In The Matter Of: Ohio Justice & Policy Center v. Jon Husted, Secretary of State. Jocelyn Bucaro September 20, 2013

Transcription

1 Case: 1:12-cv SJD Doc #: Filed: 06/05/14 Page: 1 of 148 PAGEID #: 2160 In The Matter Of: Ohio Justice & Policy Center v. Jon Husted, Secretary of State Jocelyn Bucaro September 20, 2013 Tri County Court Reporting 886 Bradbury Road Cincinnati, Ohio Original File BUCARO.txt Min-U-Script with Word Index

2 Case: 1:12-cv SJD Doc #: Filed: 06/05/14 Page: 2 of 148 PAGEID #: 2161 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION FAIR ELECTIONS OHIO, Plaintiff, vs., Case No. 1:12-CV-797 JON HUSTED, OHIO SECRETARY OF STATE, Defendant. / DEPOSITION OF: JOCELYN BUCARO DATE TAKEN: September 20, 2013 TIME: PLACE: ON BEHALF OF: REPORTER: 10:36 a.m., to 3:59 p.m. Ohio Justice & Policy Center 215 E. 9th Street, Ste. 601 Cincinnati, Ohio Plaintiff Kelly A. Graff TRI-COUNTY COURT REPORTING & VIDEOTAPE SERVICE 886 Bradbury Road Cincinnati, Ohio Tricountycourt@aol.com PHONE (513) FAX (866)

3 Case: 1:12-cv SJD Doc #: Filed: 06/05/14 Page: 3 of 148 PAGEID #: APPEARANCES: For Plaintiff: NGOZI DNULUE, ESQ. Ohio Justice & Policy Center 215 East 9th Street, Ste. 601 Cincinnati, Ohio For Defendant: ERIN BUTCHER-LYDEN, ESQ. SARAH E. PIERCE, ESQ. HOLLY W. WALLINGER, ESQ. Ohio Attorney General's Office Constitutional Offices 30 E. Broad Street, 16th Floor Columbus, Ohio MATT WALSH, ESQ. KRISTIN RINE, ESQ. Ohio Secretary of State's Office 180 E. Broad Street, 15th Floor Columbus, Ohio Also Present: Mr. Lynn Edward Kinkaid Mr. Jorge Dalence

4 Case: 1:12-cv SJD Doc #: Filed: 06/05/14 Page: 4 of 148 PAGEID #: I N D E X ATTORNEY DIRECT CROSS REDIRECT RECROSS Ms. Ndulue Ms. Butcher-Lyden 63 E X H I B I T S PLAINTIFFS' DESCRIPTION MARKED/REFERENCED No. 1 Exhibit A to Subpoena Page 6 No. 2 Presidential Election Page 27 No. 3 Absent Voter Details Abbreviated Page 29 No. 4 Applications Page 34 No. 5 Election documents Page 34 No. 6 Absent Voter Details Abbreviated Page 48 No. 7 11/6/12 Jail Voters Page 51 No. 8 No. 9 No. 10 Provisional Ballot Affirmation Page 52 Application for Early Voter's Ballot Page 57 Absent Voter Details Abbreviated Page 59 No. 11 Medical Emergencies Page 119 No. 12 No. 13 Hospital Medical Emergencies Page 121 Absent Voter Details Abbreviated Page 123

5 Case: 1:12-cv SJD Doc #: Filed: 06/05/14 Page: 5 of 148 PAGEID #: MS. NDULUE: My name is Ngozi Ndulue. I'm an 2 attorney for the Plaintiffs in this matter. 3 Everyone can introduce themselves. 4 MS. BUTCHER-LYDEN: My name is 5 Erin Butcher-Lyden. I'm an attorney for Jon Husted 6 in this matter. 7 MS. WALLINGER: Holly Wallinger with the 8 Attorney General's Office representing Secretary 9 Jon Husted. 10 MS. PIERCE: Sarah Pierce with the AG 11 representing Jon Husted. 12 MR. WALSH: Matt Walsh with the Secretary of 13 State's Office. 14 MS. RINE: I'm Elections Counsel Krstin Rine 15 with the Secretary of State's Office. 16 MR. KINCAID: Lynn Edward Kinkaid, Butler 17 County Elections Director of the Butler County Board 18 of Elections. 19 THE WITNESS: Jocelyn Bucaro, Deputy Director 20 at the Butler County Board of Elections

6 Case: 1:12-cv SJD Doc #: Filed: 06/05/14 Page: 6 of 148 PAGEID #: Whereupon: 2 JOCELYN BUCARO, 3 a witness, having been called to testify, took an oath 4 and was examined and deposed as follows: 5 CROSS-EXAMINATION 6 BY MS. NDULUE: 7 Q Ms. Bucaro, I want to do a little introductions 8 and then we'll start into the questions. Well, actually 9 first one question, have you been deposed before? 10 A No. 11 Q Okay. So, I'll explain a little bit about how 12 this works. I will ask questions. I'll try to make them 13 as clear as possible, but if you don't understand 14 something or if you need some clarification, please let 15 me know. 16 A Uh-huh. 17 Q If you need a break, just let me know, but 18 probably not when there's a question pending. 19 A Sure. 20 Q So, after you've answered a question. Also, if 21 you're answering "yes" or "no", if you could say "yes" or 22 "no", not "uh-huh" or -- you know, just so that the court 23 reporter can take everything down. Any questions? 24 A No. 25 Q Great. Well, first of all, thank you for being

7 Case: 1:12-cv SJD Doc #: Filed: 06/05/14 Page: 7 of 148 PAGEID #: here today. I wanted, first of all, to talk about the 2 30(b)(6) Notice, the Subpoena that was served on your 3 office. I'm handing you an exhibit to that subpoena. 4 I'll hand one to the court reporter. That could be 5 marked as Plaintiff's Exhibit 1. Have you seen this 6 exhibit? 7 A Yes. 8 Q And you've made yourself familiar with the 9 Subjects of Deposition in this exhibit? 10 A Yes. 11 Q And we already talked about -- before we 12 started recording you handed me some documents that were 13 listed in the documents to be produced. 14 A Yes. 15 Q We're currently copying that and when we come 16 back we can talk about those. 17 A Okay. 18 Q So, with this 30(b)(6) deposition you realize 19 that you are testifying for the Butler County Board of 20 Elections; is that correct? 21 A Yes. 22 Q So, I have a couple of questions about your 23 preparation. Just how did you prepare for this 24 deposition? 25 A I met with our election services manager.

8 Case: 1:12-cv SJD Doc #: Filed: 06/05/14 Page: 8 of 148 PAGEID #: Q Who is that? 2 A Mickey Smith. And our early voting manager, 3 JacRisia McKinnon. And asked them to prepare any 4 materials for me to ready me on the subjects to be 5 discussed. 6 Q Can I ask, what does the election services 7 manager do? 8 A She oversees our registration, early voting and 9 candidate and ballot services departments. 10 Q And for, you said, registration, early voting 11 and candidate and ballot services, are those separate 12 departments? 13 A Yes. Candidate and ballot services is one 14 department. 15 Q What does candidate and ballot services do? 16 A Candidate filings, petitions are processed in 17 that department. Ballot language is drafted and written 18 in that department. All campaign finance reports are 19 filed in that department and audited there. 20 Q And then you said you also talked to 21 JacRisia McKinnon who's early voting manager? 22 A Correct. 23 Q What does the early voting manager do? 24 A She oversees all early voting, whether it be 25 UOCAVA ballots mailed to military and overseas voters, in

9 Case: 1:12-cv SJD Doc #: Filed: 06/05/14 Page: 9 of 148 PAGEID #: person early voting and all absentee voting, nursing home 2 voting, jail voting and hospitalized voters. 3 Q And so you had a conversation with them and you 4 asked them to give you any documents? 5 A I asked them to prepare me on the subject 6 matters to be discussed today. So, our absentee voting 7 procedures for hospital and jail voters and everything 8 else listed in the Exhibit A. 9 Q Okay. And this preparation, was it through 10 conversations or A The materials that are being photocopied, they 12 prepared for me. We briefly discussed them. I went over 13 my understanding of our processes to clarify that I 14 understood them all correctly and they confirmed for me. 15 Q And about how long did you take to prepare for 16 this deposition today? 17 A Probably, myself, about 90 minutes. 18 Q Thank you. So, I'll first start with some 19 background questions about you. Could you tell me what 20 your position is at the Butler County Board of Elections? 21 A Deputy Director. 22 Q And how long have you held that position? 23 A A little over two years. I was originally 24 hired as the Director, but the Director and Deputy 25 Director are considered interchangeable in our

10 Case: 1:12-cv SJD Doc #: Filed: 06/05/14 Page: 10 of 148 PAGEID #: organizational structure. 2 Q And so how long were you the Director then? 3 A Hired as the Director a little over two years 4 ago, served for about seven months and then became Deputy 5 Director when the Board reorganized. 6 Q And before that time were you an employee of 7 the Butler County Board of Elections? 8 A No. 9 Q What did you do before you went to the Butler 10 County Board of Elections? 11 A Immediately before I was a stay-at-home mom. 12 Q And for how many A For how many years? 14 Q Uh-huh. 15 A Seven years. 16 Q Prior to that? 17 A I was a high school social studies teacher. 18 And prior to that I worked on a presidential political 19 campaign and in the Whitehouse Political Affairs Office. 20 Q What years was that? 21 A 1997 through 2000 I worked in the Whitehouse, 22 from '97 to '99. Campaigning, '99 through Taught through Q So, as the Deputy Director -- you said the 25 Deputy Director and Director are somewhat

11 Case: 1:12-cv SJD Doc #: Filed: 06/05/14 Page: 11 of 148 PAGEID #: interchangeable -- could you talk about the duties of the 2 Deputy Director and what your duties are at the Board of 3 Elections? 4 A Oversee the entire office. Oversee all 5 election preparation, planning, directly supervise all of 6 our managers including our election services managers. 7 We have two. One is over the three departments I named 8 before. The other manages our polling places, poll 9 workers and warehouse operations. We also have an 10 information services manager who manages all of our 11 voting equipment and election servers and databases, who 12 reports directly to me and the Director. 13 Q Let me make sure that I've gotten all of the 14 different pieces together. 15 A Sure. 16 Q So, you're saying there's a manager for I guess 17 the different divisions? 18 A Yeah, sort of a team leader for each of our 19 divisions, registration, early voting and candidate and 20 ballot services. 21 Q And you said registration, early voting, 22 candidate and ballot services, but there's also A Poll workers, polling places and Q Warehouse? 25 A Warehouse.

12 Case: 1:12-cv SJD Doc #: Filed: 06/05/14 Page: 12 of 148 PAGEID #: Q And then the IT manager? 2 A Correct. 3 Q And those people, the team leaders, managers, 4 all report to you? 5 A The team leaders report to their respective 6 election services managers, who then report to the 7 Director and the Deputy Director. 8 Q I think I misunderstood a little bit about the 9 organization. So, are there two levels that you are 10 talking about? 11 A Yes. 12 Q Could you explain that a little bit? 13 A However the IT information services manager 14 reports directly to the Director and myself. That's the 15 distinction. 16 Q So, the polling place team leaders, poll 17 workers team leaders and warehouse operation team 18 leaders A Report to one election services manager. 20 Q And then the candidate and ballot services 21 manager? 22 A Yes. 23 Q And early voter manager? 24 A Clarification. There's no manager of candidate 25 and ballot services. Those clerks report to our election

13 Case: 1:12-cv SJD Doc #: Filed: 06/05/14 Page: 13 of 148 PAGEID #: services manager, the other election services manager, 2 along with our team leader manager and early voting and 3 we have registration team leader, as well. They all 4 report to -- 5 Q Election services -- 6 A Yes. 7 Q -- manager? So, there's a distinction between 8 a team leader and a manager? 9 A Well, not really, no. 10 Q Just different terminology, then? 11 A Yes. 12 Q Okay, thank you. I want to talk a little bit 13 about -- one question, do you have a role in hiring 14 workers? 15 A Yes. The Board does all appointments, the 16 four-member board, but we make recommendations, the 17 Director and Deputy Director make recommendations. Our 18 staff is equal parts Republican and Democrat. So, the 19 Director's a Republican, I'm a Democrat. Our Board is 20 split the same way. We do make appointments based on 21 party affiliation to our other positions, as well. So, 22 if there's a Democrat employee position to be filled, the 23 recommendation would come from me. If there's a 24 Republican position to be filled, the recommendation 25 would come from the Director.

14 Case: 1:12-cv SJD Doc #: Filed: 06/05/14 Page: 14 of 148 PAGEID #: Q And are all of the positions in the Board of 2 Elections kind of delineated between Democrat positions 3 and Republican positions? 4 A Yes, for the most part, yes. 5 Q So, you said that the members appoint people to 6 the different positions? 7 A Uh-huh. 8 Q Are there positions that you specifically hire 9 for anything that -- for people that you need near the 10 election? 11 A Yes; we do hire temporary employees to help us. 12 Q And who makes that decision about how many you 13 need and who gets hired? 14 A The Director, Deputy Director and election 15 services managers discuss and decide on the number that 16 we need and we hire -- we use a temp agency to hire some 17 employees and we also hire based on recommendations from 18 any of the people I named. We've hired former employees 19 who have retired that have come in and worked as 20 temporary employees. We've hired people who are familiar 21 to us who we know would be good employees for the Board 22 on a temporary basis. 23 Q And the temporary employees that you hire, are 24 they appointed by the members? 25 A No. Those are hired by the Director and Deputy

15 Case: 1:12-cv SJD Doc #: Filed: 06/05/14 Page: 15 of 148 PAGEID #: Director. 2 Q I'd like to talk about some of the general 3 procedures for absentee voting. 4 A Uh-huh. 5 Q So, for someone who is not in a hospital, 6 nursing home or jail, how does the absentee voting 7 process work? 8 A They fill out an application for an absent 9 voter's ballot and either hand-deliver it to our office 10 or mail it to our office. And upon receipt -- If it's a 11 military or overseas ballot, it can also be ed to 12 us or we can receive it by fax, as well, for any of the 13 voters. Military and overseas ballots are prepared and 14 mailed out beginning 45 days before the election. We 15 would enter the application into our voter registration 16 system into the voter's record assuming the voter 17 provided all required information on the application. 18 And then we'll prepare the ballot, print the ballot. We 19 do have ballot printers in-house. And print an ID 20 envelope that the voter has to fill out and return with 21 the voted ballot inside. Then we'll either mail, or 22 in the case of military and overseas voters, their 23 ballot to them beginning 45 days before the election. 24 For non-military voters we would begin mailing ballots days before the election, again preparing the ballot, the

16 Case: 1:12-cv SJD Doc #: Filed: 06/05/14 Page: 16 of 148 PAGEID #: ID envelope, and mailing those ballots to those voters. 2 Q So, are all absentee ballots mailed to voters 3 or ed I guess in the case of military -- 4 A All. 5 Q -- Nonconfined? So, let me actually rephrase 6 the question so it's all together. Are all ballots for 7 nonconfined, hospitalized, nursing home, jail voters 8 mailed or ed to the voter? 9 A No. Voters can also appear in person during 10 our business hours to vote in person absentee and the 11 process is very similar; they would fill out an 12 application for an absent voter's ballot. In the case of 13 in-person voting we do permit them to vote on our voting 14 units, electronic voting units, in office or they can 15 request a paper ballot. 16 Q And so the requesting a ballot and actually 17 filling out the ballot, can that happen on one trip to 18 the A Yes, everything can be done in person. 20 Q Now I want to talk a little bit about the 21 procedure for people who are hospitalized on the day of 22 election due to emergency. 23 A Uh-huh. 24 Q Or have a child who's been hospitalized. What 25 is the procedure for those individuals?

