Mr. Kevin M.

Moncla
824 Lake Grove Drive
Little Elm, TX 75068
Email: [email protected]
469-588-7778

October 20, 2023

Georgia State Election Board Dr. Jan Johnston

2 MLK Jr. Drive [email protected]
Suite 802 Floyd West Tower
Atlanta, Georgia 30334 Mrs. Sara Tindall Ghazal
(please distribute ) [email protected]

Mr. Matt Mashburn Mr. Edward Lindsey

[email protected] [email protected]

Ex officio:
Mr. Brad Raffensperger
Secretary of State
214 State Capitol
Atlanta, Georgia 30334

Re: Official Complaint Detailing Faults of the 2020 Fulton County Recount

Dear Board Members:

As you know, I have submitted ten complaints to the State Election Board (the
“Board” or “SEB”) over the past two years, some with Joe Rossi, some with David Cross, and
some alone.1 I hope you appreciate the complaints have been rigorously researched, detailed,
and supported by documentation. Each one shows – at the very least – probable cause to show
multiple and repeated violations of Georgia law. These complaints at least deserve a detailed
investigation and explanation of why I and my fellow complainants are wrong. We are happy
to be corrected. So far, not a single complaint has been seriously investigated by the Board.
Mr. Mashburn, is this what you were referring to when you stated that “…every complaint is
treated with the same respect.”? I hasten to correct you, but the proper term in this context is
disrespect.

I understand that the Board cannot properly investigate because it does not have the
necessary funding. I understand that the Board relies on investigators from the Secretary of
State. That, of course, is obviously a severely deficient process – many of these complaints

1
The previous complaints may be found at the addresses listed on Annex A to this letter (links to my uploads on
Scribd.com). Only one of these complaints was assigned a “case number” for investigation. While Chairman
William Duffey expressed interest in these complaints, we had to send him the complaint five (5) times before he
responded, and then he responded with a specious explanation from an unidentified “technician” from Dominion
Voting Systems. We provided declarations from three election machine experts to refute that specious explanation
but have heard nothing further. See expert declarations included in reference to Complaint Number 9 on Annex A.
Letter to State Election Board
October 20, 2023
Page 2

show wrongdoing, gross negligence, or incompetence by the Secretary of State, its officers,
and the counties that it is charged with supervising. It is not a shock to understand that the
Secretary of State is not going to investigate itself. Further, we understand that when the
Board “refers” a matter to the Attorney General for “investigation” (as was done, for example
with Case No. 2021-181 on March 16, 2022), the Attorney General’s office has no
investigators to investigate, and simply is used to delay action on the referral. (In the case of
2021-181, which showed 4,583 non-existent Biden votes had been falsely added to the total
vote count in Fulton County, the Attorney General reverted with a meaningless consent decree
after 15 months – a consent decree which was not even read by the Board before it was
approved. How is that consistent with your duties to the citizens of Georgia, much less to a
person seeking that the law be followed?

In the instant Complaint (our Complaint Number 11), we provide a small ballot-level
analysis (with pictures) which demonstrates, once again, that Americans have no reason to
trust – and every reason to question – Georgia’s disgraceful election system. The ballots
referenced in this complaint should never have been counted, and while the number is small
(only 5), the fact that even one exists shows a massive breakdown in processes in the 2020
election that allowed ballots from one county to be processed and counted in another county.
This is another serious complaint, and we hope that you take your duties to investigate
seriously. See O.C.G.A. 21-2-31.

THE FAILURES REVEALED BY FIVE ATTACHED BALLOTS

By comparing ballot images and data from the original November 3, 2020, machine
count of the votes in that election (hereinafter “Original Count”) and those of the machine
recount which commenced on November 24, 2020 (the “Recount”), we identified significant
and obvious irregularities.

For purposes of this Complaint, please note that we identified five (5) Dekalb County
ballots which were included and counted in Fulton County’s Original Count2, Hand
Count/Audit, which began on November 13, 2020 (the “Hand Count Audit”), and the
Recount.3 An impossible succession of multiple failures would have to precipitate a ballot
from one Georgia county to be counted in a different county, much less five ballots -- for five
different precincts and three separate counts.

