WEBVTT

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- I believe the bell work there it is how's that how's that for timing I'm going to call the June 4th

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- 2026 election board meeting to order. We're going to modify slightly I'm going to ask Kylie to update

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- some election board minutes because we don't have them all yet.

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- Yeah, so we were talking about it within the office and have decided that it would be better to hold

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- off on the minutes until all of them are completed. And then we just approve them at the same time so

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- that we are up to date and don't have part of them now and part of them in July. And then in addition

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- to that, I do have a couple of

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- upcoming important dates that are coming up on us, one of which being June 18th, 2026 at noon. That

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- is the deadline for school board filing. Then June 30th, 2026 at noon is the independent and minor party

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- candidate petition filings. That is your deadline to get your first set of petitions within our office.

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- And then July 3rd, 2026 at noon is the last day to fill any ballot vacancies.

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- July 6th at noon is writing candidate filing. July 15th at noon is independent minor party candidate

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- filing. And then July 15th at noon is candidate withdrawal for the general election. That was a lot.

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- It's all in an email going to you guys. So I don't write that fast anymore. Thank you. You're welcome.

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- All right. And then we will adopt our agenda.

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- unless there are questions. We'll adopt the agenda starting with what we have as number four, establish

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- the hearing procedures. We'll go from there and Molly is going to take the lead on this for us. So for

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- the election board's review I drafted a resolution establishing hearing procedures and

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- The resolution currently states that it's specific to the hearings held on today's date, but if the

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- board so wished to amend it, they could amend it to make the procedures for any future candidate complaint

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- hearings. I drafted this because it was advised by Indiana Election Division that it is recommended

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- to have some procedures in writing prior to the hearing.

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- plan on reading the resolution unless you would like me to, but I was going to summarize it.

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- Is that okay? We've read it, so a summary I think would work. So the procedures are that the election

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- chair would call the hearing to order, then any individual wishing to offer testimony would have to

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- be administered an oath.

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- The election board would then recognize the complainant. The complainant may present evidence and argument

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- to the election board for no more than 10 minutes unless the election board votes to allow additional

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- time to the presenter. If the complainant is not present, they could submit any written correspondence

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- that would be read at that time. And then it acknowledges that the burden of proving the complaint falls

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- on the complainant.

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- Thereafter, the board will recognize the candidate who's in question. The candidate may present evidence

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- to the board for no more than 10 minutes. However, if any extension of time afforded to the complainant,

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- if the complaint was given more time, it is recommended that the candidate in question also be given

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- the same amount of time. Evidence or argument presented by the party should be directed at the election

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- board and not other parties.

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- This in essence wouldn't allow the candidate or the petitioner to cross examine each other. The election

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- board may ask individuals who offer testimony questions. However, if any questions is posed

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- to the complainant or the candidate, it would not count against their time frame. If the complainant

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- or the candidate offers documents or evidence, a copy must be provided to the election board for the

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- record for the hearing.

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- And then upon conclusion of the evidence, the board will close the hearing and therefore thereafter

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- discuss how to resolve the complaint. That is the procedures as written. Here, do we need a motion to

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- accept this? Do we need. Please. I move that we pass the resolution adopting procedures for a hearing

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- to be held on June 4th, 2026.

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- Any discussion? You need to call a roll or can we do voice vote? This might be one where a roll is not

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- required, but I might recommend it. Ashley, please. Nicole Brown. Danny Shields. Yes. Penny Givens. Yes.

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- So now that we've adopted procedures I think what's next on the agenda is moving forward with the complaint

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- filed by Ms. Wheeler against Mr. Davis. So I can give a brief summary of that complaint. The election board was

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- We could either do it either way. We could officially call the hearing to order and then I could administer

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- the oath and then give a summary. That the way that flows is kind of up to you. OK, then I will officially

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- call the hearing to order. Do you want me to go ahead and proceed with a summary? OK, yes, yes, please.

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- The email was received from Ms. Karen Wheeler on April 28, 2026 that outlines one, two, three, four,

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- five. It looks like four potential election violations, and in summary that includes violations pertaining

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- to campaign signs without the required disclosure, electioneering inside the shoot, following a voter

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- after voting, and potentially misleading representation of legal credentials.

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- of the complaint was provided to the board as well as Mr Davis, who received certified notice of today's

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- hearing, along with a copy of that formal complaint. Unless there's questions on that summary, I think

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- we could proceed to the complainant providing or addressing her complaint.

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- I think we're ready to proceed. Is the complaintant here would like to address the board? Good afternoon.

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- I am Ms. Wheeler. Before you jump into it, I'm going to administer notes. So can you please state your

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- name? Karen Wheeler.

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- And Ms. Wheeler, do you swear or affirm that the testimony that you're about to provide to the board

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- is the truth? I do. And then for the record, Ms. Wheeler has affirmatively taken an oath. And now I

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- proceed. OK, so I had the opportunity to see Joe Davis pretty much every day during the election, early

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- voting, because I work in that building and I would come outside and I would see him.

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- And pretty much every day, I really can't think of a day that it didn't happen, but I did not have the

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- disclaimer on his signs in the beginning in that he would very often go into the chute. He would follow

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- people to the door. He would also follow people afterwards and having walking them to the car or toward

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- their car.

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- He would, I saw him different times blocking people so they could not even get out of their car easily.

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- And for me, as a woman, that would be intimidating. No matter where you're at, you just don't want anybody,

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- but especially a man standing there that I can't even open my door without him moving. And I think the

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- voting can be intimidating enough. You don't need to have somebody that's

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- stopping the person to even get out of their car. I don't think this is illegal, but it was an irritant

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- that he would sweep the sidewalk and the parking lot pretty much every day, that there would be a dust

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- bowl. It would be an irritant if I was a voter coming through there. I mean, when I walked through,

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- it would make me cough. I mean, you don't want to walk into all this dust.

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- He claimed that he was a practicing jurist at law, and I'm not really for sure what that is, but it

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- didn't seem like it was accurate or it seemed confusing at best. He would also just do things that were

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- kind of bizarre from brushing his teeth on the sidewalk, and so I thought it was a

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- I think Monroe County is a great county and we really want to have the most accurate voting day that

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- we have from our early voting to election day itself and this just did not reflect I think what Monroe

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- County stands for. I think that would be probably all, probably one thing too that was just a little

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- bit different than this that

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- I mean, even in all of that, I was probably surprised that there wasn't any action toward him, and maybe

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- the procedure is that somebody has to come in and complain. But I was kind of surprised that Election

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- Central didn't do this, because if I saw it, they saw it. It took a long time. It was weeks into it,

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- and I thought it should have been handled much sooner. And that's probably it.

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- Just to answer that, respond to the last comment, short of calling the authority, the sheriff's department

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- I guess would be, is there anything that anyone in your office or election central could have done about

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- this? We did. Okay. I'm sorry, the lights on here keep going off.

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- So there were multiple in-person conversations before a formal written notice was given to him. It was,

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- I believe, the first Saturday of early voting was when the written formal statement saying that he was

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- not doing things that he was allowed to be doing. And that was after the first two conversations that

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- we had had with him.

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- Is it fair to say you had also called Indiana Election Division for guidance? Yes, and that's when they

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- said to just go ahead and do a written statement and then after that to then move forward with

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- law enforcement and you had also notified the party chair, correct? So there was nothing that you could

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- have done differently. Yes, ma'am. And if I may, since Miss Ferris has now provided

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- testimony to the board. I'm going to administer an oath. Can you please state your name? And Miss Ferris,

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- is the statements you just made to the board truthful? Yes. Miss Ferris has affirmatively taken an oath.

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- Thank you. I didn't mean to lead to that, ma'am. I was just asking. And I remember the form that we

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- got where he was. You probably shouldn't be doing this. And

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- there was one occasion where I left Election Central headed back to the Justice Building that I county

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- attorneys who was on his way to deliver the paperwork to Davis regarding this what you could be charged

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- with this is penalty that it carries and we stopped and spoke on on that date

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- I'd like to point out to the public, too, that we received copies of short videos of Mr. Davis, and

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- at one point he was in the ... Am I allowed to describe the video that was sent to us? Okay. And he

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- kept saying, I'm not electioneering. Well, I would point out that there were pictures of Mr. Davis on

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- his yard sign, and so it was very clear who he was to anybody who was coming to vote, that he was in

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- fact the candidate.

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- whether he wore a t-shirt or a sign that his picture was up there for everyone to see. My question was

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- that he was given notice that he wasn't supposed to be doing. And then the complaint is that it continued

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- after those

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- Yeah, so he had came into our office almost daily, stopping and talking to us. There were times that

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- he would go in through the entrance of early voting across upstairs to then go to one of the restrooms.

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- And we had spoke to him about him not being able to do that and to come around to the main entrance.

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- And after I would say probably three conversations was when I reached out to IED. And then that was

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- that Saturday, the first Saturday of early voting that we did the formal written statement.

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- So it seems like it took about two weeks before there was anything that was obviously done from election

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- to central when it was daily that it was happening. Where the signs changed, the thing about not having

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- a disclaimer on the sign, the first one I saw had the disclaimer on, and very big, it may not admit,

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- But are you saying that they were changed during early voting from originally? Did I misunderstand you

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- saying that? Personally, I don't know if I ever saw a disclaimer on there. I don't know if all of them

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- were changed. There was some that I was told were changed, but we're talking at least two weeks, probably

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- longer. And I also know that he had been told by multiple people, probably

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- Every candidate that was out there would say, don't go in the chute. Please don't sweep. Don't do this.

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- Don't follow the people. Please don't whatever it was. And he continued to do them. It's my understanding

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- also that the disclaimer has to actually use the word eight or by or paid by. And that was not on and

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- has to be in a certain size font, which I don't remember right now what that is. Twelve. I don't know.

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- I was I was reading the law this morning.

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- things like that, but it has to use those words. And from what I observed, his, later at least in the

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- campaign, did not use those words on them. I have a picture of one that has his name and his picture

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- without the disclaimer on there if you want to see it, if you haven't. All right, can we do that? Can

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- we look at it? If Ms. Willard is presenting it, yes, we'll just need a copy of it. Is it the picture

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- that you've already provided a copy of?

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- I'm pretty sure it is. Okay. I did not get up close to look at them. You know, I kind of stayed away

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- from what was going on out front as much as I could. Just I didn't want to get in the middle of it.

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- I would like to see a copy if that's I can just hand this to you.

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- make it bigger. This is not the way, but it'll work.

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- That's probably not the techiest way you've ever seen something looked at, but it got the job done,

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- okay? Mr. Chair, there was one instance, and I can't tell you like in terms of the first day of early

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- voting or within a week, but I was told that there was someone who had a medical emergency and that

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- Mr. Davis went inside of the chute to assist

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- the person who had a medical emergency. Obviously, it's clear that there was more than one incident.

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- When I heard that, anybody I would think following the Good Samaritan Law would step inside to,

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- you know, in terms of priority. So if we're going, if we're establishing how many times did he violate

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- the shoot policy, I could see extending great

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- if it was medical, everything else, obviously, that he was in deliberate. She testified that she saw

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- it happen more than once. Yes, and I'm agreeing that it happened more than once. But in terms of the

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- inference that there

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- Unwillingness to address the issue the first issue brought to my attention was there was a medical issue

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- and so I did not raise that if Someone had called him out for that. I again I was prepared to Send a

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- grace because any good Samaritan not be worried about that if someone were in distress

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- Procedurally, I think the question is, Ms. Wheeler, are you done with your presentation? Yes, I am.

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- And so at this point, based on the procedures adopted, unless the board has further questions for Ms.

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- Wheeler, we would offer Mr. Davis the opportunity to make a presentation. I would be fine with that.

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- I do not see Mr. Davis present. Mr. Davis received notice of the hearing via certified letter that was

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- mailed on May 15th.

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- He subsequently came into our office last week to pick up copies of the video and photos that were submitted

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- with the complaint. So I do believe he had knowledge of today's hearing and he's not here. I have not

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- received any written correspondence from him. That's Election Central. We have not received anything

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- in writing. He did stop by today. So at this point,

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- doesn't appear that Mr. Davis is here to present evidence, and so procedurally you can move with closing

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- the hearing and deliberate. No, no, I was going to say, I can't see everybody that is online, but I

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- also do not see a hand raised. I do not see Mr. Davis online.

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- that Mr. Davis is coming in the building right now. I don't see any reason to recess for two minutes.

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- If he comes directly upstairs we'll just. It may be beneficial to recess. That way I can explain to

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- Mr. Davis the procedures that we adopted because I don't know that he was here for that and so. Then

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- I will recess the meeting until we're ready to move on.