17 Case: 1:12-cv SJD Doc #: Filed: 06/05/14 Page: 17 of 148 PAGEID #: A Usually we receive a phonecall, either from a 2 family member of the person who's hospitalized or the 3 patient him or herself. Occasionally the hospital will 4 call on behalf of the patient. We will then fax an 5 application, which is a special application. It's 6 different from the application used by other absentee 7 voters. We'll fax an application to the hospital. The 8 voter will then complete the application indicating how 9 they want their ballot to be delivered. If it's a 10 hospital in our county they do have the option to request 11 that Board personnel bring their ballot to them and 12 return it to the Board. They can also request that a 13 family member that they designate bring their -- pick up 14 their ballot and bring it to them and return it to our 15 office. And they can then fax the application back to us 16 or have a family member bring it back to us in person and 17 then wait to receive the ballot. 18 Q So, as far as your office receiving the 19 application -- or, well, actually your office getting 20 notice that somebody wants to request a ballot, you said 21 that the application or the request could be a phonecall? 22 A Uh-huh. 23 Q Did you say something else as far as other ways 24 that you get a request for a medical A Usually that's the primary way. There have

18 Case: 1:12-cv SJD Doc #: Filed: 06/05/14 Page: 18 of 148 PAGEID #: been cases where patients' families appear in our office 2 asking if their family member can receive a ballot, in 3 which case we follow roughly the same procedure, either 4 the family member takes the application back with them or 5 we fax it over to the hospital. 6 Q And you're getting calls from the hospital? 7 A Occasionally nurses or hospital personnel will 8 call on behalf of their patients. 9 Q But what's the usual case? 10 A The patient or patient's family member calls. 11 Q Do you set up anything in advance, any 12 procedure in advance with the individual hospitals? 13 A We do not. But we have worked with them over 14 many elections, so they are familiar -- some of them are 15 familiar with the process, not all, and they forgot. 16 Q So, what happens if they forgot the process? 17 Like what kind of things happen with hospitals? 18 A They may not be aware that it's even a service 19 that's available for their patients, so they may question 20 what we're doing when we're calling and faxing 21 applications to their patients, so we just have to 22 educate them on what their patients are permitted to be 23 able to do. 24 Q And so you get the request, the fax, the 25 application to the hospital or possibly hand it to a

19 Case: 1:12-cv SJD Doc #: Filed: 06/05/14 Page: 19 of 148 PAGEID #: family member? 2 A Uh-huh. 3 MS. NDULUE: And so -- I could just note that 4 Jorge Dalence is also now here with the copies of 5 the documents produced. I think I'll take a second 6 to look at this. 7 (Deposition stood in recess.) 8 BY MS. NDULUE: 9 Q So, I think we were talking about the process 10 for hospitalized voters. After you fax the application 11 to the hospital you said that the voter had a few 12 options. One was to have a family member deliver it to 13 the Board of Elections and then to request a Board staff 14 member to deliver the ballot; is that correct? 15 A I said Board personnel. It would never be one 16 person. 17 Q Could you explain that, then. 18 A We send out teams, bipartisan teams, two 19 people, one Republican, one Democrat staff member, to 20 deliver a ballot and return a voted ballot to the Board. 21 Q And how many teams did you have for this past 22 election, do you recall? 23 A For the November presidential? 24 Q Yes. 25 A We had three teams, voting in five hospitals.

20 Case: 1:12-cv SJD Doc #: Filed: 06/05/14 Page: 20 of 148 PAGEID #: Q And the members of this team, are they 2 temporary personnel or permanent personnel of the Board? 3 A No team went out with only temporary personnel, 4 but we did have -- we had one team that had two full-time 5 staff on it and the remaining two teams had one full-time 6 staff and one temporary staff on the team. 7 Q And do these teams get training as far as how 8 to assist, facilitate hospitalized voters? 9 A Yes, before they go. 10 Q And are they specifically dedicated as all they 11 do is assisting with hospitalized voting? 12 A No. The two full-time staff who went out as 13 one team have other jobs in our office not related to 14 absentee voting. The other two full time who went part 15 time staff out with them, their jobs in our office are 16 solely devoted to either confined voters in nursing homes 17 or jails or hospital voters on election day. They are 18 full-time employees, but they don't work full-time hours. 19 They assist us with election services in that fashion. 20 So, if we have machine problems, they may be deployed to 21 help. They may be deployed for any number of things, but 22 their primary responsibility is to assist our confined 23 voters for voting in person before election day and then 24 on election day voting in hospitals. 25 Q So, could you explain that? They're full-time

21 Case: 1:12-cv SJD Doc #: Filed: 06/05/14 Page: 21 of 148 PAGEID #: employees, but they don't have full-time hours? 2 A I can't, no. It's just something that our 3 Board has always had, these two positions that serve in 4 that function. And the advantage for us is they are 5 experienced and they know how to vote these voters, so 6 they're very useful to us in that way. But, no, I can't 7 explain. 8 Q So, I guess I'm trying to just know what the 9 term -- how you're using the terms. Like are they A They're called election coordinators. I 11 believe that's their title. They're special assistants. 12 Q So, during the election you say they help with 13 confined voting? 14 A Uh-huh. 15 Q Also did you say if there are problems with A In our Board office on election day they work 17 in what we call our boiler room, which is the room where 18 all election problems come. So, if there's equipment 19 problems, they help manage our boiler room on election 20 day, and if they have to they will go out to a polling 21 location to assist with a problem, or they also help 22 manage election returns returning to the warehouse 23 election night. They work in the warehouse in the 24 evening, as well. They have multiple functions. 25 Q So, then, those functions are assisting with

22 Case: 1:12-cv SJD Doc #: Filed: 06/05/14 Page: 22 of 148 PAGEID #: confined voting, working in your boiler room for any 2 problems that come up including equipment malfunctions? 3 A Uh-huh. 4 Q And if there's an equipment malfunction at a 5 polling place they would go to a polling place? 6 A If that became necessary. But they help staff 7 our boiler room, take incoming calls, help respond to 8 problems from staff in the field. And, if absolutely 9 necessary, they may visit a polling location. For 10 example, if we have to replace a voting unit they could 11 take one out to a polling location. 12 Q So, the majority of the time if they're not out 13 helping confined voters vote then they're in the boiler 14 room? 15 A Correct, on election day. After polls are 16 closed they're in the warehouse. 17 Q So, you said those were in 2003 you had you had three teams. One consisted of two full-time 19 staff members, but not these election coordinators? 20 A Correct. 21 Q Full-time staff members who did other things on 22 the Board, what were the names of those two? 23 A Peggy Robinson and Donna DeFazio. 24 Q And then the other two teams had one election 25 coordinator each?

23 Case: 1:12-cv SJD Doc #: Filed: 06/05/14 Page: 23 of 148 PAGEID #: A Yes. 2 Q So, who are the election coordinators? 3 A Brent Dixon and Wayne Hicks. 4 Q How do you spell Brent Dixon's last name? 5 A D-I-X-O-N. Wayne Hicks. 6 Q And then who else was on Brent Dixon's team? 7 A Cynthia Pinchback-Hines. 8 Q And on Wayne Hicks' team? 9 A Denise Rumph. 10 Q And these two, Cynthia Pinchback-Hines and 11 Denise Rumph, these were the temporary employees? 12 A Correct. 13 Q Were they employed specifically to assist with 14 confined voters? 15 A No. Cynthia was our one of our receptionists. 16 Denise worked in the early voting department as a 17 temporary clerk. 18 Q So, how did they end up on the teams that went 19 out to vote? 20 A We had an unusually large number of absentee requests from hospitalized voters on election day and we 22 needed to deploy more teams than we normally do, so they 23 were pulled to do that. 24 Q So, before election day was there any -- did 25 you have any indication that you would be using these two

24 Case: 1:12-cv SJD Doc #: Filed: 06/05/14 Page: 24 of 148 PAGEID #: people for hospitalized voting? 2 A Those two people specifically, no. We knew 3 there was a possibility we would need more than one team. 4 Ordinarily the team would be Brent and Wayne together. 5 But we knew with the presidential election we may need 6 more, so we did anticipate that there might be a need for 7 additional clerks to go out. 8 Q You said ordinarily one team goes out? 9 A Uh-huh. 10 Q Is that on non-presidential election years? 11 A Correct. 12 Q And so does that also mean that Peggy Robinson 13 and Donna DeFazio were sent out because of this kind of 14 extra need? 15 A Yes. They were sent out after the other two 16 teams had already been deployed and we were still getting 17 requests. 18 Q Okay. So, of the six people that helped in 19 absentee voting for hospitalized voters, did all of them 20 have specialized training in this or how did that work? 21 A They were trained before they went out, yes. 22 And Wayne and Brent are very experienced; they know what 23 to do. 24 Q What did the training consist of before they 25 went out?

25 Case: 1:12-cv SJD Doc #: Filed: 06/05/14 Page: 25 of 148 PAGEID #: A Just reviewing what materials they were 2 bringing with them, reviewing what they were permitted to 3 do as far as delivering the ballot, waiting while the 4 voter completed the ballot, not completing the ballot for 5 the voter, and how to bring the materials back including 6 making sure they received the original application since 7 it had only been faxed to us at that point. 8 Q So, do you know about what time Peggy Robinson 9 and Donna DeFazio ended up having to help out with A I believe it was -- they probably left our 11 office between 4:00 and 5:00. We stopped receiving 12 applications at 3:00 p.m. That is the deadline. And it 13 took some time for us to prepare all the ballots and 14 prepare the materials that they needed. 15 Q Is there a particular person in charge of 16 supervising the teams that go out? 17 A Yeah. That would be JacRisia McKinnon, our 18 early voting manager. 19 Q And what does that supervision look like? 20 A She would handle all training. She handles she prepares all the materials for the teams. She 22 decides which teams are going to which hospitals. She 23 would respond to any questions they have and monitors 24 them while they're out in the field, monitors their 25 progress. And she reported regularly to me, the Director

26 Case: 1:12-cv SJD Doc #: Filed: 06/05/14 Page: 26 of 148 PAGEID #: and the election services manager that day on how that 2 process was going. 3 Q Any problems with that process other than 4 larger volume than expected? 5 A Yeah. It took the teams an extraordinary 6 amount of time. Peggy and Donna did not return to our 7 office until ten o'clock that evening. 8 Q Why was that? 9 A Because of the number of voters they had, they 10 were less experienced than the other teams, and they did 11 encounter a voter who was quarantined under unusual 12 circumstances and that voter in particular took a very 13 long time. 14 Q Could you actually elaborate a little bit about 15 what they needed to do? 16 A They were not permitted into the room where the 17 voter was. A nurse had to hand-deliver their ballot, 18 they had to be able to see that happen, and that all took 19 a while to figure out the logistics of handling the 20 ballot. It had to be placed into a special envelope that 21 was sealed. 22 Q Wow. 23 A Yes. 24 Q So, I want to talk about a couple of documents. 25 Are you aware that we issued a document subpoena to the

27 Case: 1:12-cv SJD Doc #: Filed: 06/05/14 Page: 27 of 148 PAGEID #: Butler County Board of Elections? 2 A Yes. 3 Q Were you involved in putting together the 4 response to that subpoena? 5 A Yes. 6 Q And could you tell me how -- I guess, what the 7 process was for responding? 8 A It involved -- we at first met with our 9 election services manager and our early voting manager 10 and went over the documents that were needed and how they 11 were going to identify what needed to be produced. We 12 ran searches in our system and file searches for 13 the correspondence that was subpoenaed. I also 14 contacted the Butler County Information Services 15 Department because the subpoena covered prior election 16 years before my time, and some of the staff involved had 17 since retired and their systems had been disabled, 18 so our County IT Department had to rebuild their 19 systems in order to produce some of the s that were 20 subpoenaed. And the early voting manager went Downtown 21 to go over all of those records and identify the 22 ones that would be relevant to the subpoena. We 23 contacted our Records Center to produce the applications 24 and other materials that were subpoenaed, documents that 25 were subpoenaed as well from prior election years.