2
A true and correct copy of each of the Dekalb County ballot images counted and included in the Fulton County
2020 General Election results is attached hereto as “Exhibit A”. Each ballot can also be viewed at the
corresponding links below:
1. https://ballots.youpeople.org/?wide=true&ballot=05150_00134_000055
2. https://ballots.youpeople.org/?wide=true&ballot=05160_00441_000001
3. https://ballots.youpeople.org/?wide=true&ballot=05160_00441_000013
4. https://ballots.youpeople.org/?wide=true&ballot=00729_00116_000047
5. https://ballots.youpeople.org/?wide=true&ballot=00729_00118_000055
3
A true and correct copy of each of the ballot images of the same ballots described above as scanned, imaged, and
counted again for the Recount is attached hereto as “Exhibit B”.
Letter to State Election Board
October 20, 2023
Page 3

We can identify at least the following failures by Fulton County and, for its failure to
provide oversight to the obvious errors, the Secretary of State:

1. Ballot envelope barcode scan for voter credit. Upon receipt of absentee ballots,
Fulton County scans the envelope barcode which is unique to the voter who
requested the ballot and marks the voter as having voted. Please investigate how an
absentee ballot from Dekalb County could be processed by barcode without anyone
spotting these obvious errors.

2. Voter Signature Verification – Signature verification is performed using a

comparison of the signatures on file with the county verifying the signature, based
on the ballot application or the original registration. How could Fulton County
have properly verified signatures from voters not resident in Fulton County?4

3. Scanning Ballot Definition – The Dominion Voting Machine tabulators only read
ballot styles for which they are programmed - and Fulton County’s tabulators are
only programmed to read Fulton County ballots. The Dekalb ballots were each of a
different ballot style and for different precincts, of a different county. How were
these ballots read by multiple Fulton County tabulators? (All five ballots were
scanned independently on different tabulators.)

4. Adjudication – Three (3) of the five (5) Dekalb ballots survived the adjudication
process, and each was processed by a different adjudication panel. How could
these ballots have survived the adjudication process? Could the persons who
adjudicated these ballots be investigated? It seems appropriate to at least ask the
question, even if, as we stated above, the Board has no real investigatory powers.

5. Hand Count Audit - The Dekalb County ballots also survived the Hand-
Count/Audit and were undetected. These same ballots appear again in the Recount
after not being flagged in the Hand-Count Audit. Who conducted the Hand Count?
What explanation exists for not spotting a Dekalb County ballot in a Fulton County
Hand Count?

6. Machine Recount- The Recount marks the third count and opportunity to catch and
correct the included foreign ballots, and marks yet another failure. How were the
Dekalb County ballots scanned and counted once again? Again, all the scanning
was done on different tabulators.

4
This may be an easy investigation. We know from the affidavit of Mr. Mark Wingate, a member of the Fulton
County Board of Elections (attached), that County officials told him that they had not conducted any signature
verification, in violation of O.C.G.A. 21-2-386. Of course, while this has been apparent for some time, the Board
still approved a slap-on-the-wrist settlement agreement with Fulton County in June without any public disclosure of
the erroneous hand count results or correction of the public record.
Letter to State Election Board
October 20, 2023
Page 4

The implications of the five ballots at issue in this complaint are indicative of a much
larger problem that is of grave concern. This is not one incompetent volunteer asleep at the
switch, but the systems and processes in place to protect the integrity of the election seem to
have failed at every step and through three different counts.

Furthermore, there is no way that the tabulators should have been able to read these
ballots (for either machine count) and there is no way they could have been read accurately.
There is no way the signatures of voters from another county were verified, nor could those
voters have received credit for voting.

This begs the question – and requires an investigation -- what voters were these ballots
attributed to and how? Is a corresponding voter even necessary?

Based on my understanding of what Georgia purports to claims as its “secure” election

systems, there is no suitable, theoretical, or even remotely plausible explanation for all
systems, protocols, and procedures to have failed for each of these ballots, over three separate
“counts” – which the Secretary of State claimed showed no errors. There is no excuse, but
unless you can answer these questions in an investigation, there is one conclusion -- Georgia’s
election system has completely and astoundingly failed. This is not an isolated “anomaly”, but
rather widespread, multiple-layered, successive failure only possible through intentional
system manipulation and/or malfeasance.

Please report the results of your investigation, hopefully before the next election. It
seems that the citizens of Georgia and the United States have waited long enough to have a
real investigation into the 2020 election and all the anomalous activity we have identified in
our complaints. If you choose not to investigate, as you have in the past, this will simply be
further evidence of a gross dereliction of duty; we reserve all rights to use any legal means
necessary to prevent continued failure of enforcement and oversight.

Please call me with any questions or comments, as I stand behind our work, but I
would prefer communication in writing. It is important to document yet another failure by the
State Election Board, which will supplement the extensive record for the inevitable next steps.
Thank you.