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- So can we say for five minutes? I would say sure. OK, thank you. 158. All right, I have 158. I will

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- call the meeting back to order. And we're waiting. Mr. Davis is in the building, we believe. I did have

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- a brief conversation with Mr. Davis and advised him of the procedures. And he advised me he was bringing

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- up more stuff. Quote.

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- I told Mr. Davis we were in recess and that he might have to address the board. He is not present. And

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- for clarity to address the board to get more time to get the stuff. If you folks back there see him,

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- we'd like to have if he wants to talk to us, he should like be here. Mr. Chair, may I? Yes, please go ahead.

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- While we were in recess, I did want to clarify a couple of things with the election supervisor. And

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- so what I understand, and Kylie, please correct me if I am wrong, the guidance that the election supervisor

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- received from the Indiana election division was that it is the party chair's responsibility to, for

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- lack of a better term, corral the candidate. The election supervisor did notify

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- The party chair and no action was taken, which is then why she went and got more guidance in the written.

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- So there were procedurally things, whether or not it was clear to anyone watching, the steps were taken

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- as recommended by the Indiana.

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- are times that an officiating career comes in. You know what I mean? No. I was called for 1.30. Everyone

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- in here has

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- things that in their life as well. So. Miss King, you are. We're reconvened, yes, absolutely. So now

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- would be the opportunity for the board to hear Mr Davis's presentation. If Mr Davis intends to present,

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- I will ask you to take your

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- at the podium and I will administer you an oath. You know we've had enough time. You can either make

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- your presentation or not that's your option.

00:26:16.034 --> 00:26:32.601
- Mr. Davis. Well, at the beginning of today's meeting, we adopted procedures that afford you 10 minutes

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- of presentation. All right. I'd like to read those, please. I see those. Is this

00:26:46.786 --> 00:26:56.968
- Can we just? You can. You these were out. These were available. OK, Mr. Davis, I have a copy for you,

00:26:56.968 --> 00:27:07.249
- but it in summary says that the complaint will be afforded 10 minutes. The candidate would be afforded

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- 10 minutes that the election board could ask questions. That.

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- time spent answering questions does not count to your 10 minute time frame. If you offer evidence you

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- have to provide a copy to the board and at the conclusion of the evidence the board closes the hearing

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- and therefore will after discuss the complaints. So at this time I think the board is indicating that

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- they are moving forward to the candidate's opportunity to present and so if you would like to make a

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- presentation can you please

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- take the podium so I can administer an oath and then your 10 minutes will start. Here are the adopted

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- procedures, sir. Can you please take the podium so I can administer an oath?

00:28:16.674 --> 00:28:27.965
- I think the board has not in recess, so they're asking you to proceed with the hearing so that it can

00:28:27.965 --> 00:28:40.030
- administer the oath. Mr. Davis, this is not helping your case. Okay. You had, it is time for us to continue.

00:28:42.786 --> 00:28:52.614
- It is highly appropriate. You have the same rules. Everyone else does. Without allowing me an opportunity

00:28:52.614 --> 00:29:01.978
- to read it. It was read into the minutes. We got it at 1.30. We didn't see you around there at 1.30.

00:29:01.978 --> 00:29:10.878
- You don't have to print it. She has copies of it. OK, but you adopted this while I was in here.

00:29:13.154 --> 00:29:21.182
- This was given to me. I can have an opportunity to read this. Would you administer the oath, please,

00:29:21.182 --> 00:29:29.369
- ma'am? Mr. Davis, if you need to be at the podium to administer the oath. You need to be at the podium

00:29:29.369 --> 00:29:33.502
- so she can administer the oath and we can continue.

00:29:42.914 --> 00:29:53.008
- as far as I'm concerned, this is cutting it. Are you doing the timing? I will start timing. Start the

00:29:53.008 --> 00:30:03.004
- 10 minutes. So that's going to cut in my time. Your 10 minutes has begun. I swear to tell the truth.

00:30:03.004 --> 00:30:12.702
- No, Mr. Davis, you have to be at a microphone to the law enforcement. Would you please remove the

00:30:12.962 --> 00:30:20.489
- that could be construed as weapons from the room. No, these are not weapons. These are my tools. Those

00:30:20.489 --> 00:30:28.162
- can't be used as weapons. I want them moved. No, these are my tools. They're my exhibits. You're looking

00:30:28.162 --> 00:30:35.470
- at my tools. These are my exhibits. They are not weapons. This officer has already talked to me and

00:30:35.470 --> 00:30:42.558
- said, please turn anyone's digits off today with your printers. Did she say that? She just said,

00:30:42.754 --> 00:30:50.728
- Do not approach anyone within. I'm not going to. They are there. They're going to stay exactly where

00:30:50.728 --> 00:30:58.938
- they're at. OK, OK, Mr. Davis, do you do you swear or affirm that the testimony you're going to provide

00:30:58.938 --> 00:31:06.911
- to the board today is truthful? Mr. Davis, do you swear or affirm that the testimony you're going to

00:31:06.911 --> 00:31:11.806
- provide today to the board is truthful? Sorry, what was that?

00:31:11.970 --> 00:31:20.671
- Do you swear or affirm that the testimony that you're going to provide to the board today is truthful?

00:31:20.671 --> 00:31:29.287
- Yes, I do. This is for the record. Mr. Davis has now affirmatively taken an oath. It may proceed with

00:31:29.287 --> 00:31:37.566
- his presentation. OK, hello. My name is Joseph Bradley Davis. I ran for a clerk as Joe Davis and.

00:31:41.218 --> 00:31:49.356
- I attended, I was at every early voting session from the beginning all the way to the end. I camped

00:31:49.356 --> 00:31:58.307
- out basically at the area where early voting takes place, and it was a shambles. There was debris everywhere.

00:31:58.307 --> 00:32:06.608
- All over where the handicap parking was was a mess, so I took my time to clean up the property, clean

00:32:06.608 --> 00:32:10.270
- up the hardscape around, to prune the trees,

00:32:10.370 --> 00:32:19.181
- to make it hospitable so that voters could come and enjoy their day of voting instead of walking through

00:32:19.181 --> 00:32:27.991
- a litter covered environment with gravel that was hard to walk and branches and debris everywhere. Okay,

00:32:27.991 --> 00:32:36.466
- so I cleaned this up. I brought some of the rock and gravel that I cleared off of the parking lot in

00:32:36.466 --> 00:32:40.158
- the area where the handicapped parking was.

00:32:40.322 --> 00:32:52.469
- I took care of that place. Unlike my other candidates who were around, they just, they just candidized

00:32:52.469 --> 00:33:04.970
- in their chair for the most time. So at any rate, it's been alleged that I have violated several, several

00:33:04.970 --> 00:33:08.862
- items according to Karen Wheeler

00:33:10.050 --> 00:33:17.585
- and as written up in the and could I see some sort of a timer so I know where my ten minutes are? I'm

00:33:17.585 --> 00:33:25.046
- not going to turn and look at this. I'm sorry. I need to see something where I'm looking this way. I

00:33:25.046 --> 00:33:32.508
- can give you an audible alarm if you'd like, Mr. Davis. At what time would you like me to like a one

00:33:32.508 --> 00:33:39.230
- minute warning and a 30 minute second warning? At five minutes, three minutes, one minute,

00:33:39.458 --> 00:33:49.295
- 30 seconds and zero. Okay, and can we please back up the clock a little bit for this housekeeping? No,

00:33:49.295 --> 00:33:59.037
- we're moving on. Okay, first off, I wanna say that Penny Givens should recuse herself from sitting on

00:33:59.037 --> 00:34:05.150
- the board and someone else should fulfill her role because she,

00:34:05.314 --> 00:34:14.158
- is a biased individual who is not going to give me a fair hearing, especially she has had a hand in

00:34:14.158 --> 00:34:23.620
- two of these alleged allegations coming from Karen Wheeler. One of those is the sign. She was scrutinizing

00:34:23.620 --> 00:34:32.818
- my sign incredibly. She and the other whispering cabal, which is what I call them, Karen Wheeler, Penny

00:34:32.818 --> 00:34:35.294
- Givens, Tree, Martin Lucas,

00:34:35.426 --> 00:34:43.205
- There was another woman with frizzy gray hair. She was in one of those videos. Another guy, they were

00:34:43.205 --> 00:34:51.213
- always whispering about me while I was cleaning up around the place and obviously was trying to conspire

00:34:51.213 --> 00:34:59.068
- and come up with what they could do to bring me down because they are scared, especially after got 21%

00:34:59.068 --> 00:35:04.254
- of the vote, which is very good for a first time primary candidate.

00:35:04.354 --> 00:35:15.272
- You have five minutes remaining. Okay. So anyway, she scrutinized my sign, this sign right here. Okay.

00:35:15.272 --> 00:35:26.826
- And said that it is not compliant with the disclaimer. I'm sorry, but this is compliant with the disclaimer.

00:35:26.826 --> 00:35:28.734
- According to this

00:35:34.114 --> 00:35:50.250
- And it is actually, this is more like. It's way bigger than, I don't know, it's like a 60. Now just

00:35:50.250 --> 00:36:03.966
- an example. But this is the example. They have the same size one right here. By Joe.

00:36:09.698 --> 00:36:21.034
- since they paid me. It says paid by Joe. Okay. It says paid by Joe. This is the new one. I see that.

00:36:21.034 --> 00:36:32.594
- This is the old one. This was approved last election. I ran as a rival. Okay. And I put these stickers

00:36:32.594 --> 00:36:38.430
- on their last election. The picture that I received

00:36:39.394 --> 00:36:50.056
- It doesn't even say who took the picture as long as well as the videos. It didn't say anything about

00:36:50.056 --> 00:37:00.612
- the videos. That's one thing. Okay, so back to these issues. All right. Penny should recuse herself

00:37:00.612 --> 00:37:08.318
- or there should be an alternate. You have three minutes remaining. Okay.

00:37:08.482 --> 00:37:18.938
- Penny should recuse herself. There needs to be a different alternate because she also too accosted me

00:37:18.938 --> 00:37:29.496
- on the early voting day when I was telling voters that I am a practicing jurist at law, at law. I have

00:37:29.496 --> 00:37:35.646
- filed into eight causes or filed into eight different cases

00:37:35.778 --> 00:37:43.064
- Seven of those are my own cases, three of them gone to appellate court. I am a practicing jurist at

00:37:43.064 --> 00:37:50.495
- law. You are looking at just a smattering of my files right here, my law books. Many more, twice this

00:37:50.495 --> 00:37:58.291
- amount of law books are at home. Three times actually, I just brought some of them that are most relevant,

00:37:58.291 --> 00:38:04.702
- because I'm working on filing for the appellate court right now that's due today. Okay.

00:38:05.090 --> 00:38:12.630
- I am a practicing jurist at law. I never misrepresented myself. And Penny Givens stood there and told

00:38:12.630 --> 00:38:20.244
- me every time I said that, she was gonna stand right next to me and she was going to tell those people

00:38:20.244 --> 00:38:28.005
- that I was misrepresenting myself. When I told her what it said in Black's Law Dictionary, what a jurist

00:38:28.005 --> 00:38:32.958
- is, a jurist is a person who knows where to find the law and knows

00:38:33.186 --> 00:38:43.470
- how to find the case law that gives its finer detail, and that is what I am. I am a trained jurist at

00:38:43.470 --> 00:38:53.754
- law, and I have been practicing. I have now over 6,000 hours as a pro se litigant, as a self counsel.