28 Case: 1:12-cv SJD Doc #: Filed: 06/05/14 Page: 28 of 148 PAGEID #: MS. NDULUE: If we could mark this Plaintiff's 2 Exhibit 2. 3 BY MS. NDULUE: 4 Q So, I'm handing you a document titled 5 "Presidential Election", which has been marked 6 Plaintiff's Exhibit 2. Do you recognize this document? 7 A I do. 8 Q Okay. And what is it? 9 A It's a list of all the voters who were 10 hospitalized and requested vote ballots on election day. 11 Q And just note it's two sides? 12 A Uh-huh. 13 Q So, I wanted to ask you a little bit about this 14 document. How was this document created? 15 A It was generated from the applications that 16 were received by the Board for absent voter's ballots. 17 Q And was it generated for purposes of the 18 subpoena or is this something that you generate? 19 A I did not produce this, but I believe it was 20 produced in response to the subpoena. 21 Q I want to direct you to the heading "Delivery". 22 A Uh-huh. 23 Q So, under that heading it looks like there are 24 a few options. There are a couple in that column that 25 are blank or most of the column is blank, would you

29 Case: 1:12-cv SJD Doc #: Filed: 06/05/14 Page: 29 of 148 PAGEID #: agree? 2 A Yes. 3 Q And there's one entry or three entries that say 4 "discharged/ballot pulled"? 5 A Uh-huh. 6 Q So, what does that mean? 7 A In the case of those voters, they were 8 discharged from the hospitals, so they no longer fell 9 under the absent, you know, unforeseen hospitalization. 10 If they were released from the hospital then they could 11 go to their polling place and vote, so we did not deliver 12 a ballot to them. 13 Q When would you generally find out if they had 14 been discharged? 15 A If we contacted the hospital about arranging to 16 fax the application over or in some cases after we sent 17 the application we learned the voter had been discharged 18 from the hospital when we arranged delivery. 19 Q And then for "Delivery, Family", what does that 20 mean when "family" is noted in that column? 21 A On the application received from the voter the 22 voter indicated they'd like a family member to deliver 23 their ballot. 24 Q And then the ones that are left blank, how were 25 those ballots delivered?

30 Case: 1:12-cv SJD Doc #: Filed: 06/05/14 Page: 30 of 148 PAGEID #: A Staff. 2 Q And are these the people that requested a 3 ballot and subsequently voted or what does this list 4 contain as far as hospitalized voters? 5 A Yes, except for the ones who it indicates we 6 learned had been discharged and their ballot was pulled. 7 That means a ballot was never delivered to that voter in 8 this way. Whether they voted or not I don't know from 9 this record. 10 MS. NDULUE: Thank you. I'll put that one 11 aside. If we could mark this one Plaintiff's 12 Exhibit BY MS. NDULUE: 14 Q So, I've handed you Plaintiff's Exhibit 3, 15 which at the top says "Absent Voter Details Abbreviated". 16 And I'll note, which I should have noted for the last 17 one, too, that we have Bates numbered the bottom. So, 18 this one is Bates numbered BOE And then for the 19 record Plaintiff's Exhibit 2 was Bates numbered 20 BUT-BOE through So, do you recognize this 21 document? 22 A Yes. 23 Q Could you tell us what it is? 24 A It's a report from our voter registration 25 system of the voters who voted in the hospitals on

31 Case: 1:12-cv SJD Doc #: Filed: 06/05/14 Page: 31 of 148 PAGEID #: election day. 2 Q Okay. And is this an automated system or I 3 guess was this created by hand or how was the list of 4 hospitalized voters on election day kind of pulled from 5 all the other ones? 6 A We ran a database report asking only for the 7 category of hospital voters, and that's how the report -- 8 and specific to the November presidential election. 9 Q And what categories do you -- I guess do you 10 specifically list in our absentee voter database? You 11 have hospitalized? Do you have a category for jail? 12 A Yes. Nursing homes, military, citizen 13 overseas, no fault, in office absentee. I believe that's 14 all of them. 15 Q And who enters this information into your 16 database? 17 A Various clerks in the early voting department 18 or registration on election day. 19 Q Could we go through this document? If you 20 could, tell me what the different columns mean, 21 specifically the "Category/Org" column. 22 A The category is the category of absentee voter. 23 The second column where it says "OFF" Q Are those two separate columns? 25 A Yes. The "Office" refers to returned to the

32 Case: 1:12-cv SJD Doc #: Filed: 06/05/14 Page: 32 of 148 PAGEID #: office. And "Hand" refers to hand-carried ballot. So, 2 we would flag the return office category for anyone who 3 was voted by staff member. And I'm not clear on why two 4 voters are flagged as "hand". Those clerks may have 5 assumed that because a family member returned that ballot 6 that they categorized it as a hand-delivered ballot or 7 they may not have realized it was a hospital ballot when 8 they processed the return. The category of "Hospital" is 9 generated when the application is received. The second 10 column is generated when the ballot is returned. 11 Q Okay. So, just to clarify, the category 12 heading here is the heading for all the "HOSP" that it's 13 listing here? 14 A Yes. If I were to title that category or 15 column it would be "Return". 16 Q Return? 17 A Uh-huh. 18 Q So A It may not have fit. I don't know why. The 20 category "Org" is Q One column? 22 A Yes. There's no label on that second column. 23 Q I see. So, the second column where the entries 24 are "OFF" or "HAND", those are the only two different 25 types that we see on this page, that is "return"?

33 Case: 1:12-cv SJD Doc #: Filed: 06/05/14 Page: 33 of 148 PAGEID #: A Correct, return method. 2 Q And what does the hand return -- like what does 3 a hand return -- what should it mean? 4 A They should all say "office". We use the hand 5 return category for a no fault absentee ballot or any 6 type of absentee ballot that's mailed to a voter. The 7 voter then hand-delivers it back to our office. We would 8 categorize that in that way. 9 Q And that's so a family member A Bringing it back. We would also categorize 11 that, as well. I can only assume that in those two cases 12 where it says "hand", and for our reporting purposes it 13 doesn't really matter, that that clerk, whoever that was, 14 entered it is a hand-carried because a family member had 15 returned the ballot, but in all the other cases it says 16 "office" even though it may have been hand-delivered by a 17 family member or returned by our staff who voted the 18 voters in the hospital. 19 Q So, from this spreadsheet we can't really 20 tell A No. 22 Q -- which ones were returned by A Staff. 24 Q And which ones were returned by family A Correct.

34 Case: 1:12-cv SJD Doc #: Filed: 06/05/14 Page: 34 of 148 PAGEID #: Q -- is that correct? Okay, one more column that 2 I had a question -- or actually two. The "BT" column, 3 "BT" heading, what information is in that column? 4 A That responds to a batch number, which refers 5 to when the application was entered that number is 6 generated. I don't know the purpose of it. We don't use 7 it for any purpose. 8 Q Okay. And you don't use it to help you 9 retrieve specific records? 10 A No. That would not be useful. 11 Q Okay. The last column that I had -- actually 12 the last two columns, so the "Cons" heading, what 13 information is in that column? 14 A That refers to consolidation. And the column 15 next to it is "Precinct". A consolidation is a precinct. 16 The precinct might include a split. So, the system only 17 recognizes the entire precinct as one precinct or 18 consolidation. So, if there's a split precinct because 19 of a school district line or something, that column won't 20 recognize that. It will only say, for example, HAM1WD1, 21 not HAM1WD1.X and Y. The precinct will identify the 22 split. 23 Q And then "Stub #"? 24 A That refers to the ballot stub number on the 25 ballot that was pulled for the voter.

35 Case: 1:12-cv SJD Doc #: Filed: 06/05/14 Page: 35 of 148 PAGEID #: Q For the ballot stub number not all of them are 2 entered. Is there a specific reason for that? 3 A I can't explain that. 4 Q Because just to be clear this is not just a 5 document about people who requested absentee ballots, 6 whether or not they voted them; these are all people who 7 voted absentee ballots? 8 A Correct. 9 Q So, all of them would have had a ballot? 10 A Yes. 11 Q And then on the back side of this page the 12 "Issued" number, is that the total number of hospital 13 ballots that were issued in 2012? 14 A Yes. 15 Q Is that 44 ballots? 16 A Yes. 17 Q Thank you. As you said, you got a number of 18 hospital applications for I'm going to have this 19 marked as Plaintiff's Exhibit (Deposition stood in recess.) 21 Q Now let's just talk about the documents that 22 you brought with you. I just want to go through them a 23 little bit. So, could you tell me about -- I guess could 24 we have this marked as a whole as Plaintiff's Exhibit 5? 25 So, if we could go through this just so we know what we

36 Case: 1:12-cv SJD Doc #: Filed: 06/05/14 Page: 36 of 148 PAGEID #: have. So, the first bunch of things, could you just go 2 through what each page is? 3 A Sure. Page 1A, as labeled in the packet, is 4 our internal procedures for how to handle incoming calls 5 and questions regarding unforeseen hospitalization and 6 voters calling in under those medical emergencies. 7 Q Quick question on that. This internal 8 procedure, who is it distributed to? 9 A The early voting department or anyone who's 10 assisting the early voting department on election day. 11 Q And that would include the teams that go out? 12 A It would include the teams who go out, yes, and 13 it would also include anyone answering the phones. 14 Q The next one? 15 A That is the process procedures for how to 16 handle a request once it's received, an application once 17 it's received from a voter, how we schedule the voter 18 time to go vote if we're going to go vote them, what has 19 to go into the packet, what the people going to vote have 20 to do when they get there. 21 Q And for the record you're describing 1B? 22 A Correct. 23 Q Which is titled "Medical Emergencies, 24 Hospitalized, Election Day Only"; is that right? 25 A Correct. 1C are our procedures for handling

37 Case: 1:12-cv SJD Doc #: Filed: 06/05/14 Page: 37 of 148 PAGEID #: voters confined in a jail or workhouse. Page 2A, 2B, C, 2 through E are copies of correspondence regarding 3 scheduling and voting jailed voters for the presidential 4 election. I believe those were included in the request 5 for documents subpoena. 2F is the list for voters who 6 voted in the jails by our special assistants. 2G is 7 correspondence with family members regarding medical 8 emergencies on election day, followed by the Application 9 for Absent Voters Ballot by a voter who's hospitalized or 10 minor child is hospitalized. 11 Q And that is not numbered; is that correct? 12 A Correct. 13 Q That's the last page? 14 A It's the prescribed Secretary of State form. 15 Q A couple questions on 1B and 1C. So, who 16 receives -- did you say these are internal procedures, 17 both of these? 18 A Correct. 19 Q And who receives this information? 20 A The teams going out to vote in the hospitals as 21 well as any of our early voting staff, and that would be 22 full-time staff, not temporary employees, who prepared 23 the packets for the teams. 24 Q And these specific -- was this -- a copy of 25 this specific page given to everybody for the 2012

38 Case: 1:12-cv SJD Doc #: Filed: 06/05/14 Page: 38 of 148 PAGEID #: election? 2 A Yes. 3 Q Is that true for 1A, 1B and 1C? 4 A For 1C the only people who vote in the jail 5 were our two special assistants, so, yes, they would have 6 received this. 7 Q The second part that I'd like you to talk 8 about -- oh, actually there's an organizational chart? 9 A Correct. 10 Q Could you kind of describe what is on this 11 chart? 12 A This is the organizational chart as of November 13 presidential election. It illustrates I think what I 14 described earlier in my testimony about how our staff is 15 set up, what the various departments are and who they 16 report to. 17 Q And does it reflect the election coordinators 18 that you discussed? 19 A Correct. 20 Q And then I guess there was the early voting 21 manager? 22 A Yes. 23 Q And she's? 24 A JacRisia McKinnon. 25 Q So, she's a department manager for absentee

39 Case: 1:12-cv SJD Doc #: Filed: 06/05/14 Page: 39 of 148 PAGEID #: early voting? 2 A Uh-huh. 3 Q And this is titled "Butler County Board of 4 Elections" and doesn't have a number? 5 A Yes. It's our internal organizational chart. 6 Q Then could you talk about the document labeled 7 "Butler County Board of Elections, November 6, 2012, 8 General Election, Election Plan and Staffing Schedule"? 9 A Sure. This is a document we use as we count 10 down to election day and it's our staffing plan and all 11 the various tasks and deadlines that each department has. 12 And it's laid out by day with various deadlines or tasks 13 that have to be accomplished. 14 Q I'd like you to refer to Page 9 of this 15 Election Plan and Staffing Schedule. 16 A Uh-huh. 17 Q On the Monday, November 5th, there are a number 18 of people listed under "Early Voting", Jeanette Inman, 19 Kim Ellenburg, Mary Tellup, Lisa Tibbs; is that correct? 20 A Yes. 21 Q And are those people working early voting for 22 confined voters or are they doing something else? 23 A They are full-time staff in our early voting 24 department. That is designating when they took their 25 dinner break that day.

40 Case: 1:12-cv SJD Doc #: Filed: 06/05/14 Page: 40 of 148 PAGEID #: Q Oh, really? 2 A Yes. 3 Q I don't think we need to talk much more about 4 that, then. On Page sorry, Page 13 of this 5 Election Plan and Staffing Schedule, there's a subsection 6 "Medical Emergencies for Voting". Do you see that? 7 A Uh-huh. 8 Q My question is, what's this, "5:00 mail run. 9 Will then report to warehouse"? 10 A Under normal circumstances when we don't have a 11 huge volume of medical emergency voting Brent and Wayne, 12 our two special assistants, would go vote in the 13 hospitals. Usually they begin around 1:00 or 1:30 and 14 then would come back if we would still receive 15 requests -- most of our requests are received before that 16 time, so if we have any subsequent after that we can call 17 them and tell them they have to come back and pick up 18 more and go back. But under normal circumstances that's 19 how we would process those and they would begin around 20 1:00 or 1:30 and around five o'clock they would go to the 21 Post Office to receive -- pick up any mail for the Board 22 of Elections so that we have all returned absent voter's 23 ballots in our office for our unofficial run election 24 night. 25 Q And you mentioned that if more applications are

41 Case: 1:12-cv SJD Doc #: Filed: 06/05/14 Page: 41 of 148 PAGEID #: received they might go back, they might go back to the 2 same hospital; is that what you're saying? 3 A They may if we receive a request from a voter, 4 an application from the voter in the same hospital where 5 they've already been, yes, we would go back. 6 Q And does that happen often? 7 A Yeah. It happened in this last election, yes. 8 Q Then what's the next document in the packet of 9 documents? 10 A It's the directive from the Secretary of State on absentee voting. 12 Q And the last document? 13 A It's a copy, a printout of the ORC concerning 14 disabled and confined absent voter's ballots. 15 Q Thank you. I'll set that to the side. We were 16 getting quite a stack of paper there. I'm actually going 17 to hand you this, so I'd like to hand you what has been 18 marked as Plaintiff's Exhibit 4. Are you familiar with 19 this? 20 A Yes. 21 Q And I'll represent to you that these are the 22 hospitalized voters ballots that we received from your 23 office. 24 A Applications, correct, not ballots. 25 Q Sorry, applications.