Very truly yours,

Kevin Moncla
cc: Kurt Olsen, Esq.
 Annex A
Previous Complaints Filed with State Election Board

Complaint/Reference Date Filed Status/Disposition

1. Uncertified Early Voting Poll Tapes Complaint March 10, 2022 No response after initial filing
No reply to requests for an
Georgia law requires tabulator poll tapes from update submitted to the
every tabulator to be signed by the poll manager Board and each board
and witnessed by two others certifying that the member,
results are true and correct. All early voting No Case No. assigned to
tabulator tapes, representing some 315,000 ballots, date (19 months)
are unsigned and uncertified.

Unsigned Tabulator Tapes Complaint Final 2 |

PDF (scribd.com)
2. Early Voting Tabulator Protocols Complaint March 28, 2022 No response after initial filing
No reply to requests for an
At the end of early voting, tabulator security seals update sub
were cut and the memory cards were removed in mitted to each board
violation of Georgia law. On Election Day, those member,
memory cards were inserted into surrogate No Case No. assigned to
tabulators, the polls were closed and poll tapes date (19 months)
printed. This produced fraudulent poll tapes with
the serial number and protective counter of a
different tabulator and effectively masked the serial
and protective counter from the machine which
scanned the ballots.

Tabulator memory cards were removed and

replaced during the course of early voting- and
for reasons other than capacity. The
replacement memory cards were not tested for
Logic & Accuracy, nor were they
checked/verified to start with a “zero” count.
Fulton County essentially violated nearly all
Rules and Regulations in this section governing
Advance Voting, reconciliation, tabulation,
closing the polls, etc.

Fulton County Early Voting Complaint | PDF

(scribd.com)

1
 Complaint/Reference Date Filed Status/Disposition
3. Uncertified Election Day Poll Tapes April 3, 2022 No response after initial filing
Complaint No reply to requests for an
update submitted to the
Georgia law requires tabulator poll tapes to be Board and each board
signed by the poll manager and witnessed by two member,
others certifying that the results are true and No Case No. assigned to
correct. Fifty-nine (59) Fulton County Election Day date (18 months)
tabulator tapes, representing 6,429 ballots are
unsigned and uncertified. Net 4,583 votes for
Biden in the presidential election that should not
have been counted (the “Biden Shift”).

Uncertified Election Day Poll Tapes Complaint |

PDF | Image Scanner | Government (scribd.com)

4. Supplemental Addendum to Ballot Scanner April 15, 2022 No response after initial filing
Protocol Complaint No reply to requests for an
update submitted to each
Supplement to the complaint above added to refute board member,
public comments of Georgia officials who claimed No Case No. assigned to date
that they were forced to redistribute early voting (18 months)
tabulators for Election Day due to insufficient
tabulator inventory. This shows that Fulton County
did in fact have the number of tabulators necessary
for both early voting and election day voting.

5. 2022 Primary Election Recertification No response after initial filing

Complaint; June 6, 2022 No reply to requests for an
update submitted to each
Fulton County Board of Registration and Elections board member,
held a meeting in which they recertified the 2022 No Case No. assigned to
Primary Election results – without the exact results. date (16 months)

6. Complaint regarding Irregularities

Discovered in Hand Recount: July 8, 2022 Assigned Case No. 2023-025
 17,852 votes counted with no ballot after 8-month delay.
images/ballots (net 9,071 Biden Shift) Investigator continues to put
 3,125 duplicate ballots counted (net 182 forward specious
Biden Shift)5 explanations; no official
 20,713 votes recorded on unknown investigation; no review of
tabulators ballots; no explanation of
irregularities
Moncla and Rossi Complaint | PDF | Elections (No explanation after 15
months)
| Science (scribd.com)

5
We note that Complaints numbered 4 and 6 above show a “Biden Shift” of 13,836 votes – that is, a net positive of
votes more than the net positive for Trump of 13,836 – the “margin of error” in Fulton County alone exceeds the
“margin of victory” for Biden in the State of Georgia, contrary to the statements of Secretary of State Raffensperger
to President Donald J. Trump on January 3, 2021. Secretary Raffensperger was in possession of all of this
information on that date.

2
 Complaint/Reference Date Filed Status/Disposition
7. EAC / Pro V&V Expired Accreditation September 12, 2022 No response after initial filing
Complaint No reply to requests for an
update submitted to each
Pro V&V’s accreditation from the EAC as a board member,
Voting System Testing Lab (VSTL) was expired No Case No. assigned to
date (13 months)
since 2017, and was not renewed nor remedied
for two (2) two-year cycles. Moreover, Pro V&V
tested Georgia’s Democracy Suite 5.5A for EAC
certification and were not accredited at the time.