00:38:53.754 --> 00:39:02.526
- I am here as my own counsel before you today. So it continues. Okay, so Karen Wheeler,

00:39:04.290 --> 00:39:18.323
- wrote that you have one minute remaining. Okay, Karen Wheeler wrote that I had been that I had been

00:39:18.323 --> 00:39:24.638
- talking with voters after leaving the voting

00:39:24.802 --> 00:39:33.128
- That's true, I have many friends who I talked to and walked with after they left. There were also people

00:39:33.128 --> 00:39:41.375
- who I missed who didn't go in and I wanted to make sure they knew who I was because I want them to vote

00:39:41.375 --> 00:39:50.019
- for me in the fall and so I broke no violations. One of the video in there, another video in there according

00:39:50.019 --> 00:39:54.142
- to shows that I am sweeping in the shoot area, yes,

00:39:54.274 --> 00:40:02.662
- That was after a bunch of debris and grass after a rain had fallen. I also did some pruning, but that

00:40:02.662 --> 00:40:10.885
- was before 8 a.m., before the polls opened. So there was no evidence in there of me running through

00:40:10.885 --> 00:40:19.108
- the chute or doing anything like that. How much time? That's the expiration of your time. Okay, one

00:40:19.108 --> 00:40:21.822
- more thing I want to say is that

00:40:23.234 --> 00:40:32.985
- I have witnesses that I wish to bring forward and they're going to need some time here. I would like

00:40:32.985 --> 00:40:42.639
- to confront Karen Wheeler. I would like to confront Tree Martin Lucas because she took at least one

00:40:42.639 --> 00:40:50.942
- of the videos and Karen Wheeler wrote these statements and so I want to ask her where

00:40:51.298 --> 00:40:59.108
- She got her information, and I want to ask who took the, and talk to whoever took this picture of my

00:40:59.108 --> 00:41:06.841
- sign. I need to be able to be allowed to confront my accusers or speak with them so we can get more

00:41:06.841 --> 00:41:15.270
- clear information about what is being alleged here. Mr. Davis, just a second, please. You may not completely

00:41:15.270 --> 00:41:20.606
- understand what we're doing here today, and I don't understand that.

00:41:21.922 --> 00:41:28.967
- What we're doing today is determining whether or not there is cause for us to push this along to a different

00:41:28.967 --> 00:41:35.559
- level of people that work on it. We are not in a position to make a finding of guilt nor innocence of

00:41:35.559 --> 00:41:42.022
- any of this, nor are we in a position to determine whether some fines or something would happen. We

00:41:42.022 --> 00:41:48.550
- are not in that position. We are not in a position to have to cross-examine witnesses here. That was

00:41:48.550 --> 00:41:51.006
- part of what we talked about earlier.

00:41:51.490 --> 00:41:57.829
- If I may Mr. Chair. Mr. Davis in the procedures adopted it says that evidence or argument presented

00:41:57.829 --> 00:42:04.168
- by the party should be directed at the election board and not other parties present at the hearing.

00:42:04.168 --> 00:42:10.698
- The procedures also afford a ten minute time frame for the candidate and complainant to offer evidence

00:42:10.698 --> 00:42:17.163
- and argument so unless the board would like to afford additional time to Mr. Davis as I think that is

00:42:17.163 --> 00:42:18.558
- what he is requesting

00:42:18.786 --> 00:42:26.781
- the presentation of witnesses would have been within that 10 minutes presentation. Go ahead and ask

00:42:26.781 --> 00:42:34.935
- the question when the date and time. I'm assuming Mr. Davis signed for the paperwork that was served.

00:42:34.935 --> 00:42:42.929
- I would have to check with the legal office if we got the green card back on the certified mailing,

00:42:42.929 --> 00:42:47.966
- but I do believe that we did. I mailed the letter on the 15th.

00:42:49.186 --> 00:42:58.837
- I raised that because. May the letter does specifically state that the hearings at June 4th, 2026 beginning

00:42:58.837 --> 00:43:07.951
- at 130 that that was exactly my point. Mr Davis in terms of. No one is trying to impede your right to

00:43:07.951 --> 00:43:16.976
- bring evidence, call witnesses or anything like that, but we all had notice that the meeting started

00:43:16.976 --> 00:43:18.942
- at 130 today. And so.

00:43:19.074 --> 00:43:29.910
- you took time, you were not here when the resolution was read. Had you come when the notice was given,

00:43:29.910 --> 00:43:40.851
- you would have heard the rules, so to speak, for today's hearing. So to kind of hold that over us feels

00:43:40.851 --> 00:43:43.902
- a little disingenuous to me.

00:43:48.066 --> 00:43:59.923
- Yeah, I think that's fair. May I interject though? I tried this morning to get a hold of the agenda

00:43:59.923 --> 00:44:11.780
- from County Legal. They directed me to Kylie Ferris. I went to Kylie and I asked her for the agenda

00:44:11.780 --> 00:44:16.286
- and she directed me back to Molly and

00:44:16.674 --> 00:44:24.710
- And so I, without having the agenda, I had no idea when my presentation would be. If this were, I assume

00:44:24.710 --> 00:44:32.976
- this was a standard election board meeting and there would be business to take care of. I didn't understand

00:44:32.976 --> 00:44:40.706
- that this is, it sounds like it's a special election board meeting. Then it's not a regular election

00:44:40.706 --> 00:44:41.854
- board meeting.

00:44:43.042 --> 00:44:51.463
- This is our regular meeting. This is our regular meeting. Okay. And we have and we voted at our meeting

00:44:51.463 --> 00:44:59.560
- when we certified the election results was at the time to just do the hearings today at the regular

00:44:59.560 --> 00:45:07.900
- meeting. So that was that has been May 15. Thank you that so May 15 that was made efficient. Okay, but

00:45:07.900 --> 00:45:12.030
- that but that no agenda was produced at that time.

00:45:12.514 --> 00:45:21.581
- I, as a presenter, had no idea about how the proceedings would be. I'm trying to understand. I wish

00:45:21.581 --> 00:45:30.830
- this morning to understand more fully how long this hearing would be because I knew that I would need

00:45:30.830 --> 00:45:40.259
- a substantial amount of time, not just 10 minutes, because this is very complicated. I am being accused

00:45:40.259 --> 00:45:41.438
- of potential

00:45:41.602 --> 00:45:56.441
- potential crimes, misdemeanors, felonies, fines, this is serious. And it seems like this is just a bunch

00:45:56.441 --> 00:46:06.334
- of trumped up stuff to kind of stop my current campaigning, honestly.

00:46:06.658 --> 00:46:16.215
- But I, again, I need, I ask kindly for some more time so that I can speak with Karen Wheeler and Penny

00:46:16.215 --> 00:46:25.957
- Martin Lucas. And actually Penny Givens, I would like to speak with Penny Givens as well. You're running

00:46:25.957 --> 00:46:30.782
- all around with, I made it very plain a moment ago.

00:46:31.042 --> 00:46:38.796
- Our job today is to determine whether or not we believe there's a substantial reason for us to push

00:46:38.796 --> 00:46:46.861
- this along to either the state police or the attorney excuse me the prosecutor and to some extent maybe

00:46:46.861 --> 00:46:54.693
- the attorney the state attorney general to determine whether or not election law violation occurred.

00:46:54.693 --> 00:46:57.950
- It's sweeping the sidewalk maybe a little

00:46:59.586 --> 00:47:08.472
- obtuse to what normally happens, sure, but it's not illegal. However, if indeed there were signs that

00:47:08.472 --> 00:47:17.270
- don't meet the requirement for the signs, that, sir, is illegal. And our job is to determine whether

00:47:17.270 --> 00:47:25.982
- or not we want to send this along for an investigation by those who are professional investigators.

00:47:26.210 --> 00:47:32.959
- I taught sixth grade. I'm well, I guess it was an investigator occasion that way, but I'm not a professional

00:47:32.959 --> 00:47:39.275
- investigator. OK, go ahead. If I may, Mr. Chair, for clarity, today's hearings being held pursuant to

00:47:39.275 --> 00:47:45.714
- Indiana Code 365 31, which is the investigation of election law violations. That code section says that

00:47:45.714 --> 00:47:52.030
- if a county election board determines there's substantial reason to believe an election law violation

00:47:52.030 --> 00:47:54.878
- has occurred, it shall make an investigation.

00:47:55.010 --> 00:48:00.422
- That's what you voted to do at the last hearing. In the judgment of the board, after affording due notice

00:48:00.422 --> 00:48:05.580
- and opportunity for a hearing, a person has engaged or is about to engage in an act or practice that

00:48:05.580 --> 00:48:10.839
- constitutes or will constitute a violation of a provision of this title, that title being the election

00:48:10.839 --> 00:48:16.302
- code, or a rule or order issued under this title, the board shall take the action it considers appropriate

00:48:16.302 --> 00:48:21.357
- under the circumstances, including referring the matter to the attorney general or the appropriate

00:48:21.357 --> 00:48:24.574
- prosecuting attorney. I'm reading that statute because I don't

00:48:25.730 --> 00:48:31.214
- It allows you to refer to the prosecutor or the attorney general or to law enforcement. But it says

00:48:31.214 --> 00:48:36.917
- whatever board action the board thinks is appropriate. Options are to say there's nothing here and it's

00:48:36.917 --> 00:48:42.510
- dead. Or we think there might be something here and we want to run it up the flagpole, as it were, to

00:48:42.510 --> 00:48:48.323
- people who make these decisions on a professional basis. Is that where we are? Those would be the options

00:48:48.323 --> 00:48:50.462
- of the board. That makes sense to you.

00:48:52.482 --> 00:49:00.111
- Mr. Chair, if I may go ahead with a couple of things, Mr. Davis, typically it is the election supervisor

00:49:00.111 --> 00:49:07.522
- does present make up the agenda for the board. She will reach out to each board member to say this is

00:49:07.522 --> 00:49:14.933
- what I have. And it follows a standard order calling to order old business, new business, things like

00:49:14.933 --> 00:49:21.182
- that. Typically, that does happen that the agenda this for this meeting was not made.

00:49:21.506 --> 00:49:31.780
- by the election supervisor. We learned two days ago, two days yesterday. We were waiting. I asked Kylie,

00:49:31.780 --> 00:49:41.957
- I said, I don't see an agenda. I had checked my email. I didn't see an agenda. And I said, can you just

00:49:41.957 --> 00:49:50.078
- do the standard one? But after our office closed it for we received the agenda for

00:49:50.370 --> 00:49:58.456
- today's meeting, so you're not receiving notice has nothing to do with my office because the election

00:49:58.456 --> 00:50:06.622
- supervisor did not. My second thing to you, the meeting started at 1.30 today. You were served notice.

00:50:06.622 --> 00:50:14.550
- We went over the rules of the road, so to speak, at 1.30. Had you been here as we were adopting the

00:50:14.550 --> 00:50:18.910
- resolution for that, we probably could have negotiated

00:50:19.202 --> 00:50:25.948
- more time for you. You get 10 minutes for each complaint and there's two complaints today. We could

00:50:25.948 --> 00:50:33.099
- have negotiated if you were like, I can't do it in 10 minutes for each case. I need 15. Do you understand

00:50:33.099 --> 00:50:39.980
- what I'm saying? We could have negotiated. You were not here. We call the meeting to order. We had no

00:50:39.980 --> 00:50:47.198
- idea even if you were coming because you were not in the audience or close by, we ended up being told that

00:50:47.394 --> 00:50:55.930
- it appeared you were coming in the front door. So we wanted to work with you. You were not here at 1.30

00:50:55.930 --> 00:51:04.302
- to work with us. Does that make sense to you? I'm very sorry. I had trouble printing over at the mill

00:51:04.302 --> 00:51:12.510
- and I got here as soon as I could. I had no telephone contact to reach out to anyone to announce my

00:51:12.898 --> 00:51:21.392
- late arrival. I'm very sorry. We still can negotiate this. It's not too late to negotiate for more time.

00:51:21.392 --> 00:51:29.562
- It sounded like you said there were two counts or charges or complaints and so there's 10 minutes. I

00:51:29.562 --> 00:51:38.057
- have 10 minutes for each complaint. That is correct. This is the first one. This is the first one. Which

00:51:38.057 --> 00:51:39.998
- I'm sorry. That was not

00:51:40.322 --> 00:51:48.983
- Explain to me. Earlier in the proceeding we called the hearing to order for the complaint filed by Ms.

00:51:48.983 --> 00:51:57.979
- Wheeler and that is the hearing that we're currently in. Once this hearing closes the board will determine

00:51:57.979 --> 00:52:06.724
- how to resolve that complaint and then open the hearing on the second complaint by Ms. McGarry. I would

00:52:06.724 --> 00:52:08.574
- like to make a motion

00:52:08.706 --> 00:52:26.949
- that we continue this hearing to one week from now so that these rules have some time to be applied

00:52:26.949 --> 00:52:38.078
- and also to such that I could submit a written documentation

00:52:38.498 --> 00:52:46.837
- to support my arguments, especially now that I know that I need to, I have to prepare two cases. One

00:52:46.837 --> 00:52:55.176
- case against the first complaint and now another case against the second complaint. It seems like it

00:52:55.176 --> 00:53:03.680
- would be appropriate for me to be able to have at least one week to be able to work on each individual

00:53:03.680 --> 00:53:07.230
- complaint. There's nothing in the original

00:53:07.330 --> 00:53:17.558
- a letter that says that I'm going to be presenting my argument against two complaints individually.