42 Case: 1:12-cv SJD Doc #: Filed: 06/05/14 Page: 42 of 148 PAGEID #: A Yes. That's okay. 2 Q That would not be good. Okay. So, these are 3 the applications from hospitalized voters that we 4 received. And the first Bates number on here his 5 BUT-BOE and it goes through BUT-BOE Could 6 you take a moment just to familiarize yourself with the 7 application? 8 A I have seen these before. 9 Q Okay. And so would you agree that these are 10 the absentee ballot requests for hospitalized voters for 11 the 2012 general election? 12 A Yes. 13 Q If you could, just go through with me about 14 some of the information that is based on the ballot 15 whenever you're done reviewing it. 16 A Yes, I'm ready. 17 Q Okay. So, one question that I had is on this 18 first application that was BUT-BOE the person 19 checks that they are voting in a primary election. Was 20 there a primary election going on on November 6, 2012? 21 A No. 22 Q So, it was just an error here? 23 A Yes. 24 Q But the information that is generally on this 25 form is name, address, birth date, some type of

43 Case: 1:12-cv SJD Doc #: Filed: 06/05/14 Page: 43 of 148 PAGEID #: identifying information? 2 A Yes. 3 Q Date of the election and then what type of 4 election is being voted? 5 A Yes. 6 Q Now, on this sheet does the person have an 7 opportunity to decide whether they want to have election 8 officials bring them the ballot or a family member? 9 A Yes. 10 Q And on this particular ballot the one on this 11 first page that we're talking about, what choice did the 12 person make? 13 A This voter chose to have two election officials 14 deliver his ballot to him at the hospital. 15 Q And then the hospital and the hospital 16 location, date of admission are noted here? 17 A Yes. 18 Q So, is this the type of request that you would 19 be receiving by fax A Yes. 21 Q -- on election day? Okay. And I just noted 22 that the date of admission seems to vary for people? 23 A Yes. 24 Q For example, it's not always filled out, but, 25 for example, on the next page, BUT-BOE000035, the person

44 Case: 1:12-cv SJD Doc #: Filed: 06/05/14 Page: 44 of 148 PAGEID #: was admitted on the 30th? 2 A Yes. 3 Q And then in the middle here BUT-BOE A 55? 5 Q Yeah, A Yes. 7 Q The date of admission there is October 24th? 8 A Yes. 9 Q So, for the people that are voting 10 hospitalized, are there particular limitations on when 11 they were admitted? 12 A Yes. The Saturday before election day, it has 13 to be after that. 14 Q Is that when they have to be admitted or when 15 they have to request the absentee ballot? 16 A Unforeseen hospitalization, as I read the 17 requirements -- I'm not sure if it's in this particular 18 directive. I can't remember right at the moment. But 19 those voters would be hospitalized after the absentee 20 ballot application deadline, which is Saturday at noon, 21 the Saturday before election day. 22 Q And is there a particular provision if somebody 23 was in the hospital and they got kind of held over for 24 longer, would that constitute unforeseen? 25 A I'm not aware of anything in the law that

45 Case: 1:12-cv SJD Doc #: Filed: 06/05/14 Page: 45 of 148 PAGEID #: permits that. 2 Q Okay. All of these applications, what happens 3 after these applications are faxed? What kind of 4 processing happens to these? 5 A They would be given usually to a full-time 6 staff member who would -- and when I say "full time" I 7 mean permanent employee, not a temporary clerk -- who 8 would enter the application into our voter registration 9 system and begin the process of generating a ballot, ID 10 envelope and preparing the materials that have to go out 11 for the voter. 12 Q And at that time do they check them against a 13 voter registration database? 14 A Yes. They would verify the voter's address, 15 the voter's identification, correct. 16 Q Now, the permanent staff members that are doing 17 this processing of these medical emergency absentee 18 applications, are they processing any other applications 19 or ballots on election day? 20 A No, not applications; they are processing 21 ballot returns on that day. But absentee ballots, they 22 are returned by mail or hand-delivered to the office. 23 And they're also responding to phonecalls which are especially on a presidential election day the phone rings 25 a lot.

46 Case: 1:12-cv SJD Doc #: Filed: 06/05/14 Page: 46 of 148 PAGEID #: Q Can I refer you back to I think it was 2 Exhibit 3 -- or actually if we could look at Plaintiff's 3 Exhibit 2, which is the presidential election November 6, So, how many hospitals were people voted at or did 5 officials go to help people vote on election day? 6 A Five. 7 Q Five. Okay. Could you list them? 8 A Mercy Medical Center in Fairfield; 9 McCullough-Hyde Memorial in Oxford; Fort Hamilton 10 Hospital in Hamilton; HMA Medical Center; Atrium 11 technically is in Franklin, which is in Warren County, 12 but it borders Butler County and we did vote there; and 13 West Chester Hospital in West Chester. 14 Q I kind of looked at the list of hospitals in 15 Butler County and I'm just wondering if you are aware of 16 times that people have voted -- gone to help people vote 17 at some other hospitals. Do you know if people from your 18 office have helped people vote or gone to bring absentee 19 ballots to people at Butler County Medical Center? 20 A No. 21 Q Also have members of your office gone to bring 22 absentee ballots to people at Children's Hospital Medical 23 Center, the Liberty campus? 24 A No. 25 Q And then have people from your office brought

47 Case: 1:12-cv SJD Doc #: Filed: 06/05/14 Page: 47 of 148 PAGEID #: ballots to people at University Point Surgical Hospital? 2 A As far as I know, that's an outpatient surgical 3 center. 4 Q So, it wouldn't? 5 A No. And it's affiliated with West Chester 6 Hospital. 7 Q I'd like to take a break from documents, which 8 hopefully is a welcome break, and talk a little bit about 9 the other group of voters that were interested, which is 10 voters in jail. Could you tell me the general procedure 11 for people in jail, voting people in jail? 12 A So, about 30 days before the election our early 13 voting manager will contact -- We have two jails in 14 Butler County -- will contact the person we normally work 15 with at the jail in Hamilton as well as reach out to the 16 warden in Middletown at the Middletown Jail and suggest a 17 possible day for our team to go out and vote in the jails 18 and send them the application that they can use for the 19 voters, people who are in jail to fill out if they'd like 20 to vote. And our contact at the jail would generally 21 respond fairly quickly. They will return applications to 22 us as they receive them and inform us what day works best 23 with their schedule for a team to go out and vote. And 24 then the applications will be processed and our team will 25 be scheduled and we'll go and vote in the jails.

48 Case: 1:12-cv SJD Doc #: Filed: 06/05/14 Page: 48 of 148 PAGEID #: Q Generally when do you go to the jails? Is 2 there a time frame that you're looking for to go vote 3 people in the jails? 4 A Usually it's after we're finished in our 5 nursing homes, so I would say typically it's roughly two 6 weeks before the election day, somewhere in that last 7 two-week period. We also make sure that our coordinators 8 at the jail know if any voters come in after we've been 9 in there to vote and they wish to vote, they can return 10 application to us up to noon on the Saturday before 11 election day and we can come back if needed. But that's 12 rare that that would happen. 13 Q Okay. And do you generally have a lot of 14 people in the jail voting? 15 A Not usually, no. It's higher in a presidential 16 election year as in all other voting is higher in a 17 presidential election year. 18 Q So, do you know for the 2010 general election, 19 a non-presidential election year, do you know how many 20 people voted from jails that year? 21 A I believe it was zero, but I don't remember. I 22 can't confirm that 100 percent. 23 Q So, who actually goes to the jail to bring 24 people their ballots? 25 A Our special assistants, Brent Dixon and

49 Case: 1:12-cv SJD Doc #: Filed: 06/05/14 Page: 49 of 148 PAGEID #: Wayne Hicks. 2 Q Do they also go to the nursing homes? 3 A They go to the nursing homes. We also send out 4 our full-time staff to the nursing homes, as well. 5 Q Back to the documents. So, I just handed you 6 what has been marked as Plaintiffs' Exhibit 6, titled 7 "Absent Voter Details Abbreviated". Could you tell me 8 what this document is? First of all, do you recognize 9 this document? 10 A Yes. 11 Q And can you tell me what this document is? 12 A It's a report generated in our voter 13 registration database of voters who were voted in the 14 November presidential election in jails. 15 Q Okay. And I'll also note that this is marked 16 with a Bates number BUT-BOE Okay. And so this is 17 the list of people who were jailed and voted, you said? 18 A Uh-huh. 19 Q And does this have the same headings as that 20 hospitalized voting list A Yes. 22 Q -- report? Okay. They mean the same things 23 here as they did there? 24 A Yes. 25 Q And so with that return method office, what

50 Case: 1:12-cv SJD Doc #: Filed: 06/05/14 Page: 50 of 148 PAGEID #: does that mean for jailed voters? 2 A They were voted by a team from our office and 3 that was returned by the team. 4 Q So, did you get any mail-in ballots from people 5 in jail? 6 A To my knowledge, no. 7 Q Do you get those sometimes some years? 8 A To my knowledge, no. 9 Q They go directly out to the jail. I think that 10 is all I had. And so the number issued is the total 11 number of people who voted from jail in 2012; is that 12 correct? 13 A No. 14 Q Could you explain? 15 A I'm referring back to the packet that I got 16 today. There were additional voters who voted 17 provisional ballots who are not on this list because they 18 either don't reside in our county or their ballots were 19 not valid or they were categorized as provisional ballots 20 differently and not in this report. 21 Q So, then, this report reflects people who were 22 in jail that someone from the Board -- a team from the 23 Board of Elections went to vote and were able to vote 24 nonprovisionally and had valid ballots? 25 A Correct. The reason for the distinction,

51 Case: 1:12-cv SJD Doc #: Filed: 06/05/14 Page: 51 of 148 PAGEID #: because in our system if a provisional ballot is cast, it 2 would not show up on an absent voter report because it's 3 a provisional ballot, not an absentee voter's ballot at 4 that point. 5 Q And would that be true with the hospitalized 6 voters, as well? 7 A That would be. I'm not aware of any 8 provisional ballots cast in the hospital. Actually I am 9 aware. I think that contaminated ballot I mentioned 10 earlier was a provisional ballot. It may have been. I 11 think ultimately it was not valid and we never had to 12 open it. We were worried about how we were going to open 13 it. 14 Q That's an interesting problem to have. Have 15 you ever had to deal with or do you know if your office 16 has had to deal with contaminated ballots like that in 17 the past? 18 A No. 19 Q It was a unique situation? 20 A That was the first. I don't think we were the 21 only county, either. I remember it coming up somewhere 22 else, too. 23 Q Is there some kind of epidemic that swept Ohio? 24 A I don't know. 25 Q Let's talk a little more about absentee voters

52 Case: 1:12-cv SJD Doc #: Filed: 06/05/14 Page: 52 of 148 PAGEID #: in jails and each -- This document, you can look and see 2 if this is the same as the one that you brought with you, 3 but I'll put it as a separate exhibit because it has our 4 Bates number. So, that would be Plaintiff's Exhibit 7. 5 So, I've handed you Plaintiff's Exhibit 7. First of all, 6 do you recognize it? 7 A Yes. 8 Q Can you tell me what that is? 9 A It's a list of all the voters who were voted in 10 the jails in the November election including 11 provisionals. 12 Q And with the exception of the Bates number at 13 the bottom BUT-BOE004327, is it the same as the one that 14 you brought? 15 A Yes. 16 Q So, let's just go through some of the people 17 other than the four that we've already seen who voted 18 absentee. On 11/2/12 is that the date that was scheduled 19 for your office to go vote people in the jail? 20 A Yes. 21 Q Okay. And so then the team that went on the 22 2nd, was that William and Brent? 23 A Yes. 24 Q And these are seven people that they voted that 25 day; correct?

53 Case: 1:12-cv SJD Doc #: Filed: 06/05/14 Page: 53 of 148 PAGEID #: A Yes. 2 Q So, could you tell me about the ones where 3 "Voted Provisional" is listed next to their address? 4 A Yes. When we received the application for 5 those voters the address that they listed as their 6 current residential address did not match their voter 7 registration records or they were not registered in our 8 system from those addresses. So, when we prepared their 9 ballot we prepared a provisional ballot, a provisional 10 ballot envelope, that they had to also complete when 11 Wayne and Brent went to vote them. And they cast a 12 provisional ballot, which then was processed after 13 election day. 14 MS. NDULUE: Are you all right as far as breaks 15 and things? I have maybe 20 minutes or less of 16 questions and I'm not sure MS. BUTCHER-LYDEN: We have some, too. I don't 18 know how long it's going to take you. You said minutes maybe? We can maybe break then and come 20 back after lunch. 21 BY MS. NDULUE: 22 Q Okay. So, I handed you what we've marked as 23 Plaintiff's Exhibit 8, or did I? 24 A No, but I know what you're going to hand me. 25 Q I have now handed you what's been marked as

54 Case: 1:12-cv SJD Doc #: Filed: 06/05/14 Page: 54 of 148 PAGEID #: Plaintiff's Exhibit 8. Could you tell me what this is? 2 A They are copies of provisional ballot envelopes 3 cast by -- two of them are cast by voters voted in the 4 jails on November 2nd and one was cast by a voter in the 5 jail on November 6th. 6 Q And I'll just note that they start with Bates 7 number BUT-BOE and go to, although it's kind of 8 upside down, BUT-BOE You said that these are the 9 provisional ballot envelopes that were filled out by the 10 three A Two voted on November 2nd, one on November 6th. 12 Q Is one just missing? 13 A I don't know. I don't know why you don't have 14 a copy of that one. 15 Q That's fine. And so of these three people I 16 guess the first one is Semaki G. Corfias and he was not 17 allowed to vote; is that correct? 18 A She was voted on election day in the jail 19 registered from an out-of-county address, so it was 20 invalid. 21 Q Could you tell me how that happened, that that 22 second visit came about on election day? 23 A I can. We received the application on 24 November 5th and, as I recall, we received a late notice 25 maybe the week before the election from our attorney,

55 Case: 1:12-cv SJD Doc #: Filed: 06/05/14 Page: 55 of 148 PAGEID #: Roger Gates, with the Prosecutor's Office of a judge's 2 ruling in this case. I believe the ruling was against a 3 temporary restraining order, I'm not really sure. I 4 don't know all the legal jargon. But as I understood the 5 ruling, the judge said the status quo of the law was in 6 place and the deadline for jail voters was noon on 7 Saturday. The language in the that we received 8 from the attorney was a little fuzzy and I forwarded his 9 to our early voting manager informing her to 10 proceed as usual with our jailed voters. She 11 misunderstood. She thought that the ruling had gone the 12 other way and that we were to vote in the jails after 13 with applications received after November 3rd. So, when 14 she received an application on the 5th she processed it 15 and had Brent and Wayne go on their way from -- to or 16 from a hospital of this person. 17 Q Were those arrangements made through the jail? 18 A Yes. 19 Q And do you know how she received that 20 application on the 5th? 21 A I believe it was faxed over. 22 Q Was it faxed by the jail? 23 A Yes. And we had informed the jail to continue 24 to send us applications that they received from other 25 inmates.

