Second Letter Shows Gorbea Thought Military Voters Could Vote By Fax, But Not Email Voting
Tuesday, July 13, 2021
The confusion over the acceptance and counting of non-secure votes via emails in last November’s election took another twist as a second letter to the Rhode Island General Assembly emerged.
A GoLocal investigation has unveiled uncertainty by the Rhode Island Secretary of State about the acceptance of non-secure email votes by the Rhode Island Board of Elections during the 2020 election. And, the investigation raises questions about the process in which the non-secure email ballots were allowed.
The Board of Elections and Secretary of State Nellie Gorbea said that the two offices worked in concert and were coordinated. But interviews and documents unveil a different picture and Gorbea has repeatedly refused to answer questions and has refused to sit down for an interview with GoLocal.
GET THE LATEST BREAKING NEWS HERE -- SIGN UP FOR GOLOCAL FREE DAILY EBLASTIn a statement issued on Monday, the two offices stated, “The Secretary of State and the Board of Elections are separate entities that work together to ensure that all eligible voters can vote safely and securely. These responsibilities are particularly important when it comes to those serving our country abroad. Rhode Island’s eligible military members and our citizens living abroad must be granted the opportunity to safely and securely exercise their right to vote.”
Two weeks ago, GoLocal reported that Gorbea sent an initial letter on May 4th to the Rhode Island General Assembly regarding legislation to allow disabled Rhode Islanders to vote electronically. READ HERE.
Second Letter from Gorbea to General Assembly
Now, GoLocal has received a copy of a second letter from Gorbea to the General Assembly, that references how oversees and military voters vote — via fax.
“In our state’s history. I also realize that it is important to improve the way our military and overseas voters receive and return their mail ballots. State law allows these voters to receive and return their mail ballot via fax, which is an outdated and insecure means of transmission. The men and women fighting for our country should have modern methods of returning their ballot and I am committed to updating that process,” wrote Gorbea in the second letter.
Gorbea's statement makes no reference to the fact that in the 2020 election the Board of Election accepted and counted ballots from overseas and military voters from non-secure emails.
The usually highly accessible Gorbea has repeatedly refused to answer questions from GoLocal. Gorbea has appeared on GoLocal LIVE a half dozen times in the past to discuss everything from election security to the state archives.
GoLocal continues to seek from Gorbea answers as to when she learned of the policy change by the Board of Elections, whether she supports the policy, and if she believes that voting for by non-secure email is safe. Gorbea opposes the use of non-secure email voting for disabled Rhode Islanders.
The Board of Elections stated on Monday, "It is critical to clarify that a ballot cast electronically via an active-duty military member or U.S. citizen living abroad is a scan, photo of, or fax of a completed physical mail ballot, which is then signature verified by non-partisan Board of Election staff. Once verified, voters’ choices are then duplicated onto an original ballot to be tallied. This retains a physical ballot in case a recount or audit is required."
The Board of Elections changed its policy in January of 2020 to allow the use of non-secure email voting. The Board voted 7-0 to allow the voting and that the Board's staff would prepare a written policy.
According to the minutes for the January 2020 meeting, agenda item #7:
"7. The Board may discuss and vote on the use of electronic transmissions to certain uniformed services voters and overseas voters who wish to register to vote or cast ballots while overseas. Miguel Nunez, Deputy Director of Elections explained the procedure and of the electronic transmissions of uniformed services voters and overseas voters who wish to register to vote or cast ballots while overseas and the procedure, integrity and security of the ballot by the Board of Elections when accepting the electronic transmission. After a brief discussion a motion was made by Vice Chairman Erickson and seconded by Board Member Johnson to prepare a written policy for this procedure. Voting in the affirmative were Chairwoman Mederos, Vice Chairman Erickson, Board Members Johnson, Pierce, Ramos, Sholes and West. Motion passed 7-0."
To add further confusion about the policy and legality of the decision to accept non-secure email voting, was that the Board's decision was to be memorialized by the Board of Elections in a written policy, but no policy was ever formalized.
As GoLocal previously reported, when the Director of Elections for Gorbea, Rob Rock, was asked if it was legal for the state to accept votes by email, Rock said, “You will have to ask the Board of Elections."
Board of Election Demands Over $1,200 to Provide Breakdown
On June 21, GoLocal requested a breakdown of the returned ballots -- how many were returned by mail, fax or email.
In a letter to GoLocal, the Board of Elections’ Richard Thorton demanded more than $1,200 to identify the number of email votes. “…the Board does not track the method in which US military overseas voters return their ballot. The Board’s staff would need to manually retrieve each fax or emailed ballot from storage to obtain the total tally of each category.
Based on the foregoing, the Board provides the following estimate for search and retrieval costs:
84 hours - 1 hour (no charge) = 83 hours
83 hours x $15/hour = $1,245.00
"Though the total estimated cost to search and retrieve the data responsive to your request is $1,245.00, the Board will charge you the actual cost to search and retrieve the data responsive to your request,” states the letter.
GoLocal has submitted the required payment and has filed an objection.
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