00:53:17.558 --> 00:53:28.399
- It's looked as if everything was just going to be lobbed together. This must have happened before. Aren't

00:53:28.399 --> 00:53:36.990
- there procedures or policies that could have been shared with me? Mr. Chair, may I?

00:53:37.154 --> 00:53:44.780
- request that we get the proof of service. I can ask my office to bring it up. I do believe that we received

00:53:44.780 --> 00:53:51.911
- proof of service back on May 21st. But if you give me a few seconds, I can run down and get it. That

00:53:51.911 --> 00:53:57.630
- would be great because so we will recess until you can get back up here with it.

00:54:06.018 --> 00:54:15.175
- I have in front of me the signed, I'm sorry, I'm gonna call us back, I'm so sorry, I should do it first.

00:54:15.175 --> 00:54:23.983
- I have in front of me the signed receipt for the certified mail with this copy dated 5-21-26. And as

00:54:23.983 --> 00:54:32.791
- I'm looking through it, it's the exact same, can you see it ma'am? It's the exact same thing that we

00:54:32.791 --> 00:54:34.622
- have in front of us.

00:54:37.090 --> 00:54:45.251
- So it would appear, sir, that you were given this and signed for it, including the code, the Indiana

00:54:45.251 --> 00:54:53.331
- code on May 21st. So, Mr. Chair, my point in that is that if he signed for that on May 21st, do you

00:54:53.331 --> 00:55:01.492
- remember that that you signed? Yes, I do. But I was not I did not receive any evidence at that time.

00:55:01.492 --> 00:55:04.158
- I only received the allegations.

00:55:05.218 --> 00:55:19.453
- The evidence that I received came from, whoops, from Molly just here. Okay, again, I think you're confusing

00:55:19.453 --> 00:55:32.765
- this as a hearing versus a court proceeding. We're having a hearing to decide if we believe there is

00:55:32.765 --> 00:55:35.006
- sufficient cause

00:55:36.098 --> 00:55:44.348
- evidence, and I hate to use the term in this, but sufficient reason for us to push these along to the

00:55:44.348 --> 00:55:52.840
- organizations that make these decisions. So that's where we are. So that's why we don't need, the people

00:55:52.840 --> 00:56:01.009
- that make the complaint get to speak, you get to speak, we make that in a succinct 10 minutes issue,

00:56:01.009 --> 00:56:03.678
- which I think is plenty of time,

00:56:03.874 --> 00:56:09.140
- For this if we were in a court of law and you needed three days that's between you and the lawyers and

00:56:09.140 --> 00:56:10.878
- the judge That's not where we are

00:56:12.226 --> 00:56:17.556
- Mr. Chair, and if I may for clarity, the letter sent to Mr. Davis does advise that there were videos.

00:56:17.556 --> 00:56:22.887
- It says additionally there are videos provided to the election board along with the complaint. Please

00:56:22.887 --> 00:56:28.165
- let County Legal know how you would like to receive a copy of these videos. The videos can either be

00:56:28.165 --> 00:56:33.443
- emailed to you and or provided on a flash drive. On May 27th I had not heard from Mr. Davis so I did

00:56:33.443 --> 00:56:38.825
- provide an email copy of the videos and then Mr. Davis did subsequently stop into the legal department

00:56:38.825 --> 00:56:41.438
- and I provided him a jump drive or a flash drive.

00:56:46.466 --> 00:56:55.252
- So for me, Mr. Davis, there was more than sufficient opportunity for you to reach out to an attorney

00:56:55.252 --> 00:57:04.385
- if you wanted representation to, it's clear in the letter to me that you, that there were two complaints

00:57:04.385 --> 00:57:14.302
- because parties are named in the letter. And so between May 21st, when you signed for it up to one o'clock today,

00:57:14.850 --> 00:57:23.748
- You had that opportunity if you wanted to make clear to the board. Or to the county attorney that you

00:57:23.748 --> 00:57:32.560
- required additional time, you were expecting you anticipated. And none of that happened prior to so.

00:57:32.560 --> 00:57:41.022
- Our time is as valuable as your time. He started this meeting on time, all the meeting to order.

00:57:41.570 --> 00:57:49.894
- resolution was read and accepted, and you would have been here to negotiate more time. I don't think

00:57:49.894 --> 00:57:58.218
- we're unreasonable. I think if you said 10 minutes is not enough, I need 15. I think that that was a

00:57:58.218 --> 00:58:06.789
- discussion, but that discussion would have happened at 130. Does that make sense to you? Given the fact

00:58:06.789 --> 00:58:10.910
- that I wasn't presented, I also just learned that

00:58:11.554 --> 00:58:21.715
- Karen Wheeler also, she already presented her evidence alleging that I was in violation. And so I have

00:58:21.715 --> 00:58:31.877
- not heard that. I have not been able to ask her of any questions. Obviously, it's very important that.

00:58:31.877 --> 00:58:41.150
- We are not cross-examining, number one. Number two, since she was the one with the complaint,

00:58:41.378 --> 00:58:50.191
- Her 10 minutes came to file at first. Had you been in here, you would have been able to listen to her

00:58:50.191 --> 00:58:58.830
- complaint. That's my point. I'm sorry, sir, this Poor, Poor Me stuff is not wearing well with me. I

00:58:58.830 --> 00:59:07.556
- appreciate what's happening here, but I'm like, everybody in here was here at 1.30. You chose not to

00:59:07.556 --> 00:59:09.630
- be for whatever reason.

00:59:11.938 --> 00:59:19.759
- I go back to some people saying, on time is 10 minutes late. And you make your own choice with that.

00:59:19.759 --> 00:59:27.502
- But truthfully to me, you're not helping your case right now. You're just not. I mean, our decision

00:59:27.502 --> 00:59:35.322
- is whether or not we believe there's sufficient reason to believe that a violation of state, I guess

00:59:35.322 --> 00:59:40.510
- we wouldn't get to federal law, state election code was committed.

00:59:42.786 --> 00:59:50.275
- I have different feelings personally on some of these will do this as a board. A required disclaimer,

00:59:50.275 --> 00:59:57.470
- state law. I mean, it's we don't have an option with that. If it's not there, it's not there. OK,

00:59:57.470 --> 01:00:04.446
- I mean, and the fact that some guy printed it said this is the legal thing. If it's not legal,

01:00:04.446 --> 01:00:06.942
- it's not legal. And Mr. So ahead.

01:00:07.554 --> 01:00:15.309
- Mr. Chair, I want to be clear that I understood at the beginning that if we have questions for him,

01:00:15.309 --> 01:00:23.218
- that does not count against his 10 minutes. We could now ask questions and he could respond, and that

01:00:23.218 --> 01:00:30.430
- would not be against 10 minutes. That's correct. Go ahead, if you have a question, ask that.

01:00:30.978 --> 01:00:37.604
- I don't want to belabor some of these, but for the instance where you've clearly brought saying that

01:00:37.604 --> 01:00:44.164
- you were doing landscaping, number one, I'm hopeful that you know that my office is not responsible

01:00:44.164 --> 01:00:51.052
- for the groundskeeping of Election Central. But number two, I checked with my election supervisor during

01:00:51.052 --> 01:00:58.334
- the recess to confirm. We never received a complaint that there was any kind of impediment to voters accessing

01:00:59.074 --> 01:01:05.809
- election central in the early voting site we never received a complaint that you couldn't get into the

01:01:05.809 --> 01:01:12.414
- door as you have alluded to in another public meeting I was there every day more than once some days

01:01:12.414 --> 01:01:19.215
- to and I never had an impediment getting into the building I never received a complaint my office never

01:01:19.215 --> 01:01:26.408
- received a complaint and I want to ask you directly did you make a complaint to someone about the landscaping

01:01:26.408 --> 01:01:28.958
- prior to utilizing the evidence you've

01:01:29.218 --> 01:01:36.483
- presented to us today. I'm sorry. Your question was, did you? I never received a complaint. I am not

01:01:36.483 --> 01:01:43.748
- aware of anyone in my office ever receiving a complaint that there were landscaping issues because I

01:01:43.748 --> 01:01:50.941
- could have made a call to the people that are responsible for the grounds keeping. I never received

01:01:50.941 --> 01:01:58.782
- a complaint. I'm asking, did you make a complaint to anyone? Because as you know, I take very seriously, um,

01:01:58.946 --> 01:02:09.618
- your inference that voters had impediment issues getting into and accessing the early voting site? Did

01:02:09.618 --> 01:02:20.704
- you make a complaint to anyone because I did not get one? Yes, I wouldn't call it a complaint. I addressed

01:02:20.704 --> 01:02:27.646
- the landscaping concerns with Richard Kreider, who is in charge of

01:02:27.778 --> 01:02:38.406
- you know, fleet and the buildings for the county, and also spoke with the young gentleman who takes

01:02:38.406 --> 01:02:49.246
- care of the landscape there. Typically, I just spoke with Richard Kreider yesterday again about this,

01:02:49.246 --> 01:02:52.222
- and at that time, normally,

01:02:52.578 --> 01:03:00.756
- The county Richard has nature's way to ongoing landscape maintenance at all but because of the construction

01:03:00.756 --> 01:03:08.403
- that had taken place and there was the New hardscaping. I don't know if you've seen the parking lot.

01:03:08.403 --> 01:03:15.975
- It looks awesome I mean I cleaned up so much gravel and debris there where it was unsafe in the for

01:03:15.975 --> 01:03:18.398
- the handicapped parking but but

01:03:18.754 --> 01:03:27.210
- I worked with the young gentleman who did the mowing and I helped him sweep back the grass clippings

01:03:27.210 --> 01:03:35.750
- and after the storms brought down branches and they were hanging into the way. Then I asked the young

01:03:35.750 --> 01:03:44.290
- gentleman again if he could prune that and then Richard came by and he snapped off a branch to get it

01:03:44.290 --> 01:03:45.630
- out of the way.

01:03:45.730 --> 01:03:53.963
- And but he snapped it off. He didn't cut it. So I told him that I would come back and Make a clean cut

01:03:53.963 --> 01:04:02.115
- with my loppers so that the branch would heal You know instead of having a splintered end and so then

01:04:02.115 --> 01:04:07.710
- that next morning I did come back at about 740 and I pruned out those

01:04:07.810 --> 01:04:18.503
- a few dead branches and things like that, and then was sweeping up then. So I just wanted to, you know,

01:04:18.503 --> 01:04:28.784
- like that was the, I just bring this up because I didn't feel that it was necessary to contact your

01:04:28.784 --> 01:04:33.822
- office to maintain the area around the building.

01:04:34.018 --> 01:04:45.670
- that's not your responsibility. I contacted Richard Kreider directly. He's the man who sends out the

01:04:45.670 --> 01:04:57.321
- directives then. That's the reason why. And so I bring this up because in one of the videos that was

01:04:57.321 --> 01:04:58.590
- presented,

01:04:58.690 --> 01:05:07.810
- which alleges that I was in the shoot, you know, electioneering, I'm clearly just walking with my broom

01:05:07.810 --> 01:05:16.843
- and sweeping, and I wanted to show why I had these tools with me all the time, trying to make it safe.

01:05:16.843 --> 01:05:25.700
- Molly, does the Indiana code about electioneering inside the shoot say a candidate is not allowed to

01:05:25.700 --> 01:05:27.454
- be inside the shoot

01:05:27.810 --> 01:05:35.569
- Unless they are cleaning the side. And my point being, if it says she can't be in there, doesn't see

01:05:35.569 --> 01:05:43.713
- it says can't be in there in the story. You can't be in there. You can't be in there. The the law. That's

01:05:43.713 --> 01:05:51.626
- why I'm asking the law itself. I'm asking our attorney. There are three separate statutes that I think

01:05:51.626 --> 01:05:53.854
- are applicable to the shoot.

01:05:54.114 --> 01:06:00.145
- The first one is Indiana Code 314.316, which does involve electioneering within 50 feet of the polls.

01:06:00.145 --> 01:06:06.414
- Electioneering, by statute, means a verbal statement displaying a written statement or indicating support

01:06:06.414 --> 01:06:12.386
- or opposition to a candidate, political party, or public question appearing on the ballot or wearing

01:06:12.386 --> 01:06:18.358
- or displaying an article of clothing, sign, button, or placard that states the candidate's name. And

01:06:18.358 --> 01:06:21.374
- then it lists out what constitutes electioneering.