56 Case: 1:12-cv SJD Doc #: Filed: 06/05/14 Page: 56 of 148 PAGEID #: Q Is this the only application that you received 2 after they went to vote the inmates on the 2nd of 3 November? 4 A Yes. 5 Q And so then we have the second page of our 6 Exhibit 8 is Miranda Lashay Foley and she was actually 7 able to vote; is that correct? 8 A Yes. 9 Q And what was the out-of-county notation on 10 Exhibit 7 next to her in the column next to "Voted 11 Provisional" for her? 12 A The out-of-county refers to she was registered 13 previously in another county, so she wasn't registered in 14 Butler County. We confirmed with the county where she 15 had been registered that she had not voted in the 16 election and so her ballot cast in Butler County was 17 valid. We confirmed first that she was a registered 18 voter in that county and, second, that she hadn't voted 19 in that county, and that made her ballot here valid. 20 Q The last one, the name is kind of cut off, but 21 would you agree it's Shannon M. Kline? 22 A Uh-huh. 23 Q And what happened with her provisional ballot? 24 A She was registered in Butler County, but from a 25 different address than she had listed. We confirmed that

57 Case: 1:12-cv SJD Doc #: Filed: 06/05/14 Page: 57 of 148 PAGEID #: her registration was current and that she hadn't voted in 2 the election and her provisional ballot was valid. 3 Q And then there was one more person who was not 4 registered and therefore their vote was not counted; 5 correct? 6 A That's correct, not registered anywhere in the 7 State of Ohio. 8 Q And is that kind of the distinction? 9 A Yes. 10 Q If you're not registered anywhere A In Ohio. 12 Q -- in Ohio you're not going to be able to vote? 13 A Correct. Well, distinction. Your provisional 14 ballot will not be valid if you're not registered to vote 15 because they did vote, they cast a provisional ballot, 16 but it was deemed invalid because they weren't registered 17 to vote. 18 Q Great. Thank you for that clarification. 19 A Uh-huh. 20 Q This note at the bottom, "Left voic for 21 warden at Middletown City Jail 10/25/12," did anyone ever 22 hear from the warden or from anyone who wanted to vote 23 from the city jail? 24 A We did hear back from the warden and, no, he 25 did not have any inmates who wished to vote.

58 Case: 1:12-cv SJD Doc #: Filed: 06/05/14 Page: 58 of 148 PAGEID #: Q I'm handing you what has been marked as 2 Exhibit 9. So, Exhibit 9 that I've handed you titled 3 "Application for Early Voters Ballot", and starting with 4 Bates No. BUT-BOE000008, could you tell me -- first of 5 all, do you recognize the pages? 6 A Yes. 7 Q And can you tell me what these are? 8 A These are the applications we received from 9 voters in the Hamilton Jail. 10 Q Okay. And when you say "the Hamilton Jail", is 11 that the 705 Hanover Street address? 12 A Correct. 13 Q I'd like to go through the application a little 14 bit with you. Also, just to note that the exhibit ends 15 at Bates No. BUT-BOE000014; is that correct? 16 A Yeah. 17 Q So, like the hospital voters application, the 18 person has to give their home address; is that correct? 19 A Correct. 20 Q And birth date? 21 A Uh-huh. 22 Q And then they have to give some type of 23 identifying information, driver's license, Social 24 Security number, copy of a photo identification? 25 A Yes.

59 Case: 1:12-cv SJD Doc #: Filed: 06/05/14 Page: 59 of 148 PAGEID #: Q Is that also on the hospital voters 2 application? 3 A Yes. 4 Q Then also the date of the election and type of 5 the election, also similar to the hospital voters 6 application? 7 A Yes. In this case we had pre-filled that out 8 for these voters. 9 Q Okay. And then for this they also have their 10 signature, the date signed; correct? 11 A Yes. 12 Q And where the ballot needs to be returned to; 13 is that correct? 14 A Correct, delivered to, uh-huh. 15 Q And I guess one difference for this application 16 is that there's no option for a family member to return 17 the ballot for the person; is that correct? 18 A Yes. 19 Q So, that's a distinction from the hospitalized 20 voters provision? 21 A I believe there's a provision in State law, 22 though, that permits a family member from returning an 23 absent member's ballot. So, as far as I'm concerned, 24 these would fall into -- So, there's nothing that 25 specific. To answer that question, yes.

60 Case: 1:12-cv SJD Doc #: Filed: 06/05/14 Page: 60 of 148 PAGEID #: Q So, as you were saying that most of the voters 2 were able to vote on November 2nd, 2012, so with the 3 exception of Semaki Corfias are all of these applications 4 dated prior to November 2nd, 2012? 5 A Yes. 6 Q And then, as you said before, Semaki Corfias's 7 application, which is BUT-BOE00009, that is dated 8 November 5th; is that correct? 9 A Yes. 10 Q And did you say that you received those by fax? 11 A I believe so, yes. 12 Q Okay, I think that's all the questions I have 13 about those. I have a general question about your 14 absentee voter list. This could be marked 10, 15 Plaintiff's Exhibit 10. I just wanted to talk to you a 16 little bit about the categories that were listed here. 17 So, first of all, I've handed you what's marked at the 18 top "Absent Voter Details Abbreviated", Bates 19 No. BUT-BOE003143, do you recognize this? 20 A Yes. 21 Q Okay. And if you'll note, this is Page 1 of 22 1,168, which I didn't print out the other pages because I 23 just had a general question about your categories. Could 24 you tell me about the categories that are listed in this 25 "Category/Org" that are listed under that heading? The

61 Case: 1:12-cv SJD Doc #: Filed: 06/05/14 Page: 61 of 148 PAGEID #: "NF", "IOA", I think those are the two, what does that 2 signify? 3 A "NF" is no fault absentee voters, a vote by 4 mail ballot cast. "IOA" refers to in-office absentee, so 5 an in-person voter. 6 Q Then the next column, which is I guess similar 7 to the other printouts that we've seen, do you know what 8 this is? 9 A It's a report generated in our voter 10 registration system of the absentee voters. It appears 11 to be all absentee voters who voted in the November 12 presidential election under the absentee category. 13 Q How can you tell that, by the way? 14 A Because I could see the different categories of 15 voters listed. 16 Q So, the headings here are similar to the other 17 reports that we've seen to hospitalized and jails? Are 18 they the same? 19 A They are, yes. 20 Q And so in that second column that doesn't 21 really have a heading, could you tell me the different 22 meanings behind the columns' contents? 23 A "SOS" refers to the applications that were 24 mailed to voters through the Secretary of State's 25 state-wide mailing. So, that refers to the type of

62 Case: 1:12-cv SJD Doc #: Filed: 06/05/14 Page: 62 of 148 PAGEID #: application that we received back. "VIN" refers to a 2 voter who voted in the office on our voting unit, 3 electronic voting units. "NPH" refers to, in both cases, 4 nursing home voters. "MAIL" refers to no fault, an 5 absentee application that was received to us by mail but 6 does not fall under the SOS category, it was not the 7 Secretary of State's application that was mailed in that 8 mailing. 9 Q Okay, I think that's all the questions that I 10 have. I think we'll take a lunch break, but before we do 11 that is there anything that we've talked about so far 12 that you'd like to clarify? 13 A I think I said earlier that that second column 14 refers to the return method. I think it actually refers 15 to the return -- how we would receive the application 16 rather than how we received the voted ballot. So, how 17 the application was returned to us rather than the ballot 18 returned. 19 Q So, then, the "OFF" in, for example, the jailed 20 voter category, what would "OFF" mean in this category 21 about how the absentee ballot request was returned? 22 A Just that I think we use that as a broad 23 category to characterize. In the case of a hospital or a 24 jail, an application that was received to us in the 25 office, whether by fax or some other method. And "HAND"

63 Case: 1:12-cv SJD Doc #: Filed: 06/05/14 Page: 63 of 148 PAGEID #: would be hand-returned application from, say, a voter's 2 family member. You may find on the absent voter details 3 report for all of our absent voters that the "IOA" 4 category occasionally will say either "VIN" in that 5 second column or "OFF". If it says "OFF", that refers to 6 a voter who did not vote on the voting unit, but voted on 7 a paper ballot. 8 Q And still handed it to you in the office? 9 A They still voted in the office, but didn't vote 10 on the voting units. 11 Q Okay. Thank you. 12 A We use that for balancing. 13 Q Could you explain that, balancing? 14 A Balancing the number of votes cast each day on 15 the voting units compared to the number of paper ballots 16 we received. 17 Q So, that helps you verify A That every vote is accounted for. 19 MS. NDULUE: Thank you. I guess we'll take a 20 break for lunch and then there will be some more 21 questions and I might have some follow-up. 22 (Deposition stood in recess.)

64 Case: 1:12-cv SJD Doc #: Filed: 06/05/14 Page: 64 of 148 PAGEID #: DIRECT EXAMINATION 2 BY MS. BUTCHER-LYDEN: 3 Q Ms. Bucaro, I know we met earlier, but my name 4 is Erin Butcher-Lyden, Assistant Attorney General 5 representing Jon Husted, the Defendant in this case, and 6 I'm going to proceed with asking some questions that kind 7 of fill in some gaps for us based off the ones that you 8 already answered. If at any time you need a break or 9 anything, please let me know; I'd be happy to stop. 10 Just going back really quickly to your background, 11 you were asked how you prepared for today's deposition. 12 Did you meet with your attorney at all? 13 A I did speak with our attorney. 14 Q And that's Roger? 15 A Gates, yes. 16 Q How many times did you meet with him? 17 A Actually I never met with him in person. We 18 spoke over the phone once about this testimony. 19 Q And then I just had a question about your 20 career background for my interest. So, how did you 21 decide to join the Board of Elections? 22 A An opening came up and I knew the two 23 Democratic board members and I applied and interviewed 24 and got the job. 25 Q I'm going to ask you some questions about your

65 Case: 1:12-cv SJD Doc #: Filed: 06/05/14 Page: 65 of 148 PAGEID #: job duties generally as a now Deputy Director of the 2 Board of Elections. Were there -- let's talk first about 3 when you were Director. You said they're pretty much 4 interchangeable? 5 A Yes. 6 Q Were there any job duty differences between 7 when you were Director and now Deputy Director? 8 A The only difference is now I have to sign fewer 9 documents. 10 MS. NDULUE: Which is a good change. 11 THE WITNESS: Yes. 12 BY MS. BUTCHER-LYDEN: 13 Q Why don't you go ahead and -- you've described 14 that you, along with Mr. Kinkaid, are over the 15 managers/team leaders, possibly also team leaders; they 16 kind of have the same job description? 17 A Right, yeah. 18 Q Just speak a little bit more about what your 19 job duties are in general. 20 A Overseeing every function in the office. So, 21 if that means meeting with Diane Noonan, who's now our 22 election services manager -- on the chart last November 23 that role was filled by Nancy Piper and she's since 24 retired -- and discussing our poll worker training or 25 recruitment efforts or training the trainer or delivery

66 Case: 1:12-cv SJD Doc #: Filed: 06/05/14 Page: 66 of 148 PAGEID #: of our voting equipment operations or meeting with 2 Mickey Smith, our other election services manager, and 3 discussing how preparations are going with our ballot, 4 how ballot proofing -- I'm just thinking through what the 5 last few weeks have been like for me. So, basically 6 helping to manage and oversee all election preparation 7 and election administration. In addition, I work closely 8 with our finance department in preparing and managing our 9 budget every year and monitoring our expenditures and 10 preparing and reporting both to our Board on our budget 11 as well as our County Commissioners on our budget. 12 Q I had a follow-up question regarding decision 13 making. In general how is decision making made within 14 the Board of Elections? Just talk a little bit about 15 that. 16 A In general the Director and I will make 17 day-to-day decisions about how to administer an election. 18 And then any policy that has to be decided on that's 19 either not set in stone by the Secretary of State would 20 be established by the Board, and generally when that 21 occurs it's the Director and I preparing drafting the 22 policy for approval for the Board, you know, from the 23 Board. 24 Q What happens on -- I'm just trying to get a 25 good picture of this on, say, election day if an issue

67 Case: 1:12-cv SJD Doc #: Filed: 06/05/14 Page: 67 of 148 PAGEID #: comes up that you aren't -- somebody has a question, is 2 that a decision making call that you or Lynn Kinkaid 3 would make or is that something that would go to the 4 Board? 5 A Depends on what the question is. In some cases 6 it might be the manager of the department affected making 7 the decision on the spot. Again, it depends. If it's a 8 bigger decision that needs to be made, it might get 9 elevated to Lynn or I. And if it's an even bigger 10 decision or problem that comes up, then it would be 11 reported both to the Board and the Secretary of State. 12 Q Do you have an example of a big decision that 13 would go above the managers that you would have to make 14 or one that you had to make in the past? 15 A Sure. How to handle when we discover -- for 16 example, we implemented our electronic poll books in 17 March of The system was upgraded, the software on 18 the system was upgraded in the summer and we had an 19 August special, and early in the morning during the 20 August special we discovered that the conversion had 21 somehow left out every inactive voter out of our 22 electronic poll books and when they came to vote it 23 didn't show them in the poll books. So, that was a 24 decision that got elevated and was reported both to our 25 Board and to the Secretary of State while Lynn and I made

68 Case: 1:12-cv SJD Doc #: Filed: 06/05/14 Page: 68 of 148 PAGEID #: a decision about how to handle that on the spot, but it 2 was something that we informed the other parties about. 3 Q So, you made the decision and then made sure 4 other people of the Board and Secretary of State knew? 5 A Uh-huh. 6 Q What would be an example of an even bigger 7 decision where you had to hold off and go to the Board 8 for approval? 9 A Any time we have a ballot -- a questionable 10 ballot, whether it be a ballot where it's been -- the 11 voter's intent isn't clear or there is some question 12 about the voter's eligibility, for example with a 13 provisional, that would always be a Board decision. 14 Q And, again, you and Mr. Kinkaid will often 15 advise them on those issues, too? 16 A Yes. 17 Q And then I just had some structural questions 18 about the Board of Elections. I just want to make sure, 19 going off of what Ngozi had asked you, just to make sure 20 I had it correctly. So, there are currently four board 21 members on the Board of Elections? 22 A Yes. 23 Q And then you and Mr. Kinkaid serve as Director 24 and Deputy Director. Then do you have a chair of the 25 Board of Elections?

