U.S. Institute of Museum and Library Services (MLS).EXHIBIT FNovember 9, 2017 To: Greg S. Riddlemoser, Director of Elections & General Registrar, Stafford County From: Douglas Filler, Chairman, Electoral Board, Stafford County Marie Goz2i, Vice-Chair, Electoral Board, Stafford County Subject: Release of November 7, 2017, Provisional Ballot Information Upon consideration of the concerns raised regarding the release of the identities and phone numbers of individuals who voted provisionally November 7, 2017, we have nonetheless decided to authorize the release of this information to only appropriate, credentialed county Democratic and Republican party officials, for this one time only, within a designated time and secure place your office/staff select. We realize the gravity of this situation; as we understood from the presentation at yesterday's canvass, the Code seems to be a “grey area’ in this regard. We emphasize again tis only the desire for transparency that we ask this of you. We appreciate the experience brought to this question that you offer but as Board members, we feel the community would be served by this one time exception. Desf hens Dac tras Douglas Filler Matie Gozzi Chairman, Electoral Board Vice-Chair, Electoral Board Stafford County, Virginia Stafford County, Virginia Cc: Gloria Chittum, Secretary, Electoral Board, Stafford County, Virginia