01:06:22.594 --> 01:06:28.343
- and it says a person who knowingly does any electioneering on election day within the polls or the shoot

01:06:28.343 --> 01:06:34.036
- before election day within the office of the circuit court clerk or satellite office of the court fifty

01:06:34.036 --> 01:06:39.511
- feet of the entrance to the office uh... except for a voter who is and then it lists out exceptions

01:06:39.511 --> 01:06:44.986
- and that would be a class eight misdemeanor so no you cannot electioneer in the shoot however there

01:06:44.986 --> 01:06:47.614
- are two other separate statutes that pertain to

01:06:47.778 --> 01:06:54.546
- presence in the shoot. So Indiana code 314 315 is entitled unauthorized person entering into or remaining

01:06:54.546 --> 01:07:00.931
- near the polls. A person not authorized by this title who recklessly enters the polls enters within

01:07:00.931 --> 01:07:07.508
- the railing leading from the challenge window or door to the entrance of the polls without having been

01:07:07.508 --> 01:07:13.957
- passed by the challengers or having been sworn in or remains within the polls or within the shoot in

01:07:13.957 --> 01:07:16.958
- violation of 311 815 311 816 commits a class C

01:07:17.186 --> 01:07:23.576
- infraction and then there's language on how it gets enhanced to a misdemeanor. Indiana code 311816 is

01:07:23.576 --> 01:07:29.841
- entitled persons allowed in and around poll shoots. A person may not remain within a distance equal

01:07:29.841 --> 01:07:36.481
- to the length of the shoot as defined by Indiana code of the entrance of the polls except for the purpose

01:07:36.481 --> 01:07:42.809
- of offering to vote. And so there are statutes that pertain to electioneering in the shoot but there

01:07:42.809 --> 01:07:47.006
- are separate statutes that pertain to presence in the shoot alone.

01:07:48.418 --> 01:07:55.643
- So Mr. Chair, my point being as the board may recall, Mr. Crider was coming to regular election board

01:07:55.643 --> 01:08:02.938
- meetings and offering updates for what was going on with respect to getting election central ready for

01:08:02.938 --> 01:08:10.234
- early voting. He was very thorough, very competent, and I never once recall his saying that there were

01:08:10.234 --> 01:08:17.246
- landscaping issues and grounds keeping issues that would hinder a voter's ability to access again.

01:08:17.602 --> 01:08:25.400
- I was there every day, sometimes more than once per day, and I did not observe anything like that. It

01:08:25.400 --> 01:08:33.274
- also concerns me that anyone would take it upon themselves, rather than report the concern, would take

01:08:33.274 --> 01:08:41.301
- it upon themselves, because that would bring liability. They could have gotten hurt, and then the county

01:08:41.301 --> 01:08:46.270
- would have been liable for them getting hurt on county property.

01:08:46.562 --> 01:08:54.893
- That's my point about that. And I know that you want to move on and I have. Well, Kylie, did you get

01:08:54.893 --> 01:09:03.306
- our early voting workers? Let's just nicely say I've been around the sun a few times. Did they any of

01:09:03.306 --> 01:09:11.801
- them give you any complaints about it being difficult to get into work? No, zero. No. OK. I would like

01:09:11.801 --> 01:09:15.678
- to add that's because I took care of business.

01:09:16.290 --> 01:09:27.998
- Point noted. Yes, ma'am. At this point, I would like just that we close the hearing on this complaint

01:09:27.998 --> 01:09:40.510
- and hold our board deliberation so that we. I can complain. I would like to make a motion. No, sorry, sorry.

01:09:43.970 --> 01:09:54.124
- I don't like to be in exclusive clubs very often with this is an exclusive club of three right now.

01:09:54.124 --> 01:10:04.684
- I would, I'll second that, that we move, we discuss and then decide where to go. Ashley, would you call

01:10:04.684 --> 01:10:13.214
- the roll since this is what we're doing, please? Thank you. Okay. Ashley, go ahead.

01:10:13.922 --> 01:10:23.659
- Nicole Brown? Yes. Danny Shields? Yes. Penny Gibbs? Yes. So again, to clarify what we're doing, we decide

01:10:23.659 --> 01:10:32.845
- whether or not we believe there is sufficient evidence that a law may have been violated and should

01:10:32.845 --> 01:10:43.134
- we move it to an investigative body to make a decision as to whether or not they think charges should be filed.

01:10:43.362 --> 01:10:51.494
- Is that a succinct enough? I think I can simplify looking at IC 365 31. The board can one take no action

01:10:51.494 --> 01:10:59.548
- on the complaint if you believe that in this case Miss Wheeler did not prove her allegations. You could

01:10:59.548 --> 01:11:07.292
- forward it to the prosecutor who then inevitably will forward it to the state police, I believe. So

01:11:07.292 --> 01:11:12.094
- you could just say forward it to the prosecutor or you could.

01:11:13.634 --> 01:11:21.248
- Admonish issue an admonishment to the candidate and do nothing further. The statute is really broad

01:11:21.248 --> 01:11:28.937
- in the language. It says take the action to the board considers appropriate under the circumstances.

01:11:28.937 --> 01:11:36.627
- Might I suggest we do? I was thinking so, yeah, that was my thought was one at a time. I mean, so do

01:11:36.627 --> 01:11:40.510
- you want me to read the first one? Well, you know,

01:11:40.962 --> 01:11:52.339
- Do you have any thoughts before we go into that, ma'am? I'll say them until we get to each other. Okay.

01:11:52.339 --> 01:12:04.154
- Okay. But we've all got them. So in my belief, in my view, we do have enough to move on with the disclaimer

01:12:04.154 --> 01:12:10.718
- on the signs, just because I don't think it meets the code.

01:12:11.938 --> 01:12:19.487
- I'm sorry. The disclaimer on the signs. I don't believe I question whether it meets the code. And I

01:12:19.487 --> 01:12:27.111
- would like someone who someone else to make that determination. Someone who makes that on their own.

01:12:27.111 --> 01:12:34.810
- Jeremy White Rabbit said that you could you could talk to him. Jeremy White Rabbit does not make this

01:12:34.810 --> 01:12:40.094
- decision. The prosecutor or the state police will make this decision.

01:12:40.994 --> 01:12:49.281
- You may be a wonderful person. I have no idea. It's not your turn to talk, sir. I would especially like

01:12:49.281 --> 01:12:57.409
- for it to be pointed out that both sides of a sign must have that disclaimer if they are presented to

01:12:57.409 --> 01:13:05.776
- the public. And as I look at the sign at the table there right now that says write in Joe Davis, there's

01:13:05.776 --> 01:13:10.238
- no disclaimer on the side that says write in Joe Davis.

01:13:10.754 --> 01:13:24.226
- So I hope that they, excuse me, sir, I'm speaking. I would like to put it on record that we asked that

01:13:24.226 --> 01:13:37.436
- whoever reviews this, review that specific sign for its. So is that, well, okay. When we've had sign

01:13:37.436 --> 01:13:39.006
- complaints,

01:13:39.138 --> 01:13:46.318
- previous incarnations of the election board have had signed complaints. The candidate was given

01:13:46.318 --> 01:13:53.946
- an opportunity to put the disclaimer on there. It appears to me that that's what he is saying that he

01:13:53.946 --> 01:14:01.650
- did. Can you turn your sign around? Her point is that it's not on both sides. I see this. Can you turn

01:14:01.650 --> 01:14:09.054
- it around so we can see if you put it on both sides? Can we see the backside of that sign, please?

01:14:09.346 --> 01:14:15.727
- This sign, I removed the old stickers because of the rain was on there. I just put new stickers, new

01:14:15.727 --> 01:14:22.107
- stickers and new, see how this is updated? This is an example of what we're asking you to see is the

01:14:22.107 --> 01:14:28.235
- backside of this. I didn't want to cover this up so that you can see what it looked like before.

01:14:28.235 --> 01:14:34.616
- That's all. This is a new, this sign wasn't at early. This was not, okay, but. This is an example. I

01:14:34.616 --> 01:14:36.574
- brought this in as an example.

01:14:36.802 --> 01:14:45.006
- So your contention is that both sides of any sign that was at Election Central had this on each side?

01:14:45.006 --> 01:14:53.129
- If it was a sign that was going to be visible from both the front and the back, yes, I did. I did do

01:14:53.129 --> 01:15:01.172
- both sides. I only brought this today as an example of what it looked like. But all my other signs,

01:15:01.172 --> 01:15:06.078
- after all the rain, the paper came off and I slowly replaced

01:15:08.866 --> 01:15:17.327
- started to replace them. Now is that the one under the QR code that says paid for by Joe? Yes. Okay

01:15:17.327 --> 01:15:26.126
- now for me and I'm a woman getting older by the day the paid for by Joe does not appear to be something

01:15:26.126 --> 01:15:34.586
- that would stand out so that you could distinguish it you have to be able to to read that and so me

01:15:34.586 --> 01:15:37.886
- walking by that sign to go in and vote

01:15:38.530 --> 01:15:46.821
- I would not be clear that it was paid for by Joe. This is very visible. But do you see my point under

01:15:46.821 --> 01:15:55.030
- your QR code? Yes, but it is much larger than 12 point. The law says that it needs to be 12 point or

01:15:55.030 --> 01:16:03.321
- it says that it can be seven point if there's high contrast between the background caller and the new

01:16:03.321 --> 01:16:07.710
- caller. And I'm saying I don't see the high contrast.

01:16:07.938 --> 01:16:16.326
- That's why I say I took both. I can show you, if you put this right next to the paid for by Joe, the

01:16:16.326 --> 01:16:24.713
- font size is exactly the same. I'm not disputing the font size. Well, what I'm trying to say is this

01:16:24.713 --> 01:16:34.014
- is much larger font technically than what the state law requires. If you look at other candidate signs, they're

01:16:34.178 --> 01:16:42.368
- paid for by the committee to elect whatever it's very very small very small. The thing is nobody filed

01:16:42.368 --> 01:16:50.319
- a complaint against their side so that's that's a point that is so. But also election law says that

01:16:50.319 --> 01:16:53.182
- the contrast has to occur. If I may

01:16:53.378 --> 01:17:00.326
- Yes, board. The hearing was closed at this point. So this is board deliberation. So I don't know if

01:17:00.326 --> 01:17:07.692
- you're right. Thank you. Opening the reopening the hearing minutes ago. Sorry. You said this five minutes

01:17:07.692 --> 01:17:14.640
- ago. Throw throw something at me if you need to. Well, then my my deliberation for the board in the

01:17:14.640 --> 01:17:20.894
- same way you could not put Navy blue black, a black background, because who would be able

01:17:21.026 --> 01:17:30.881
- to differentiate or distinguish that, then I am concurring that there is at least some evidence that

01:17:30.881 --> 01:17:40.735
- the required, the statute for the required disclaimer have not been met. I concur. I suggest that we

01:17:40.735 --> 01:17:50.590
- forward that for. Okay, are we doing just number one right now? Yes. So do we have a motion that we,

01:17:51.298 --> 01:17:58.760
- I think you can simplify it and do one motion and just identify that you would like to forward the complaint

01:17:58.760 --> 01:18:05.879
- to the prosecutor and numbers one, three. OK, fine. That works. I think it's technically one complaint.

01:18:05.879 --> 01:18:12.999
- She's just subcategories in a sub. OK, so numbers one, two, three. OK, so going forward and it's either

01:18:12.999 --> 01:18:19.982
- yes or no. OK, they decide. You mean on all four of them? I'm perfectly fine doing it with just doing

01:18:19.982 --> 01:18:21.214
- all four at once.

01:18:21.442 --> 01:18:29.653
- And so a motion would be. If should it go to the prosecutor or does this go to the state police if we're

01:18:29.653 --> 01:18:37.864
- going to move it forward? I think you could make a motion to for the complaint for further investigation

01:18:37.864 --> 01:18:45.763
- to the prosecutor and then if the prosecutor's office wishes to send it to the state police, which I

01:18:45.763 --> 01:18:50.142
- believe they will, that would be their decision. Moved.

01:18:53.858 --> 01:19:00.434
- Any other discussion? I don't know if you caught that, Ashley, but the clerk seconded it. Her mic didn't

01:19:00.434 --> 01:19:06.947
- light up. That's the only reason I said that. So yeah, Ashley, would you call the roll? OK, let me make

01:19:06.947 --> 01:19:13.397
- sure what we're voting on. We are voting to send the complaint to the prosecutor's office to determine

01:19:13.397 --> 01:19:20.286
- whether or not the prosecutor wants to send it on to the appropriate authority, most likely the state police.

01:19:21.602 --> 01:19:34.725
- Yes, that would be. That's what a motion is. OK, now, Ashley, please. Nicole Brown. Yes. Danny Shields.