69 Case: 1:12-cv SJD Doc #: Filed: 06/05/14 Page: 69 of 148 PAGEID #: A The chairman is one of the four board members. 2 Q One of the four board members? 3 A Uh-huh. 4 Q Okay. I know that the chart seems to be fairly 5 up to date, but I just want to clarify, how many 6 permanent employees do you have at the Board of 7 Elections? 8 A Including the Director and myself, Q And you're considered permanent employees? 10 A Yes. 11 Q And A That does not include the Board members. 13 Q Okay. Would that then be 13 Democrats and Republicans? 15 A Roughly. 16 Q What do you mean by "roughly"? 17 A Sometimes we have open positions that go 18 unfilled. For example, on the chart from last November 19 there was a position that was not filled at the November 20 election. We had an employee leave shortly before the 21 election and so that position was unfilled. 22 Q What about the two I guess you call them 23 full-time employees? 24 A Yes. 25 Q Are those considered part of the 26 permanent

70 Case: 1:12-cv SJD Doc #: Filed: 06/05/14 Page: 70 of 148 PAGEID #: employees? 2 A Yes, I believe so. 3 Q And that would be, just to make sure I have 4 this correct, Wayne Hicks and then Brent Dixon under 5 "election coordinators"? 6 A Yes. And, yes, it does include them; I just 7 counted. 8 Q And are all of these employees year-round 9 employees? 10 A Yes. 11 Q You mentioned the hiring process I know 12 earlier. So, with permanent employees can you go through 13 the hiring process again for that briefly? 14 A Sure. If a position becomes open, usually we 15 fill it with an employee who is of the same political 16 party as the person who vacated the position. So, in 17 those cases usually it's the Director or Deputy Director 18 of that party consulting with the Board members of that 19 party who will conduct the interviewing and screening of 20 the incoming employee. We do always consult one another 21 and often we both will sit in on interviews with clerks 22 and potential new staff. And we'll advertise and make 23 known to people who we've worked with in the past about 24 open positions. And it's ultimately the Board's decision 25 who to hire.

71 Case: 1:12-cv SJD Doc #: Filed: 06/05/14 Page: 71 of 148 PAGEID #: Q And how do you decide how many permanent 2 employees to have? Is that a set number or does that 3 change with time? 4 A It's established by the Commissioners. If we 5 feel that we need more additional full-time employees we 6 would have to go to the Commissioners to have that 7 authorized. 8 Q And forgive my ignorance, who are the 9 Commissioners? 10 A The County Commissioners. 11 Q Which leads to the next question, something you 12 brought up. How is the Board financed? Is it just 13 through the County Commissioners, County funding? 14 A Yes. 15 Q Is there any additional funding? 16 A There's grant money that we receive, federal 17 grant money for poll worker training. That's pretty much 18 it. Occasionally we'll get other monies from some new 19 source, for example, yeah. 20 Q Is your finance pretty stable or does it 21 fluctuate? 22 A Oh, it fluctuates depending on the number of 23 elections we have in a year, it fluctuates. 24 Q Can you describe your finances going into the presidential election? Were they, I guess, more or

72 Case: 1:12-cv SJD Doc #: Filed: 06/05/14 Page: 72 of 148 PAGEID #: less than usual? 2 A They were higher than our finances in 2011, but 3 they were significantly lower than our finances in I inform our Commissioners and the finance director with 5 the County when we meet for budget discussions that in 6 order to compare apples to apples with our budget you 7 have to look at the type of election year. So, for 8 example, for 2012 all of our comparisons were to because that was the other presidential year. What 10 turned out is roughly the same. So, our finances in were significantly lower than what we ultimately spent in Q So, do the Commissioners select the number of 14 full-time employees or do they give you certain finances 15 that makes it -- that determines how many full-time 16 employees you can have? 17 A No, they determine the number of employees. 18 Q And I see that the chart that came with 19 Plaintiff's Exhibit 5 that you provided today, it looks 20 like the employees have a wide range of duties. Can you 21 talk a little bit about those duties and how they may 22 change during a presidential election? 23 A Uh-huh. We have -- I, in my head, divide the 24 office into pre-election day and election day 25 departments. So, in my view the poll worker department,

73 Case: 1:12-cv SJD Doc #: Filed: 06/05/14 Page: 73 of 148 PAGEID #: the warehouse and our polling places, those are 2 election-day functions. Early voting, voter 3 registration, candidate and ballot services, those are 4 pre-election-day functions. So, we have election 5 services managers overseeing both of those sort of 6 chunks, if you will. Our poll worker department is 7 responsible for all recruitment and training of our poll 8 workers. Polling place coordinator is responsible for 9 site selection, negotiating contracts with the facilities 10 we use as polling places and allocating all equipment to 11 those poll places, layouts, diagrams, everything. 12 Warehouse is responsible for maintenance of all of our 13 election equipment and overseeing our logic and accuracy 14 testing, along with our IT technician. And then early 15 voting obviously is responsible for all absentee and 16 in-person voting. Candidate and ballot services is 17 responsible for all candidate position services, campaign 18 finance, ballot preparation and ballot approving. And 19 then registration is responsible for all the registration 20 processes. And then we have a finance department. 21 Q I'd like to talk a little bit more about the 22 election coordinator's position. Are they full-time 23 employees? 24 A They're classified as full-time employees, but 25 they do not work full time.

74 Case: 1:12-cv SJD Doc #: Filed: 06/05/14 Page: 74 of 148 PAGEID #: Q Do you have any idea what that means? 2 A It means they're always on call for us. If we 3 need them we can call them and schedule them to work. 4 Q So, are they eligible for things like benefits 5 through your office? 6 A Yes. 7 Q How many hours a week does each, on average, 8 permanent employee work, let's say not directly before an 9 election versus, say, the 2012 election, right around the election? 11 A We have a 35-hour work week in our office. 12 Q And is that kept at 35? How does that work 13 during election, I'm thinking just the few days leading 14 up to the election day and right after? 15 A Oh, it's much more than that, yeah. There's no 16 cap, no. 17 Q How many hours a day do you think the average 18 employee works, let's say the day of the election, this 19 last one? 20 A Full-time staff are expected to report by 5:15 21 in the morning and stay until tabulation is complete or 22 they're dismissed by their manager. Tabulation was 23 complete in November of 2012 around midnight. Most staff 24 were dismissed at or shortly before midnight. A few 25 stayed on longer because we had to report to the

75 Case: 1:12-cv SJD Doc #: Filed: 06/05/14 Page: 75 of 148 PAGEID #: Secretary of State, as well. 2 Q What about the day before the 2012 election? 3 A Staff are expected to report at 8:00 a.m. and 4 work until the work is done. I think most staff were 5 done before 9:00 p.m. that evening. Some of us were 6 there until a little after 10:00. 7 Q I'm going to take you back so I cover some of 8 the weekend before. The Sunday before the election, that 9 would be the 4th of November, what were your hours like 10 that day? 11 A We opened for early voting at 8:00 a.m. No, we 12 opened for early voting in the afternoon that Sunday. I 13 think most staff reported probably around 10:00 or 11:00 14 that day and worked probably until -- you're jogging my 15 memory. Probably not that late. I'd say eight o'clock 16 would have been the latest that anybody was there that 17 Sunday. And it would have mostly been processing ballot 18 return, scanning ballots, opening, balancing all of our 19 return empty ballots that day. 20 Q What about the Saturday before, the 3rd? 21 A That day we did open for early voting at 8:00, 22 so there would have been some staff there as early as 23 7:30. Most staff wouldn't have reported until 8:00. And 24 then we were there again probably 6:00 or 7:00 that 25 evening.

76 Case: 1:12-cv SJD Doc #: Filed: 06/05/14 Page: 76 of 148 PAGEID #: Q Then one final one, the Friday right before 2 that, the 2nd? 3 A Uh-huh. Again opened at 8:00 a.m. for early 4 voting. Probably 8:00 that evening, 8:00 or 9:00. Those 5 were long days. 6 Q So, you have 26 permanent staff -- I'm sorry, 7 full-time staff during the 2012 election. Do you know, 8 is this typical among other Boards of Elections in the 9 State of Ohio? 10 A Depends on the size of the county and the 11 number of registered voters. We're roughly the same size 12 as other counties similarly sized population-wise. 13 Q I don't know if you can answer this or not. 14 I'm just trying to get a good picture. Do you know what 15 other counties you might be compared to size-wise? 16 A Stark and Lucas. 17 Q Do you have an idea what the fewest number of 18 permanent employees in other Board of Elections might 19 have? 20 A Two. 21 Q Do you know which counties those are? 22 A No. The smaller ones. I know that there are 23 counties that have as few as two. 24 Q Do you know how many for the largest county? 25 A However many are in Cuyahoga County. I think

77 Case: 1:12-cv SJD Doc #: Filed: 06/05/14 Page: 77 of 148 PAGEID #: it's over 100, but I don't know. 2 Q Okay. I have a few questions about the 3 additional employees, the temporary employees that you 4 hired during the 2012 election. I had asked this already 5 with the permanent, but how -- and I know you answered 6 this a little before -- who ultimately decides to hire 7 the temporary employees? Is that more you and 8 Mr. Kinkaid than through the Board? 9 A Yes, we decide who, yes. The Board does not 10 make those appointments. The how many is determined by 11 each department manager through discussions. 12 Q How do your finances affect that? 13 A A lot. 14 Q Do you know how many temporary employees you 15 had for the 2012 election? 16 A We had I think 18 total. 17 Q Do you know how that compares to the presidential election? 19 A It's less than half. I think we had over 40 in Q Do you have any idea yet -- and this might be 22 too early for you to answer -- how many you plan to hire 23 for the A 2014? 25 Q general election?

78 Case: 1:12-cv SJD Doc #: Filed: 06/05/14 Page: 78 of 148 PAGEID #: A Half the number we had last year, eight. 2 Q And do you know how many you plan to hire for 3 the 2016? 4 A Same as we had last year. 5 Q Eighteen again? 6 A Uh-huh, unless we have a lot of newly 7 registered voters. 8 Q What different positions do your temporary or 9 part-time employees have? 10 A They function as clerks. So, they do data 11 entry. They help process our mail-outs, so stuffing 12 envelopes, preparing envelopes for mailing out, helping 13 to open ballots when they get returned. Helping to 14 process the returned ballots, meaning entering the return 15 date, checking the ID envelopes, verifying the ID 16 envelopes with the registration system, processing voter 17 registration before that deadline. We did have a 18 temporary employee assigned to the warehouse. We have 19 one full-time warehouse employee who -- and when we're in 20 lockdown we have to have bipartisan representation in the 21 warehouse -- we hire a temporary employee in, part for 22 that purpose, and then also to help carry out what has to 23 be done in the warehouse. So, that person works with the 24 warehouse coordinator. And then we also had a temporary 25 employee in the poll workers working with department and

79 Case: 1:12-cv SJD Doc #: Filed: 06/05/14 Page: 79 of 148 PAGEID #: placement of poll workers. 2 Q Real quickly, you talked about lockdown? 3 A It's an internal term. As soon as our ballot 4 is finalized we lock the election in our election 5 database. And once that happens we're considered in a 6 live election and everything has to be kept locked or 7 both parties have to be represented when anyone is either 8 in the election server room or in the ballot room. 9 Q And you had also mentioned before that some of 10 the temporary employees went out with some full-time 11 employees to vote some of the hospitalized voters? 12 A Uh-huh, yes. 13 Q Do you always send those with a permanent 14 employee? 15 A Yes. 16 Q Why is that? 17 A Because they are newer to our processes. 18 Q And what does that mean? 19 A It means they may be less familiar with the 20 laws and the administrative rules and procedures to 21 follow, and we just want to make sure that everything is 22 done properly and correctly, and if they have questions 23 there would be a full-time employee with them. 24 Q Okay. And how many hours a week or how many 25 hours a day, I'm sorry, did the temporary employees work

80 Case: 1:12-cv SJD Doc #: Filed: 06/05/14 Page: 80 of 148 PAGEID #: on election day? 2 A They worked -- they reported at 8:30 that 3 morning. And they worked pretty much as late as most of 4 the other full-time employees. I'd say 11-ish that 5 evening. 6 Q I'll walk you backwards like I did with the 7 last one. So, what about the day before the election? 8 A Same hours as our full-time employees for the 9 most part. Some of our temporary employees we would 10 start later in the morning after mail is received because 11 in some cases there wasn't a lot of data entry work for 12 them to do until we received the mail. 13 Q And then the Sunday before the election? 14 A Same thing. 15 Q Same as full-time? 16 A Uh-huh. 17 Q The Saturday before? 18 A Same as full-time kept. Maybe some came in 19 again later when the mail was received. 20 Q And what about the Friday before the election? 21 A Same situation. 22 Q There's just a little bit more flexibility when 23 some of them would come in? 24 A Yes. We generally tried to start them a little 25 later so that they would be there for the mail. Some of

81 Case: 1:12-cv SJD Doc #: Filed: 06/05/14 Page: 81 of 148 PAGEID #: our temporary employees were working in the early voting 2 room helping to process those voters, so those would have 3 reported with full-time staff when we opened for early 4 voting. 5 Q Are all of your temporary employees paid? 6 A Yes. 7 Q Do you have volunteers? 8 A No. 9 Q Another document that I believe you brought in 10 was the Exhibit 5, your plan, your internal plan for your 11 election. I'm looking at the one titled "Butler County 12 Board of Elections". How far in advance do you begin 13 creating this? 14 A Five months. 15 Q And you mentioned you expect your finances for 16 the 2014 election to be fairly similar as with the as what you've been seeing -- Let me rephrase that; 18 that's a bad question. For the 2016 presidential 19 election right now do you anticipate the funding being 20 pretty much the same? 21 A As 2012? Yes. 22 Q Starting on -- I'm going to go the other way 23 this time. Starting on the Friday before the election 24 can you just describe a little bit what the day was like 25 in the office?

