Gorbea Refuses to Answer Questions About Non-Secure Email Ballots
Friday, July 09, 2021
Rhode Island Secretary of State Nellie Gorbea is refusing to answer questions about the decision by the Board of Elections to accept ballots via email, or when she knew about the decision, or if the decision was legal.
As GoLocal reported on Wednesday, there appears to be widespread confusion in Rhode Island state government over the decision and legality of the Board to accept and count non-secure emailed ballots from overseas and military voters.
Gorbea’s responsibilities are described as the following, according to her state website, “As Rhode Island’s chief elections officer, the Secretary of State registers voters, prepares ballots, certifies election results and administers oaths of office.”
GET THE LATEST BREAKING NEWS HERE -- SIGN UP FOR GOLOCAL FREE DAILY EBLASTOn Wednesday, GoLocal emailed Gorbea’s spokesperson Nick Domings requesting a time to interview Gorbea about the emailed votes.
“Looking to interview the Secretary of State today or tomorrow on this issue of voting by email. Please let me know what time would work well for her. I don't think I would need more than 20 minutes,” wrote GoLocal in an email.
Domings wrote on Wednesday that he would try and get the interview scheduled, “The Secretary is traveling today for a family event so my communication with her is delayed. I will follow up as soon as I’m able.”
But, by Thursday morning, Gorbea’s office did a 180-degree reversal.
“No, the Secretary will not be doing an interview as the Board of Elections oversees the process for receiving, counting, and certifying ballots. All military and overseas voters deserve an effective and secure system for returning their ballots. If our office can provide any support to the Board of Elections as they review this process, we will gladly provide it,” wrote Domings.
Confusion continues to reign around when Gorbea knew about the Board of Elections accepting ballots via email.
According to multiple sources, Gorbea, who has repeatedly raised concerns about non-secure email ballots was unaware that the Board of Elections accepted and counted email ballots in the 2020 election.
In a Gorbea letter, dated May 4, 2021 to the Rhode Island General Assembly about a piece of legislation to address the voting procedures for the disabled, the letter indicates she did not know that ballots were being emailed in from overseas from non-secure emails.
In that letter to Representative Evan Shanley, chair of House Committee on State Government & Elections from Gorbea wrote, "My office currently transmits ballots to military and overseas voters. However, the current law implies that electronic transmission means faxing. In practice, faxed ballots rarely make it to voters because fax machines are rare and outdated. This bill would allow my office to establish updated methods of electronically transmitting ballots."
"In 2020, my office implemented an improved process for the electronic transmission of ballots to disabled residents. This allowed for many residents to vote by mail, independently. Still, voters could only receive their ballots this way. Ballots could only be returned by mail, or placement in a dropbox," stated Gorbea in the letter.
Did Board of Elections Approve Voting by Non-Secure Email Properly?
However, in the meeting minutes of a January 2020 meeting of the Board of Elections -- eleven months before election day -- the Board seemed to move forward with a policy that would allow non-secure emailed voting, but questions emerge about the Board's authority and if they properly implemented the 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."
And, 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."
Gorbea’s spokesperson said in an email to GoLocal, last week “I’m not sure of the exact date our office learned of the Board’s procedure to accept military ballots via email, but I do know it was before May of this year.”
He added, “Our office has no oversight over the Board’s email security policies. All ballots are returned to the Board so you will have to ask them.”
Erickson has harsh words for Gorbea. He tells GoLocal, "Our board is widely regarded as a model of election management throughout the country. The processes, rules, regulations, and policies that we were able to implement during my six-year term on the board have been featured and lauded in multiple national publications and by election experts across the country."
"The real story is why the SOS [Gorbea] keeps claiming she knew nothing about this when the direct evidence is to the contrary. Have you asked them for the documents they sent to voters overseas yet? Remember, the BOE does not send stuff to voters about how to vote, the SOS does," said Erickson.
GoLocal has submitted an Access to Public Records Act request to the Board of Election for a breakdown of the number of emailed votes accepted by the Rhode Island Board of Elections.
The Board is demanding to be paid more than $1,200 to respond to the request for public documents.
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