01:19:34.725 --> 01:19:48.606
- Yes. Penny Giddens. Yes. So now we will open. Second one with. Some of Gary. Oh, yeah, so we're going to let.

01:19:49.378 --> 01:19:56.778
- So the hearing regarding the complaint for Ms. McGarry is now open by the chair. We received an email

01:19:56.778 --> 01:20:04.034
- to summarize this complaint an email correspondence was received I'm trying to look up the date but

01:20:04.034 --> 01:20:06.718
- an email correspondence was provided

01:20:06.818 --> 01:20:14.632
- a written note by Ms. McGarry and the note indicates that Ms. McGarry came to vote on April 30th about

01:20:14.632 --> 01:20:22.445
- 1.15 p.m. and she had walked from the handicapped space in the lot and was approached as I reached the

01:20:22.445 --> 01:20:30.031
- corner of the building. I was approached by candidate for clerk Joe Davis who talked quickly and at

01:20:30.031 --> 01:20:32.990
- length and I tried to continue walking

01:20:33.890 --> 01:20:40.296
- I'm sorry, Ms. McGarry, I'm having difficulty reading your handwriting and that's a total me issue.

01:20:40.296 --> 01:20:46.766
- Would you like me to do that? I made a living reading this kind of handwriting. I mean, I don't even

01:20:46.766 --> 01:20:53.300
- know if you want to read the complaint. In essence, we received the complaint. The board has received

01:20:53.300 --> 01:20:59.706
- the copy of the complaint. Mr. Davis has received a copy of the complaint and the complaint details

01:20:59.706 --> 01:21:03.422
- Ms. McGarry's interaction with Mr. Davis. Unless you have

01:21:03.554 --> 01:21:11.328
- questions on that summary, procedurally we can move to having the complainant offer testimony. I think

01:21:11.328 --> 01:21:19.102
- that's a great idea. Before I administer an oath, Ms. McGarry, is it easier for you to offer testimony

01:21:19.102 --> 01:21:26.725
- from there without standing at the podium? Well, we're going to need you to pick it up on mic, but I

01:21:26.725 --> 01:21:31.102
- can make this easier. Look, it's moving. OK, Ms. McGarry,

01:21:31.522 --> 01:21:41.036
- Do you swear or affirm that the testimony you're about to provide to the board will be truthful? Yes,

01:21:41.036 --> 01:21:50.363
- I do. So I'm not. I mean. Do you want me to repeat what I wrote? I don't know necessarily repeating

01:21:50.363 --> 01:21:59.038
- it is needed. I just. Since you've told us in your own words, what happened? Would you just?

01:21:59.202 --> 01:22:09.303
- I hate to elaborate a little bit for us. I would be glad to. He did not. He approached me after I got

01:22:09.303 --> 01:22:19.503
- out of my car. I parked in the handicapped. This is prior to voting prior to voting. Thank you and and

01:22:19.503 --> 01:22:27.326
- he. I felt like he'd latched himself onto me was telling me his background and

01:22:27.522 --> 01:22:39.013
- telling me a lot of terrible things about the clerk's office and why it needed new blood and so forth.

01:22:39.013 --> 01:22:50.727
- And I kept saying, I don't want to talk to you. But he followed me around the corner toward the entrance

01:22:50.727 --> 01:22:57.086
- to the building. And I finally somehow got disconnected.

01:22:57.218 --> 01:23:06.499
- And he immediately went over to a tall man standing there and started to talk to him. And that man turned

01:23:06.499 --> 01:23:15.255
- his back to him. And he went to a shorter man in a little polo shirt and started talking to him. So

01:23:15.255 --> 01:23:24.098
- he was talking to him when I walked into the building. As soon as I walked into the building, I made

01:23:24.098 --> 01:23:26.462
- a complaint because I felt

01:23:26.754 --> 01:23:50.101
- I felt it was inappropriate to be on my way. I think she called it the shoot. And being approached so

01:23:50.101 --> 01:23:56.510
- insistently by a candidate.

01:23:56.610 --> 01:24:06.805
- After I voted, and I was told a lot of people were complaining, they weren't sure what they could do

01:24:06.805 --> 01:24:17.707
- about it. But I voted, and before I left, she asked if I would mind writing a statement. And the statement,

01:24:17.707 --> 01:24:26.590
- as was read, I was voting at the end of early voting, so a lot of your conversation was

01:24:26.818 --> 01:24:38.547
- what was going on at the beginning. But when I drove, when I left the building after writing my statement,

01:24:38.547 --> 01:24:49.617
- got in my car and drove to the exit to the street, he was still talking to the same short man in the

01:24:49.617 --> 01:24:55.646
- polo shirt. Clearly the man wanted him to talk to him.

01:24:56.866 --> 01:25:06.011
- I still felt it's right outside the steps to the building. And saying the things to this man that he

01:25:06.011 --> 01:25:15.065
- was saying to me, it was definitely electioneering. Are you asserting it was inside the shoot area?

01:25:15.065 --> 01:25:24.209
- Do you do you remember seeing where the shoot was marked off? The shoot was not marked off as far as

01:25:24.209 --> 01:25:26.654
- I could tell. But this was

01:25:27.138 --> 01:25:42.460
- This was within two feet of the steps into the building. Do you feel intimidated by Mr. Davis?

01:25:42.460 --> 01:25:54.718
- Very much. I felt trapped. I'm a regular voter. I used to be a poll worker.

01:25:55.426 --> 01:26:05.343
- This was just something I had never seen or experienced before. May I just clarify two feet from you?

01:26:05.343 --> 01:26:15.261
- You left your car. You walked toward the east entrance of Election Central. Yes. Two feet of the door

01:26:15.261 --> 01:26:17.886
- or two feet from the curb.

01:26:20.130 --> 01:26:30.028
- Do you see what I'm saying? He approached me in the park while I was still beside the parking lot and

01:26:30.028 --> 01:26:39.829
- walked with me till the point where I turned the corner of the building to go up the steps. Turn the

01:26:39.829 --> 01:26:46.622
- corner of the building. So like I said, the chute was not marked, but

01:26:48.770 --> 01:26:55.248
- So I don't know where the shoot was or wasn't. Well, unless it was raining, had rained up the marks,

01:26:55.248 --> 01:27:02.175
- then the shoot was marked. Correct. Every day. So it may have been, that would indicate to me that probably

01:27:02.175 --> 01:27:08.589
- it was for what we would consider the shoot area. Where did the shoot start? 50 feet from the door.

01:27:08.589 --> 01:27:15.259
- Basically, when you came out of... Oh, he was talking to me well within 50 feet of the door. So because

01:27:15.259 --> 01:27:16.414
- the candidates...

01:27:17.090 --> 01:27:23.522
- are outside of the 50 feet. Yes. So you're saying that when he was speaking with you, you had passed

01:27:23.522 --> 01:27:30.019
- all of the other candidates running for office. I didn't see any other candidates running for office.

01:27:30.019 --> 01:27:36.578
- The day that you had the day that you came, there were no other candidates. And I didn't see any other

01:27:36.578 --> 01:27:43.074
- signs. But I came from the parking lot. Signs may have been along the street. I don't know. They both

01:27:43.074 --> 01:27:43.966
- wait. But the

01:27:47.010 --> 01:27:55.000
- So the signs would. So you're saying I didn't see any signs. I didn't see any people. Except him,

01:27:55.000 --> 01:28:03.317
- except him. And so for me, I'm trying to figure out how close she was to the door at the time. And it

01:28:03.317 --> 01:28:11.470
- sounds to me like you're saying you were closer to the door than not. If he's saying 50 feet is the

01:28:11.470 --> 01:28:15.710
- shoot, I was well within 50 feet. The shoot started

01:28:16.322 --> 01:28:23.764
- Kylie, correct me. Roughly. 10 or 12 feet from the actual door to the building. Because we had that

01:28:23.764 --> 01:28:31.578
- space that that inner space OK, so it would have been 50 feet from the door. I would say it was probably

01:28:31.578 --> 01:28:39.392
- 10 feet from the edge of the curb to where that 50 foot line would have started. But let's also be clear

01:28:39.392 --> 01:28:46.238
- there were some signs that we were authorized to have there. The directional signs correct?

01:28:47.010 --> 01:28:54.743
- Mm hmm. And that had been a whole thing where it was with this. There was to the to the left. I don't

01:28:54.743 --> 01:29:02.324
- know how to describe it. It looked like a flower cart or something. OK, so were you were you closer

01:29:02.324 --> 01:29:10.056
- to the door than the flower cart? Because I remember so closer to the door than the flower cart would

01:29:10.056 --> 01:29:15.742
- be within the 50 feet. We all remember. Remember the flower. A blonde lady

01:29:16.130 --> 01:29:23.899
- by the flower cart. I don't know who she was. We've got a timer. We've done our 10 minutes, correct?

01:29:23.899 --> 01:29:31.668
- Okay, all right. No. We haven't? Okay, you started. Yeah, I started the timer. Sorry. That's timing.

01:29:31.668 --> 01:29:39.899
- That's climbing up. I do have another question for Ms. McGarry, but also thank you for in the past working

01:29:39.899 --> 01:29:45.822
- as a poll worker. It's appreciated by all of us, I'm sure. Did you feel like

01:29:46.050 --> 01:29:56.636
- Mr. Davis impeded you from actually even exiting your vehicle. No, he was. He came toward me after I

01:29:56.636 --> 01:30:07.223
- got out of my car. But that was the handicapped spaces were certainly not within what you're calling

01:30:07.223 --> 01:30:09.214
- the correct. Yeah.

01:30:12.866 --> 01:30:21.769
- I'm more concerned about the potential for voter intimidation than I am for whether or not it was actually

01:30:21.769 --> 01:30:30.173
- inside the shoot. I'm in agreement with you on that. Is there anything else you want to add? No, no.

01:30:30.173 --> 01:30:38.910
- Then start to 10 start Mr Davis is 10 minutes. Sorry, go ahead. It's not started yet. Before we do that,

01:30:38.910 --> 01:30:41.822
- Miss Ferris did provide testimony.

01:30:41.986 --> 01:30:47.430
- during that hearing, so I'm just going to ask her, was the oath that you were previously administered

01:30:47.430 --> 01:30:52.820
- in the first hearing, were you adhering to that oath during this hearing? Yes. All right. Mr. Davis,

01:30:52.820 --> 01:30:58.317
- I'm going to ask you the same question. In the previous hearing, you were administered an oath to tell

01:30:58.317 --> 01:31:03.868
- the truth. Do you swear or affirm you're going to adhere to that oath during this hearing as well? Yes,

01:31:03.868 --> 01:31:07.550
- I do. Continue. I'll continue to swear to tell the truth. Thank you.

01:31:07.714 --> 01:31:16.697
- And then we start before we start the timer. Do you still want the same five three one thirty second

01:31:16.697 --> 01:31:25.147
- warning? Well, I would like to be able to address some questions toward Ms. McGarry, if I may.

01:31:25.147 --> 01:31:34.130
- Because well, one thing you can cross examine here, you have 10 minutes there. We start the clock to

01:31:34.130 --> 01:31:36.798
- state your side of the issue.

01:31:37.538 --> 01:31:46.241
- There's a, well first, I think it's important that we first recognize which handicapped parking spots

01:31:46.241 --> 01:31:55.029
- Ms. McGarry was at because there were handicapped parking spots that were on Morton Street itself, but

01:31:55.029 --> 01:32:03.646
- there were some handicapped parking spots that were in the parking lot. So that might help clear up.

01:32:03.646 --> 01:32:05.694
- We're not being accused

01:32:07.170 --> 01:32:16.816
- being in the chute, electioneering in this complaint. So which parking spaces it happened to be really

01:32:16.816 --> 01:32:26.368
- wouldn't seem to matter. The complaint is that you were annoying, which is not illegal, but were just

01:32:26.368 --> 01:32:36.670
- somewhat intimidating to someone in the parking lot who was attempting to vote. Is that a correct assumption?