82 Case: 1:12-cv SJD Doc #: Filed: 06/05/14 Page: 82 of 148 PAGEID #: A Those three or four days all blend together, so 2 it's very difficult for me to distinguish Friday from any 3 of the other days leading up. Maybe if I look at this. 4 Q Sure. Just, for the record, by "this" she 5 means the Butler County Board of Elections -- 6 A Yes, thank you. That's the day our movers 7 picked up our voting equipment and our warehouse gets 8 emptied out for the most part. So, that was one of our 9 busiest in person early voting days. We were open until 10 6:00 p.m. that evening. We also were training our 11 technical rovers, who are the technicians who set up our 12 voting units, electronic voting units, at our polling 13 places and then troubleshoot our electronic voting units 14 and in our polling places on election day. So, there was 15 training going on that evening. Phonecalls picked up 16 that day. And there were long lines for in-person early 17 voting. That's what I remember about that day. Not to 18 mention all the ballots we were processing. 19 Q Do you know about how many phonecalls you 20 received on the Friday before election? 21 A No, but we do have those records. 22 Q Would you be able to provide those to us? 23 A Yes. 24 Q Clarification again for my own ignorance, I'm 25 sorry. Are the technical rovers different from the

83 Case: 1:12-cv SJD Doc #: Filed: 06/05/14 Page: 83 of 148 PAGEID #: electronic -- the election coordinators? 2 A Yes. 3 Q And they also -- what are their duties? 4 A They work on the Monday before the election. 5 They report to an assigned polling location. They may 6 have one or two polling locations. And their duties are 7 to set up all the electronic voting units at that 8 location. They're provided with a diagram. And they 9 also set up any necessary ADA equipment, parking posts, 10 signs needed to ensure that the polling location is 11 accessible. And then on election day they report to 12 their polling locations by 5:30 and are there to help 13 assist the poll workers with any technical problems with 14 any of the electronic equipment. 15 Q And then bringing you back to something you 16 said earlier about the election coordinators, we're 17 talking about Brent Dixon and A Yes. 19 Q -- those two election coordinators receive the 20 calls from the technical rovers? I know you mentioned 21 that the election coordinators deal with some of the 22 technical issues. 23 A Uh-huh. They help staff the boiler room. So, 24 yes, they would help answer the incoming calls. The 25 boiler room is staffed with a number of employees, so

84 Case: 1:12-cv SJD Doc #: Filed: 06/05/14 Page: 84 of 148 PAGEID #: they are two of many. Having them in the building is 2 helpful because they can serve as runners; so, if we need 3 to run equipment or materials out to a polling location, 4 often that would fall on them to do. 5 Q And what's the boiler room? 6 A That's our internal name for the room where our 7 IT staff and our polling location coordinator sit in our 8 building. It's their office. And on election day there 9 are a number of phones set up in there and some have 10 laptops and we field -- that's where all calls from 11 technical rovers are fielded from and any incoming call 12 with any type of problem, whether it's something that our 13 poll workers are calling about, voters are calling about, 14 technical rovers are calling about, a report is generated 15 and sent to that room and it's handled from there, 16 fielded to the right office. 17 Q So, you didn't choose the name because it's a 18 relaxing environment, I'm guessing. 19 A No. 20 Q All right. I'm going to move on to the 21 Saturday before the election, same kind of question in 22 terms of if you can describe what your day was like, if 23 you recall, on the Saturday before the election. 24 A Saturday we had huge lines all day long for our 25 in-person early voting. I was outside helping with

85 Case: 1:12-cv SJD Doc #: Filed: 06/05/14 Page: 85 of 148 PAGEID #: in-person early voting for just about the entire day. 2 Towards the end of the day when that was pretty much 3 under control we were also processing returned ballots 4 and we were -- it was beyond the period where we were 5 also opening and scanning, so there was absentee ballot 6 opening as soon as the crowds were gone; all full-time 7 staff were redirected to opening absentee ballots and 8 preparing them for scanning. And then there were teams 9 scanning, as well, that day. 10 Q So, when you have huge lines -- you mentioned 11 that you were out dealing with it -- does that mean that 12 other staff are also shifted from maybe what they are 13 usually doing to helping A No. I was out helping with the lines because 15 there was no other staff to help with that. 16 Q And then a question, do you know how many 17 phonecalls that you got that day? 18 A No, but, again, we would have that record. 19 Q Can you also -- all right, shifting to the 20 Sunday before the election day, same question, can you 21 describe what the day was like? 22 A The weather on Saturday was crummy, so the 23 lines were all in our building, but Sunday it was 24 different, it was a beautiful day, so the lines went 25 outside of the building. I remember that. The line

86 Case: 1:12-cv SJD Doc #: Filed: 06/05/14 Page: 86 of 148 PAGEID #: started forming at noon. The clocks had shifted that 2 night. I think early voting opened at 1:00, but people 3 forgot to set their clocks, so they arrived an hour 4 early, so we had a very long line that started forming 5 right at noon. We didn't open for early voting until 6 1:00. Again we had lines all day. We had issues with 7 parking both Saturday and Sunday, so I remember 8 communicating with the Sheriff's Department for traffic 9 control. And, again, we were still opening and scanning 10 our absentee ballots that day, as well. 11 Q Did you have to help with the lines that day, 12 also? 13 A Because the lines were able to go outside of 14 the building it was a little less chaotic, but, yeah, I 15 was still out there a lot. We were worried about traffic 16 and parking issues, as well. 17 Q And if you could provide records for your phone 18 on that day, too, that would be great. Now, the day 19 before the election, the Monday before the election, can 20 you describe that day? 21 A We had lines again that day. We closed for 22 early voting at 2:00. There was again a lot of ballots 23 returned that day. We had -- Mondays were always big 24 mail days, so we had a lot of ballots in the mail that 25 day that were processed. And then opening was still

87 Case: 1:12-cv SJD Doc #: Filed: 06/05/14 Page: 87 of 148 PAGEID #: going on and scanning. When we closed for early voting 2 at 2:00 we then, after the last voter left, we had the 3 process of converting our voter registration database 4 into our electronic poll book database to load into our 5 electronic poll books. So, that process took roughly 90 6 minutes for the conversion. It was probably after 5:00 7 by the time that was done. And then we had to start 8 burning memory cards for our electronic poll books, which 9 took another two hours I would say. We also were 10 printing our official voter registration lists that are 11 posted at 6:30 a.m. in every polling location for every 12 precinct and those had to be collated and prepared by 13 polling location for each location. We were in constant 14 touch with our technical rovers about how setup was going 15 on out in the field. And our poll workers had a meeting 16 at 6:30 at every polling location, so the poll worker 17 department was busy managing that process and fielding 18 calls and questions from them about their supplies and 19 things. We had to call every technical rover and ask 20 them to come back to receive all the memory cards from 21 the electronic poll books as well as the official polling 22 lists. The last rover didn't return to the Board office 23 until after 10:00, which is why some of us were there as 24 late as we were. 25 Q And, again, you can produce the phone records

88 Case: 1:12-cv SJD Doc #: Filed: 06/05/14 Page: 88 of 148 PAGEID #: for that? 2 A Uh-huh. 3 Q I'll ask, also, that for election day. 4 A Yes. 5 Q And then finally I was going to see if you 6 could describe for me election 2012 for the presidential 7 election. 8 A So, we all reported by 5:15 in the morning. 9 Calls started coming in from our location. Our poll 10 workers and technical rovers are asked to report by 5:30 11 to their locations, so we started getting some calls. We 12 were anticipating a huge volume of calls in the March 13 primary, which was the first election we used the 14 electronic poll books. They had a lot of issues with 15 some of the peripheral devices, the sitting pads and the 16 printers that are attached to the poll books. So, we 17 were anticipating a lot of calls with those problems 18 again. Fortunately they didn't come. So, I think the 19 phone started ringing a little bit around 5:45, but they 20 were generally quiet compared to any other election I've 21 ever sat through. The day remained largely like that, 22 surprisingly, in the boiler room. We did, of course, 23 have calls and were able to handle them, but for the most 24 part our equipment performed well and our technical 25 rovers were able to respond without necessarily having to

89 Case: 1:12-cv SJD Doc #: Filed: 06/05/14 Page: 89 of 148 PAGEID #: call us. So, we were all very pleased to be occasionally 2 bored in the boiler room on election day. 3 We did pick up a huge number of hospital voters, as 4 I indicated before, which prompted us to send out 5 additional teams, and the first team went out around 6 1:00. That was our two election coordinators, Brent and 7 Wayne. They went out to the first hospital around one 8 o'clock. Although I was not aware of it at the time, but 9 I believe that's also when they voted that voter who sent 10 in an application in the jail. They returned, and by the 11 time they returned we had a huge number of applications 12 for hospital voters, so our early voting manager was 13 preparing to send out three teams. And she had consulted 14 me and our election services manager about the need for 15 an additional team over what she had planned. And so 16 those folks went out in the afternoon. 17 The phones were steady all day from voters about 18 where do they vote, am I registered, things like that. 19 After the mail was received we had a huge number of 20 absentee ballots returned that had to be processed and 21 then opened and scanned because the Secretary of State 22 had requested all of our absentee ballots be reported at 23 7:30 p.m. that evening. So, we were scrambling from 24 about probably noon, 11:00 a.m. or noon, to get all of 25 our absentee ballots entered into our system and then

90 Case: 1:12-cv SJD Doc #: Filed: 06/05/14 Page: 90 of 148 PAGEID #: opened and readied for scanning that day. That was a 2 very time-consuming process. So, I spent most of the 3 afternoon working on that since the boiler room was 4 quiet. 5 The Board was scheduled to meet, I believe, at 7:30 6 or 7:00 to observe the pre-tabulation test, so our Board 7 arrived probably around 6:30 for that pre-tabulation 8 test. In the meantime we were still scrambling to get 9 our absentee ballots done. We had the three teams still 10 out in the field until after the polls closed. And we 11 were down a full-time staff person because we had lost 12 someone shortly before. So, we felt quite understaffed 13 in that time period when we were trying to get our 14 absentee ballots reported by 7:30, so I did contact the 15 Secretary of State's office to let them know we weren't 16 going to be ready by 7:30, at least to report all of our 17 absentee ballots at that time. And they, of course, said 18 that's fine. 19 And once the polls were closed warehouse receiving 20 began probably -- we get a steady flow of ballots 21 returned to our office beginning around 8:00 p.m. and 22 then all functions pretty much convert to the warehouse 23 and processing everything coming back in, tabulation and 24 scanning, opening and scanning. 25 Q Real quick about the additional teams, did you

91 Case: 1:12-cv SJD Doc #: Filed: 06/05/14 Page: 91 of 148 PAGEID #: make the final decision to add additional teams to go out 2 to the hospitals or is that something that you and 3 Mr. Kinkaid would make, or would you run that through the 4 Board? 5 A It was brought to us more as a, "We need to 6 send out another team. You don't have a problem with 7 that, do you?" "No, of course not, yes." So, that's 8 pretty much how it was handled. And, you know, I think 9 there may have even been a question of who's the right 10 person to send, you know. 11 Q I'm going to switch gears now -- are you doing 12 okay? 13 A Yeah. 14 Q Switch gears and talk about the hospital voters 15 for a little bit. You said that this year -- or I think 16 the documents also reflect that there were 44 hospital 17 voters. Is that all individuals who voted for -- it's in 18 the five you brought today, but let me doublecheck that. 19 A It was the one Q Oh, it's Plaintiff's Exhibit 3 and it says, I 21 think, on the back of it that there were 44, and I think 22 that was supplied via subpoena. 23 A The only thing I'm not sure of is, if there 24 were provisional ballots cast in the hospitals, they 25 would not be included in that number. I had 47 written

92 Case: 1:12-cv SJD Doc #: Filed: 06/05/14 Page: 92 of 148 PAGEID #: down. I attributed the three extra that I had accounted 2 for as the three who we received applications for but 3 ultimately didn't vote because they had been discharged. 4 However, I would need to verify with our early voting 5 manager that there were no other provisional ballots cast 6 that would be in addition to the 44 because I did have 47 7 in my records. 8 Q Can you verify that and get back to us? 9 A Yes. 10 Q Thank you. Are those -- well, we'll just call 11 them the hospital voters for now -- were those all 12 individuals who -- I guess, can you describe for me, are 13 those all voters who applied for an application from the 14 hospital either on election day or the day before 15 election day? 16 A I believe they all applied on election day. 17 Q On election day? 18 A Yes. 19 Q So, is the number in 2012, it sounds like from 20 what you're saying, was this an unusual amount of 21 hospital voters? 22 A It was higher than a normal election. Off the 23 top of my head I don't know how it compared to Q Can you get for us how many there were for ?

93 Case: 1:12-cv SJD Doc #: Filed: 06/05/14 Page: 93 of 148 PAGEID #: A I think it has been in the subpoena records. I 2 just don't recall that number. I imagine it was somewhat 3 comparable. I don't think it was extraordinarily high 4 compared to Q Do you know if in 2008 you had one team in 6 anticipation for the number of hospital voters ahead of 7 time? 8 A I was not on the Board in 2008, so I can't 9 speak to what they thought or expected or planned for at 10 that time. I think that traditionally it's always our 11 election coordinators who are assigned that task and then 12 additional staff would be added if needed. 13 Q Do you know if one team handled the election? 15 A I would imagine no, but I don't know. 16 Q Once you receive -- I guess why don't you walk 17 us through the process of what it is like to get a 18 hospital application. You mentioned earlier you get a 19 phonecall. Can you talk about the various ways that 20 you're notified and the process that follows that? 21 A Sure. It's fairly simple. We get a phonecall 22 from a voter or I mentioned occasionally it might come 23 from a hospital personnel calling on behalf have a voter 24 or a family member coming into the office and they'll 25 indicate they're in the hospital, can they vote. And we

94 Case: 1:12-cv SJD Doc #: Filed: 06/05/14 Page: 94 of 148 PAGEID #: will inform them yes and inform them that we'll send over 2 an application. If we can it, we'll it to 3 a family member or to the hospital or the voter if they 4 have a computer in their room I suppose. Or we'll fax it 5 to the hospital, more often, and then the voter can fill 6 it out and the hospital can fax it back to us. At which 7 point we'll enter it as we would any other application 8 for an absentee ballot into our system and prepare the 9 ballot and the materials for the voter. 10 Q Do you know how many hospitals there are in 11 Butler County? 12 A I believe technically there's eight, but 13 there's only five that we voted at in November. Well, 14 actually technically there's seven because the Atrium 15 Hospital is actually in Warren County. 16 Q Do you know how far away the farthest hospital 17 from you that you A The Atrium would be the furthest. 19 Q Approximately how far is that? 20 A Probably about a 25-minute trip each way. 21 Q I think you mentioned earlier that you send out 22 mainly your election coordinators earlier and then they 23 come back, at some point there additional, and then go 24 back out again? 25 A Yes.