Kevin M. Moncla David Cross | PDF (scribd.com)

8. Verified Notice & Demand for Emergency October 11, 2022 No response after initial filing
Review No reply to requests for an
update submitted to each
Anomalies discovered in nearly all (~64 of 66) board member,
counties for which we were able to acquire the No Case No. assigned to
date (13 months)
necessary tabulator system log files.

Moncla Cross Demand Emergency Review 10-11-

2022 SM | PDF | Democracy | Political Ideologies
(scribd.com)
9. Complaint Regarding Fatal Flaws in November 4, 2022 No reply to requests for an
Georgia's Voting System update submitted to each
board member,
Complainant’s reply and resubmission in No Case No. assigned to
response to Chairman Duffey’s nonsensical date (12 months_
response to the complaint above. This includes
the Declaration of three (3) systems experts.

SEB Complaint - Cross - and - Moncla - 20221104

FINAL | PDF | Qr Code | Image Scanner
(scribd.com)

10. Official Complaint Regarding Disabled Ballot November 7, 2022 No response after initial filing
Authentication No reply to requests for an
update submitted to each
The Infra-Red (“IR”) ballot paper authentication board member,
system was disabled across the state of Georgia No Case No. assigned to
for the 2020 General Election and again for the date (12 months)
2022 Primary election. Counties continued to
order/purchase the premium Vote Secure paper.

SEB Complaint - Cross and Moncla - 20221107 -

IR - Final | PDF | Bankruptcy | Bankruptcy In The
United States (scribd.com)

3
 Fulton County Superior Court
***EFILED***KJ
Date: 7/27/2023 5:58 PM
Che Alexander, Clerk

IN THE SUPERIOR COURT OF FULTON COUNTY

STATE OF GEORGIA

FULTON COUNTY REPUBLICAN PARTY

Plaintiff,

v.
Case No. 2023CV382174
FULTON COUNTY BOARD OF
COMMISSIONERS, ROBB PITTS,
BRIDGET THORNE, BOB ELLIS, DANA
BARRETT, NATALIE HALL, MARVIN S.
ARRINGTON, JR., and KHADIJAH
ABDUR-RAHMAN,

Defendants.

NOTICE OF FILING

COMES NOW Attorney David Oles, Attorney for Plaintiff, and hereby gives

notice that he is filing the following:

A. AFFIDAVIT OF MARK WINGATE IN SUPPORT OF AMENDED COMPLAINT

FOR DECLARATORY JUDGMENT AND APPLICATION FOR WRIT OF
MANDAMUS

Respectfully submitted this 27th day of July, 2023.

/s/ David E. Oles, Sr.

David Edward Oles, Sr., Esq.
Georgia Bar No. 551544
5755 North Point Parkway
Suite 25
Alpharetta, GA 30022
(770) 753-9995
(877) 207-3883 (fax)
[email protected]

Notice of Filing
Page | 1
1
 IN THE SUPERIOR COURT OF FULTON COUNTY
STATE OF GEORGIA

FULTON COUNTY REPUBLICAN PARTY

Plaintiff,

v.
Case No. 2023CV382174
FULTON COUNTY BOARD OF
COMMISSIONERS, ROBB PITTS,
BRIDGET THORNE, BOB ELLIS, DANA
BARRETT, NATALIE HALL, MARVIN S.
ARRINGTON, JR., and KHADIJAH
ABDUR-RAHMAN,

Defendants.

CERTIFICATE OF SERVICE

I hereby certify that I have this day electronically filed and served NOTICE OF

FILING using the Odyssey e-File GA system, which automatically sends email

notification of such filing to all attorneys of record, and which constitutes effective

service upon all attorneys of record, including:

Kaye Woodard Burwell

[email protected]
Office of the Fulton County Attorney
141 Pryor Street, S.W.
Suite 4038
Atlanta, Georgia 30303

THIS 27th day of July, 2023.

/s/ David E. Oles, Sr.

David Edward Oles, Sr., Esq.
Georgia Bar No. 551544
Notice of Filing
Page | 2
2
5755 North Point Parkway
Suite 25
Alpharetta, Georgia 30022
(770) 753-9995

Notice of Filing
Page | 3
3
EXHIBIT A
EXHIBIT B