01:32:49.730 --> 01:33:02.601
- and we understand that. That's not. Okay, all right. Are you ready? Mr Davis, do you want the 531 minute

01:33:02.601 --> 01:33:15.104
- 32nd warning? When your timer starts, OK, all right, and then TSD is putting the timer up now. And it

01:33:15.104 --> 01:33:18.046
- goes you may begin. OK,

01:33:19.458 --> 01:33:28.265
- The 30th was Thursday. This was the last, this was a Thursday before voting would take place on the

01:33:28.265 --> 01:33:37.424
- following Tuesday, so I'm very sorry, Ms. McGarry, if you felt intimidated by my approaching the voters

01:33:37.424 --> 01:33:44.734
- on that day, but they, voters were coming fast and furious. It was, all I could do

01:33:44.898 --> 01:33:51.912
- to look out and see which groups of people were walking from the parking lot area. And so I would go

01:33:51.912 --> 01:33:58.996
- and approach those people. Hello, are you here to vote? May I please introduce myself? My name is Joe

01:33:58.996 --> 01:34:06.011
- Davis and I'm running for County Clerk for the Circuit Court. As a practicing jurist at law, I filed

01:34:06.011 --> 01:34:13.164
- into or been a witness in half of the courtrooms in the Justice Building. I filed into Owen and Greene

01:34:13.164 --> 01:34:14.206
- County Courts.

01:34:14.338 --> 01:34:21.259
- as I've filed through both online and in person, I've seen where the blind spots are. I've seen where

01:34:21.259 --> 01:34:28.044
- small mistakes compound and then are quite burdensome to remove. So therefore, as clerk, I will put

01:34:28.044 --> 01:34:35.441
- into place measures, checks, systems to guarantee greater accuracy in the filings. And I will also institute

01:34:35.441 --> 01:34:38.494
- an outgoing email and text message to anyone

01:34:38.690 --> 01:34:45.832
- who comes in to make a filing or make a payment and this simple message will say, hey, please double

01:34:45.832 --> 01:34:53.328
- check your filing for accuracy because if we get everything taken care of, the courts, the clerk's office

01:34:53.328 --> 01:34:56.510
- and life for the Monroe County voter will be

01:34:56.738 --> 01:35:03.582
- much more efficient. That was basically my message and I whipped through that, whipped through that,

01:35:03.582 --> 01:35:10.358
- whipped through that so many times. I know that I wasn't saying anything negative about the clerk's

01:35:10.358 --> 01:35:17.134
- office. I was just saying that I was going to ensure greater accuracy and I told this over and over

01:35:17.134 --> 01:35:22.622
- and over again to voters as they came through the entire period and at that time

01:35:22.882 --> 01:35:29.018
- I had it down to like 20 seconds, 25 seconds, boom, boom, boom. And then I moved on to the next person.

01:35:29.018 --> 01:35:34.976
- So I'm very sorry I was speaking so quickly at that time, but I was trying to get my message out and

01:35:34.976 --> 01:35:41.112
- it was very simple. And then I would move on to the next person. So I'm very sorry. Some of those other

01:35:41.112 --> 01:35:47.070
- people who I talked with, as you mentioned, the man in the polo shirt, he enjoyed to talk with me so

01:35:47.070 --> 01:35:48.958
- much that we continued to talk.

01:35:49.218 --> 01:35:55.335
- That doesn't mean that I was annoying to other people. Some people were very engaged, I'm so sorry,

01:35:55.335 --> 01:36:01.574
- out of maybe speaking with 1,000 people, you were the one person who complained. I would like to know

01:36:01.574 --> 01:36:08.180
- who asked you to make this statement. That would be very informative. Who asked you to make that statement?

01:36:08.180 --> 01:36:14.480
- Sorry, you're not allowed to talk to her. And probably. Gee, you hope somebody would send that to you.

01:36:14.480 --> 01:36:18.334
- Probably Tree Martin Lucas was the person near my flower cart.

01:36:18.466 --> 01:36:27.477
- because at that time she was setting up her chair right next to it. So the blonde haired person was

01:36:27.477 --> 01:36:36.758
- probably Tree. But at any rate, I approached many voters. I did not speak negatively about the clerk's

01:36:36.758 --> 01:36:45.949
- office. I spoke only how I had a plan to improve it and that was my message. It was simple and that's

01:36:45.949 --> 01:36:48.382
- why I got 21% of the vote.

01:36:48.866 --> 01:36:59.744
- Again, I am so sorry that you were intimidated. I apologize for that. I have learned, this was my first

01:36:59.744 --> 01:37:10.308
- primary, I have learned a lot about reading people. Eyes here or there? Okay, here or there? So I am

01:37:10.308 --> 01:37:17.630
- very sorry if I was annoying. 999 people were not annoyed. Next year,

01:37:17.794 --> 01:37:27.277
- Next election, I'm gonna make sure 100% of the people are not annoyed. And if they are annoyed, I'm

01:37:27.277 --> 01:37:36.760
- going to personally apologize to them and try to figure out how I can serve them better. So how are

01:37:36.760 --> 01:37:46.622
- we doing on time? You have five minutes and 41 seconds. Okay, all right. So I think that, I think that,

01:37:48.162 --> 01:37:59.422
- complaint sure it is valid, but this seems like it was gathered up by this, I'm gonna call them the

01:37:59.422 --> 01:38:11.358
- whisper cabal, which again was Penny Givens, Tree Martin Lucas, Karen Wheeler. All of these whispers were

01:38:11.554 --> 01:38:20.111
- just looking for any excuse they could to make a complaint about me because I was a successful forward

01:38:20.111 --> 01:38:28.918
- candidate. As we moved toward the end of the early voting period, I was catching up to Tree Martin Lucas.

01:38:28.918 --> 01:38:37.475
- I was getting those votes. If early voting went on for another month, I don't know, maybe I would have

01:38:37.475 --> 01:38:40.798
- caught up all the way. But essentially,

01:38:44.002 --> 01:38:53.748
- Essentially, I am about service. That's why I run as a candidate, because I'm trying to improve the

01:38:53.748 --> 01:39:03.786
- situation wherever I go, wherever I go. I know things can be improved. And I'm very sorry if sometimes

01:39:03.786 --> 01:39:11.582
- toes get stepped on, but change happens when people act, when they make change.

01:39:11.906 --> 01:39:23.492
- things don't change when people sit on their hands. So sometimes change makers feel threatening to people,

01:39:23.492 --> 01:39:35.078
- but that's okay because it takes all of us to make the world go round. It takes all of us. So the question

01:39:35.078 --> 01:39:39.518
- that one must ask is why, why am I being

01:39:40.002 --> 01:39:48.963
- singled out in this manner, and that is because I believe, in my opinion, that this was supposed to

01:39:48.963 --> 01:39:58.282
- be a redemption election tour for Tree Martin Lucas and Karen Wheeler. We all know about how four years

01:39:58.282 --> 01:40:07.243
- ago there were 6,600 votes that were not included the last week's early voting, not included in the

01:40:07.243 --> 01:40:08.318
- vote total.

01:40:08.482 --> 01:40:20.527
- and Karen ended up resigning and Tree Martin Lucas resigned in support or I don't know. But this happened.

01:40:20.527 --> 01:40:32.234
- And as a candidate, if I were elected, I was going to ask Tree and Karen whatever job they wanted, they

01:40:32.234 --> 01:40:36.286
- could have it in my administration.

01:40:36.386 --> 01:40:48.109
- because I felt bad for them for that mishap. It was an honest mistake, I feel. Some people said maybe

01:40:48.109 --> 01:40:59.601
- it was nefarious, but I feel it was an honest mistake. And I believe that it's because I started to

01:40:59.601 --> 01:41:05.118
- all of a sudden seem like a true candidate that

01:41:07.042 --> 01:41:16.801
- the whispering cabal started to grow desperate and they started to speak amongst themselves, what can

01:41:16.801 --> 01:41:26.942
- we do to bring this guy down? Like the election signs, I mean, the paid for by Joe was fine, the previous

01:41:26.942 --> 01:41:36.414
- election, I don't know why it's being investigated again when it was okay before, but that's okay.

01:41:36.514 --> 01:41:47.575
- All right, I am still an independent candidate collecting signatures to get on the ballot for the fall

01:41:47.575 --> 01:41:58.529
- as clerk. And again, I'm going to speak to the voters. I'm gonna make sure that the early voting area

01:41:58.529 --> 01:42:06.046
- is up to snuff and safe for everyone. And Richard Kreider is going to

01:42:06.242 --> 01:42:15.562
- make sure that whatever my volunteer add or value add is going to fit in with the plan because they

01:42:15.562 --> 01:42:24.881
- are so understaffed over there and they need more people than the county affords them and they need

01:42:24.881 --> 01:42:34.387
- all the volunteer help they can get. So again, you know, I think what this comes down to is that this

01:42:34.387 --> 01:42:36.158
- was supposed to be

01:42:36.706 --> 01:42:44.619
- a redemption election for Tree Martin Lucas and Karen Wheeler and someone told me that Penny Givens

01:42:44.619 --> 01:42:52.533
- was gonna get a good job in the office too. So that's all fine and dandy. I want everyone to do the

01:42:52.533 --> 01:43:00.763
- best job they can but should I become the new clerk in the fall following the election, I'm gonna again

01:43:00.763 --> 01:43:06.302
- ask Tree whatever job you want, Karen Wheeler, whatever job you want,

01:43:08.962 --> 01:43:20.953
- because I know you'll do good work for the people because you have before and you will continue to do

01:43:20.953 --> 01:43:32.827
- so. All hands on deck. Thank you, sir. I feel bad not asking this question. Indiana has a sore loser

01:43:32.827 --> 01:43:34.590
- lock, correct?

01:43:36.066 --> 01:43:44.243
- And if that's the case, if you ran for clerk in a primary and did not win, you are not allowed to file

01:43:44.243 --> 01:43:52.419
- as an independent for that same office in that general election. People bring up the sword winner law.

01:43:52.419 --> 01:44:00.358
- I've heard this, yeah, the sword winner law establishes, well, tries to eliminate independents from

01:44:00.358 --> 01:44:03.454
- getting on the ballot. Or a loser law.

01:44:03.554 --> 01:44:10.431
- It's called the sore loser laws. The name of it. I'm just some people refer to it as the sore winner

01:44:10.431 --> 01:44:17.239
- law. Tomato tomato. That's not doesn't matter. You make your you go ahead. But I think you're going

01:44:17.239 --> 01:44:24.048
- to end up not being happy with the result of how that whole thing works. All right. What's that? We

01:44:24.048 --> 01:44:30.924
- need to move to deliberations, correct? Procedurally, is the board closing the hearing at this time?

01:44:30.924 --> 01:44:32.286
- Yes, I move that we

01:44:32.514 --> 01:44:43.751
- I'll close the hearing at this time. Second. You can voice vote. All in favor of closing the hearing?

01:44:43.751 --> 01:44:55.207
- Aye. Sorry, Ashley, we'll come back to you later. So if we are closed, I'm just going to quote the four

01:44:55.207 --> 01:44:59.614
- words directly from Mr. Davis. I agree.

01:45:02.722 --> 01:45:13.893
- As soon as we're finished with deliberation, I would be happy to make a motion. Okay. My question, and

01:45:13.893 --> 01:45:24.956
- this is the legal thing, okay. Is there a reasonably solid line or is it wavy and curvy between being

01:45:24.956 --> 01:45:30.270
- annoying and being intimidating and threatening?

01:45:32.450 --> 01:45:41.040
- Follow where I'm going. I mean, I understand the question is one thing. Threatening people or intimidating

01:45:41.040 --> 01:45:49.309
- them is something else. I'm going to try to look up the voter making sense to you guys. Whether or not

01:45:49.309 --> 01:45:58.622
- there was interference with somebody trying to get into to get into vote. I don't. Yeah, I don't disagree with you.

01:46:05.122 --> 01:46:12.959
- I see that. And this may be a thing that life experiences for you guys and me are different here. So

01:46:12.959 --> 01:46:20.253
- that maybe I'm looking at it from a different point of view. I appreciate that. Yeah, I mean,

01:46:20.253 --> 01:46:28.401
- I get that. While that's going on, may I ask Ms. Ferris one question? I think that I heard you say this,

01:46:28.401 --> 01:46:34.686
- but I'm not 100% sure that you did have other that you had complaints from other

01:46:34.850 --> 01:46:41.149
- voters about some of the behavior? Yeah, so there were multiple complaints that were made to our office.

01:46:41.149 --> 01:46:47.448
- Actually, in fact, this one once we started getting more and more, I was requesting individuals to write

01:46:47.448 --> 01:46:53.447
- them down. I do remember that Miss McGarry was brought into my office and I asked her to write this

01:46:53.447 --> 01:46:59.447
- statement down on writing so that I could then send it onto the election board so we could continue

01:46:59.447 --> 01:47:03.646
- making progress with this as after the first couple of conversations.

01:47:03.842 --> 01:47:13.734
- behaviors and actions were not changing. May I address, may I address that response? I don't think that

01:47:13.734 --> 01:47:23.435
- as much as you'd want. I don't think that's appropriate right now because we're in our deliberations.

01:47:23.435 --> 01:47:28.286
- Again, this is that early exclusive club of three.

01:47:36.994 --> 01:47:43.602
- It's one of those statutes that cross-references other statutes, so I promise I'm getting there, I think.

01:47:43.602 --> 01:47:50.147
- I think it says a person who knowingly or intentionally intimidates, threatens, or coerces an individual

01:47:50.147 --> 01:47:56.380
- for voting or attempting to vote, urging or aiding another individual to vote or attempt to vote or

01:47:56.380 --> 01:48:02.302
- exercising any power or duty under this title commits voter intimidation. But then you have to

01:48:03.522 --> 01:48:11.920
- Go and look what constitutes intimidates, threats, or coercion. Where I'm kind of arguing with myself

01:48:11.920 --> 01:48:20.318
- right now is you might feel intimidating to someone while you yourself don't feel you are being that.

01:48:20.318 --> 01:48:28.222
- But I am probably more inclined, since the prosecutor's going to look at the other ones anyway,

01:48:28.674 --> 01:48:40.402
- She could look at this and say, hey, you guys are weird and throw it, or there's something here. I think

01:48:40.402 --> 01:48:51.014
- she has a lot more experience with technology than I certainly do. Absolutely. I do think it's

01:48:51.014 --> 01:48:53.918
- a fact-sensitive inquiry.

01:48:59.010 --> 01:49:11.971
- I guess we would need a motion, yeah. I move that we forward Ms. McGarry's complaint to the prosecutor

01:49:11.971 --> 01:49:25.310
- for further. Any other discussion? Ms. Ashley. Nicole Brown? Yes. Danny Shields? Yes. Penny Hiddens? Yes.

01:49:26.882 --> 01:49:33.579
- I think now that we've made those motions that your office desk send this forward. I will forward the

01:49:33.579 --> 01:49:40.145
- complaints to the prosecutor's office. However, I do have a procedural question. I will provide the

01:49:40.145 --> 01:49:47.038
- complaints and any evidence that the board received from the complainants. Mr Davis did present evidence

01:49:47.038 --> 01:49:53.867
- and he has had the exhibit that you presented. Are you OK if I take pictures of this and send it along?

01:49:53.867 --> 01:49:55.902
- Or I don't know how to capture

01:49:56.994 --> 01:50:04.042
- your exhibits here. I'm assuming you don't want to leave them here and I don't want you to either. So

01:50:04.042 --> 01:50:10.467
- I would like to just take photos if the boards are okay with that and Mr. Davis is okay with

01:50:10.467 --> 01:50:17.377
- that. Absolutely. Yeah, that's absolutely fine. I assume you're going to need those things. I will.

01:50:17.377 --> 01:50:24.286
- I'll especially need the tools to continue to clean up for the early voting in the fall. All right.

01:50:25.890 --> 01:50:34.026
- So I will I will work with Mr. Davis on getting photos to send to the prosecutor as well of the exhibits

01:50:34.026 --> 01:50:41.931
- that he attached. And then I think that brings you back to the election board agenda. Which would be.

01:50:41.931 --> 01:50:50.067
- Public comment. Is it appropriate for me to ask for a public comment that would be germane to what we've

01:50:50.067 --> 01:50:54.174
- been working on in the sense? The fact is that we've

01:50:55.554 --> 01:51:03.012
- had quite a meeting and people have to go back to work. Or do we have to take public comment at this

01:51:03.012 --> 01:51:10.544
- time? Was it posted on the agenda? It was not posted on the agenda, and that is an error on my fault.

01:51:10.544 --> 01:51:17.928
- On my part, we do normally have public comment at the election board meetings, but for clarity, the

01:51:17.928 --> 01:51:23.614
- public comment would be not on. I understand. Pleasure of you board members.

01:51:25.410 --> 01:51:36.881
- I'm fine knowing that people are limited to three minutes. Okay, three minutes. There's public comment

01:51:36.881 --> 01:51:48.798
- for three minutes. Mr. Davis for clarity. Are you providing public comment at the current time? I'm sorry.

01:51:48.930 --> 01:51:56.523
- Are you providing public comment? We moved on. We've closed all the hearings and we moved on to public

01:51:56.523 --> 01:52:04.042
- comment. I'll move my stuff out of the way for public comment then. We were just trying to figure out

01:52:04.042 --> 01:52:11.783
- if you were commenting or not, but it sounds like the floor is in what the public comment on on anything

01:52:11.783 --> 01:52:18.270
- having to do with elections. Is that what we're? Yes. I mean, just anything in general.

01:52:18.498 --> 01:52:29.152
- Is that what? Well, we'd like it to be election related. We have someone in line who would like to speak.

01:52:29.152 --> 01:52:39.303
- I need to get the clock restarted. Restart the clock, please. Well, I could stop for a second. Don't

01:52:39.303 --> 01:52:46.238
- start it yet. Am I supposed to sign something? We'll deal with that.

01:52:46.434 --> 01:52:55.058
- Oh, I just wanted to make sure. I didn't want my time to get ticked away, because I'm still waiting

01:52:55.058 --> 01:53:03.854
- to figure out what's happening here. I appreciate it. Cheryl Langdon, Monroe County taxpayer. This is

01:53:03.854 --> 01:53:13.081
- all about how our elections are pretty polarized. We need to have a conversation in the US. An 18-year-old

01:53:13.081 --> 01:53:15.582
- unarmed, alone Henry Novick,

01:53:15.714 --> 01:53:22.751
- was attacked in England six months ago. His assailant's brother called 911 and made a baseless claim

01:53:22.751 --> 01:53:29.788
- that Novak racially attacked him. When the police arrived, unarmed Henry was found dying of his stab

01:53:29.788 --> 01:53:37.174
- wounds. Henry had said, I have been stabbed. The attending police officer gaslit the dying victim saying,

01:53:37.174 --> 01:53:38.846
- I don't think so, mate.

01:53:39.138 --> 01:53:46.667
- Henry received no medical attention until it was clear that he was dying and by that time it was too

01:53:46.667 --> 01:53:54.196
- late. He was dying in handcuffs and was a victim of a racist attack. No one wants to admit this, but

01:53:54.196 --> 01:54:02.023
- his attacker, a Sikh man, falsely accused Henry of a racist attack against him by Henry that night which

01:54:02.023 --> 01:54:07.614
- misled police to treat unarmed Henry as an assailant rather than a victim.

01:54:07.714 --> 01:54:14.327
- The left refused to acknowledge Henry's victimization that occurred twice. Why? Because the victim is

01:54:14.327 --> 01:54:21.265
- white. The reason it's important to talk about the invasions that progressives created in European nations

01:54:21.265 --> 01:54:28.072
- like the UK and the United States is because our nations' white citizens are being discriminated against

01:54:28.072 --> 01:54:29.758
- for absolutely no reason.

01:54:30.978 --> 01:54:37.992
- In August of 2022, Brittany Farr released an essay on the University of Chicago Law website, Fears of

01:54:37.992 --> 01:54:45.350
- a Majority, Minority, Future Depreciating Value of Whiteness. Her essay failed to acknowledge the violence

01:54:45.350 --> 01:54:52.226
- against innocent white people all over the world. And in the United States, law enforcement reports

01:54:52.226 --> 01:54:59.722
- have also documented an increase in anti-white hate crimes during several recent reporting cycles, sometimes

01:54:59.722 --> 01:55:00.478
- accounting

01:55:00.610 --> 01:55:07.469
- for upwards 10 to 20 percent of reported race-based incidents. New York City's mayor, Mandani, continues

01:55:07.469 --> 01:55:14.002
- to use racially-charged language against white citizens concerning tax increases, quote, richer and

01:55:14.002 --> 01:55:20.862
- whiter neighborhoods, unquote. The mayor continues to use racially-charged language against white people

01:55:20.862 --> 01:55:27.394
- in his administration. It's amazing to me how non-white and white leftists are allowed to be openly

01:55:27.394 --> 01:55:30.334
- racist as long as it's against white people.

01:55:30.498 --> 01:55:36.920
- This must stop. Innocent white people are being targeted, assaulted, and many times murdered for being

01:55:36.920 --> 01:55:43.156
- white. The funding of hate groups by leftists has been exposed. It's not right-wing Republicans who

01:55:43.156 --> 01:55:49.515
- are choosing hate. Conservatives are just responding to the radical terrorists and invaders' violence

01:55:49.515 --> 01:55:52.446
- against white Christian people, both non-white

01:55:52.546 --> 01:56:00.576
- and white leftist progressive politicians have been provoking race hate. We have been thrown to the

01:56:00.576 --> 01:56:08.927
- wolves by our own countrymen. They have openly betrayed us, and I say shame on every Democrat. You have

01:56:08.927 --> 01:56:17.118
- helped create a race religious war. You have put a target on us all. Thank you. Thank you. Any other?

01:56:22.338 --> 01:56:32.483
- and I will make a motion to it. Oh, it's coming, okay. Go ahead, sir. Your three minutes will start.

01:56:32.483 --> 01:56:42.728
- Whenever they put it up there. There it is. Your time is running. Three minutes. Three minutes. Okay.

01:56:42.728 --> 01:56:50.462
- Can you please let me know one minute and 30 and then 30 seconds. Thank you.

01:56:55.266 --> 01:57:04.125
- I would like to ask that the election board look into instituting more transparency with procedures

01:57:04.125 --> 01:57:12.984
- like the one that we had today to make contact if there's an agenda that goes out that it's sent to

01:57:12.984 --> 01:57:22.108
- the person who has to come before the hearing body. That these things are done days in advance so that

01:57:22.108 --> 01:57:23.614
- one can prepare.

01:57:23.746 --> 01:57:35.416
- had I known that there was going to be just like lickety-split limitations on time placed today, then

01:57:35.416 --> 01:57:47.201
- I would have been preparing a presentation or argument that would be totally different from what I did

01:57:47.201 --> 01:57:53.150
- work toward because I didn't know any of the rules.

01:57:53.314 --> 01:58:01.384
- two complaints submitted to me at one time. It seemed like I was to address them both, but it never

01:58:01.384 --> 01:58:09.937
- said that I was to address them individually, that each one would have 10 minutes. It was never explained

01:58:09.937 --> 01:58:18.088
- that I couldn't speak to the other witnesses or ask any about the evidence that was being submitted,

01:58:18.088 --> 01:58:20.670
- who took it, why, and you know,

01:58:20.770 --> 01:58:28.661
- sure we're gonna move on to the prosecutor and I welcome this opportunity because then we'll go forward

01:58:28.661 --> 01:58:36.400
- and we'll hammer things out which will improve the system. That's the way it's gonna work out and I'm

01:58:36.400 --> 01:58:44.215
- gonna be vindicated. It's gonna waste a lot of time for everyone involved but I will be vindicated and

01:58:44.215 --> 01:58:49.982
- you will learn new procedures and hopefully in the future no one will be so

01:58:50.370 --> 01:58:59.113
- rudely dealt with like I've been dealt with today. But that's okay. We all can improve. I know that

01:58:59.113 --> 01:59:07.943
- every one of us in here tries to improve every day. So let's make this a civil environment and let's

01:59:07.943 --> 01:59:17.298
- make it transparent. Let's give everyone the full disclosure possible. This will be the best for everyone.

01:59:17.298 --> 01:59:19.134
- Thank you very much.

01:59:20.162 --> 01:59:27.867
- Thank you. Prior to adjourning, um, the clerk brought to my attention that our next meeting is July

01:59:27.867 --> 01:59:35.726
- 2nd and that the commissioners may not meet that day. If they did. Oh, I'm sorry. I thought you heard

01:59:35.726 --> 01:59:43.662
- it. If the commissioners choose not to meet on July 2nd, uh, what would your pleasure be on us meeting

01:59:43.662 --> 01:59:48.670
- it in the morning instead of later in the afternoon on that day?

01:59:48.834 --> 01:59:58.420
- since this room should already be available. I don't. I believe there will be a commissioner meeting

01:59:58.420 --> 02:00:08.006
- on July 2nd. They've canceled the June meetings, but July is still scheduled normally. We can follow

02:00:08.006 --> 02:00:17.118
- through as to whether we actually need a meeting on that date being that close to today. At any

02:00:17.250 --> 02:00:24.778
- As long as we give notice, we can cancel that meeting. We'll, we'll, we'll communicate that through

02:00:24.778 --> 02:00:32.305
- your office. Okay. All right. Then I would entertain a motion to adjourn motion to adjourn those in

02:00:32.305 --> 02:00:35.166
- favor. Aye. Aye. Opposed. Happy June.