95 Case: 1:12-cv SJD Doc #: Filed: 06/05/14 Page: 95 of 148 PAGEID #: Q Is it possible they go out to several 2 hospitals, come back, and then have to go out to those 3 same hospitals again? 4 A Yes. 5 Q So, they could go out to Atrium, come back, and 6 then have to go out to Atrium again? 7 A Yeah, although I would say unless we had a lot 8 of requests from Atrium -- I mean, we would try to 9 schedule them at the closest hospitals first if we felt 10 that there was a chance that would happen, and then send 11 them to the furthest hospitals second, so that they would 12 only have to make one trip. 13 Q But it's possible they would have to make A Yes. 15 Q -- more than one trip? Is it possible they'd 16 have to make more than two trips? 17 A No, no. 18 Q Is that just because of how they come in? I'm 19 just trying to understand the process. 20 A Well, because the deadline is three o'clock, so 21 we wouldn't send them out twice before the three o'clock 22 deadline. I don't think, first of all, there would be 23 enough time for them to go out twice. And, secondly, 24 there would just be no point to send them out twice and 25 then expect them to come back a third time.

96 Case: 1:12-cv SJD Doc #: Filed: 06/05/14 Page: 96 of 148 PAGEID #: Q Do you know how long it usually takes -- I know 2 the two individuals will go to the hospital, provide a 3 ballot and then wait for the ballot to be filled out and 4 then bring it back? 5 A Uh-huh. 6 Q Do you know approximately how long that usually 7 takes? 8 A I have not done it myself, but it is a 9 time-consuming process in some cases. In other cases the 10 voters aren't that sick and it doesn't take them that 11 long. So, it kind of depends on the voter, but it is the entire process is somewhat time consuming. You know, 13 if we voted 47 people at five hospitals with three teams 14 of two starting around one o'clock and the third team 15 went out around 4:00 or 5:00 that evening and they didn't 16 return until ten o'clock, that gives you an idea of how 17 many hours it took us to process that many voters at that 18 many hospitals. And we voted 34 ourselves, so that was voted by our staff in a number of hours. 20 Q Do you know how long it took to vote the 21 contagious individual? 22 A That one took the longest. 23 Q Do you have an estimate of A I'm guessing at least a half an hour. 25 Q So, it usually takes --

97 Case: 1:12-cv SJD Doc #: Filed: 06/05/14 Page: 97 of 148 PAGEID #: A Probably ten minutes for the average. It's 2 hard for me to say having not done it, but knowing just 3 getting around a hospital and dealing with the hospital 4 personnel and it's, I would say, probably a fair average. 5 Q Do you know what kind of process the two 6 individuals who go into a hospital have to go through? 7 Are they usually allowed to just walk right to the person 8 to vote? 9 A I'm sure they have to stop at a desk and at 10 least say what they're doing there, perhaps ask for maybe 11 hospital personnel assistance in locating rooms. 12 Q Going back to the question I think that came up 13 earlier, I know you get phonecalls from hospitals you 14 mentioned and they need to sometimes be updated on what 15 the voting rights of these individuals are. Who do you 16 have to staff those phonecalls to explain that to the 17 voters? 18 A Those calls would come in anywhere on the 19 floor, but if they had specific questions about 20 procedures like that, they would be fielded, they would 21 be directed to the early voting manager. 22 Q Okay. In the 2012 election it seems like you 23 had three different teams to deal with the number you 24 had. What if you had had ten additional hospital voters 25 or 20 additional where you would need a fourth team --

98 Case: 1:12-cv SJD Doc #: Filed: 06/05/14 Page: 98 of 148 PAGEID #: A Uh-huh. 2 Q -- how would you go about trying to organize 3 that or staff that? 4 A We would have pulled two more staff. 5 Q So, with the three teams that you already had 6 out, how many staff members were left back at the Board 7 of Elections? 8 A Let's see, we had 25 full-time employees, four 9 of whom were out voting. So, that took us down to full time. And then we had 18 temporary employees, two 11 of whom are out voting, so that took us down to 16. So, plus Q I had a question about Plaintiff's Exhibit 14 No. 3 just while we're on the hospital absentee voters. 15 The column that says "Issued" -- it says, "Absentee Voter 16 Details Abbreviated." 17 A Is it the one with the hospital voters? 18 Q Yes. Under "Issued", the first one, for 19 example, says November 7th, 2012, and I think there's a 20 few others through here that say that. Do you know what 21 that date refers to? 22 A It's the date that the application was 23 processed in our system. The only reason -- I notice 24 there's one that says November 5th, a couple that say 25 November 5th, which to me suggests that we did receive

99 Case: 1:12-cv SJD Doc #: Filed: 06/05/14 Page: 99 of 148 PAGEID #: two applications on Monday from hospital voters, but the 2 others suggest to me that there's a data entry error 3 because we didn't vote any voters on November 7th. 4 Q Okay. I just wanted to clarify that. 5 A Yeah. 6 Q I'm going to shift now to the jail voters. 7 A Uh-huh. 8 Q Going off of something mentioned earlier, and I 9 believe this was also in Plaintiff's Exhibit 8, which is 10 Ms. Semaki, and I think it's also mentioned on 11 Plaintiff's Exhibit A Uh-huh. 13 Q Just to clarify so I kind of understand what 14 was going on, so, can you describe for me this voter, 15 kind of what occurred? Where was she, I guess, detained 16 at the time? 17 A She was in the Hamilton Jail. 18 Q Where was her permanent address? 19 A In Gallia County. 20 Q So, when the election coordinators headed out 21 they didn't head out to Gallipolis? 22 A No, hunh-uh, no. She was in the Hamilton Jail. 23 Q You said that they voted her provisionally, but 24 just to clarify, you said that that was ultimately 25 counted or not counted?

100 Case: 1:12-cv SJD Doc #: Filed: 06/05/14 Page: 100 of 148 PAGEID #: A It was not counted, no. I'm not sure how or 2 why this voter was processed, as I mentioned earlier. 3 There was unclear language in an exchange and our 4 early voting manager misunderstood what had happened with 5 the judge's ruling and thought that we were to still 6 accept applications from jailed voters after noon on 7 Saturday. 8 Q So, you mentioned earlier that who was the 9 individual who received this initial request -- I missed 10 that earlier -- from the Board of Elections? 11 A Who in our office received it? Well, I know it 12 was given to our early voting manager Q Okay. 14 A -- JacRisia McKinnon. 15 Q And then did she come to you with that? 16 A No, nor did she go to our election services 17 manager. 18 Q What did she do with it? 19 A She had thought, mistakenly, that she was to 20 process it, and so she did, and she asked our election 21 coordinators, Brent Dixon and Wayne Hicks, to stop at the 22 jail either on their way to a hospital on election day or 23 on their way back from a hospital. I learned about it 24 through the course of the subpoenas in this case. 25 Q You mentioned earlier that you had spoken with

101 Case: 1:12-cv SJD Doc #: Filed: 06/05/14 Page: 101 of 148 PAGEID #: Roger Gates via regarding this judge's ruling? 2 A Uh-huh, yes. He communicated to me an 3 and I forwarded it to JacRisia saying we should proceed 4 as usual, and she mistook that to mean that meant still 5 accepting those applications. And in reading Mr. Gates' 6 it was a little bit -- he was a little bit unclear 7 in his language. 8 Q Can we be provided with a copy of that ? 9 A Yes. 10 Q Sorry, I know I'm giving you a lot of homework 11 to get stuff to us. 12 A I better start taking notes. 13 Q Absent that communication issue would your 14 office then have processed this voter? 15 A No. 16 Q Do you need a piece of paper? 17 A No; I got one. 18 Q Going again to the 2012 general election, can 19 you describe the process for voting the detained electors 20 who had submitted absentee ballots? 21 A You mean jailed electors? 22 Q Uh-huh. 23 A Who had applied for an absentee ballot? 24 Q Uh-huh. 25 A We reach out to our contact at the jail to

102 Case: 1:12-cv SJD Doc #: Filed: 06/05/14 Page: 102 of 148 PAGEID #: schedule a day when our team will go out. He confirmed a 2 day and time that would work, which was Friday, November 3 2nd, at 9:30. And Brent and Wayne is the team and they 4 went out that day with the voters' ballots and 5 provisional envelopes for the three voters we knew would 6 be provisional and processed those voters and brought the 7 ballots back where they were processed as any other of 8 those types of ballots would be processed. We also 9 informed -- we had informed our contact at the jail about 10 the pending judge's ruling. We had made them informed, I 11 believe, that they were a party to this or involved in 12 some way in subpoenas or whatnot with this case, anyway, 13 so they were aware of the case. 14 Q By "this case" you mean the Fair Elections 15 Ohio? 16 A Yes. So, we not only were, I think, maybe in 17 verbal communication or through Mr. Gates -- I can't 18 remember exactly -- but we did inform our contact at the 19 jail that any applications that came in before noon on 20 Saturday or after we had voted the voters on that Friday, 21 that they could still be processed. It may have even 22 been communicated that any application that any jailed 23 elector wanted to submit after we were there, they could 24 send back to us. And that would be true for any voter. 25 I mean, we're not going to turn down an application. Any

103 Case: 1:12-cv SJD Doc #: Filed: 06/05/14 Page: 103 of 148 PAGEID #: voter is free to submit an application. If it's after a 2 deadline we'll just tell the voter, "We're sorry, it's 3 after the deadline," if they're not eligible to still 4 receive that type of ballot. 5 Q Do you know how many jails, prisons or lockups 6 there are in Butler County? 7 A Two, yeah, two. 8 Q What are those? 9 A Hamilton and Middletown. 10 Q And do you only reach out to those two? 11 A Yes. 12 Q So, do you reach out -- you don't reach out to 13 the West Chester Township Police Department? 14 A No. 15 Q You don't reach out to the Fairfield Police 16 Department? I believe they have a holding facility. 17 A No. 18 Q Or the Fairfield Township Police Department? 19 A No. 20 Q The Oxford Police Department? 21 A No. 22 Q The Trenton Police Department? 23 A No. 24 Q So, and the one in Hamilton, is that the Butler 25 County Correctional?

104 Case: 1:12-cv SJD Doc #: Filed: 06/05/14 Page: 104 of 148 PAGEID #: A Yes. 2 Q I believe at the time they also had a Court 3 Street location that's been closed. Is that the same 4 contact there? 5 A I don't know. 6 Q More, I guess, about the process of going into 7 the jail. So, you talked to the contact there ahead of 8 time so he knows you're coming in? 9 A Uh-huh. 10 Q What do the people you send over have to go 11 through to vote the jailed voters? What's the process 12 once they're there? 13 A I'm not entirely familiar about what specific 14 process they follow, but I know that the electors are, 15 you know, confined at that point, so I imagine they have 16 to go through the process of getting back as any other 17 visitor would. 18 Q Do you know how long of a process it is? I 19 guess let me back up. Do you know how many voters they 20 vote at once this last election when they went? 21 A They did seven. I don't know how long they 22 were gone, but it's not like when they went into the 23 hospitals where they were gone for hours. 24 Q Do you know how far the Butler County 25 Correctional complex is?

105 Case: 1:12-cv SJD Doc #: Filed: 06/05/14 Page: 105 of 148 PAGEID #: A It's probably ten minutes. 2 Q Do you know how long the Middletown -- 3 A Twenty. 4 MS. BUTCHER-LYDEN: I'd like to take a quick 5 break if that's okay. 6 (Deposition stood in recess.) 7 BY MS. BUTCHER-LYDEN: 8 Q I'm going to take you back to the August 9 special election that you mentioned earlier. You 10 mentioned there was an electronic poll book that you 11 used. Can you talk about that a little bit more? 12 A Okay. 13 Q Was it the first election? 14 A Hunh-uh, it was the second election we used the 15 electronic poll books in. 16 Q What was the first one? 17 A The March primary. 18 Q Can you describe how that went in the March 19 primary? 20 A The first one, it was a learning experience for 21 everyone. The day of the election, the morning of, we 22 had problems with signature pads not working on the 23 electronic poll books. The connection, it's a USB 24 connection through a hub port into the tablet, and those 25 are not the most reliable types of connections, so the

106 Case: 1:12-cv SJD Doc #: Filed: 06/05/14 Page: 106 of 148 PAGEID #: equipment didn't always talk to the signature pad, which 2 meant that it was -- the poll workers didn't know how to 3 process the voters if they couldn't sign the signature 4 pad. So, for about the first 90 minutes of voting that 5 morning we had nonstop phonecalls from our polling 6 locations, not every location, but a number of locations 7 where poll workers or technical rovers are calling us 8 asking what do they do, the signature pads not working. 9 And we learned that when the poll workers had powered up 10 the equipment that morning, if the connection wasn't 11 found by the machine, then it would ask the poll worker a 12 question, "Do you want to disable the signature pad?" 13 And the poll workers, not reading the question, would 14 answer, "Yes." So, that meant once they had it plugged 15 in properly it still wouldn't work because the only way 16 to undisable it was to have an administrator's code, 17 which we didn't provide them because we didn't anticipate 18 this problem. So, we learned a lot from that. It was 19 also an election where the poll books were configured by 20 our vendor, which they did for us free of charge for our 21 first election, so of course we took advantage of that; 22 and as a result we weren't able to really customize the 23 poll books to our needs and sort of identify some of 24 those potential problems. So, after that, we configured 25 the poll books ourselves and were able to disable that

107 Case: 1:12-cv SJD Doc #: Filed: 06/05/14 Page: 107 of 148 PAGEID #: questioning from ever appearing. We also now have 2 instructions for our poll workers to be able to 3 troubleshoot that problem and identify whether or not 4 their signature pads are enabled on the machines and we 5 provide them with a code to do that. So, we've sort of 6 been able to counter that problem in the future. Plus, 7 we now direct them to plug the pads directly into the 8 tablet rather than into the hub to avoid the USB 9 connectivity issues. 10 Q What impact did that have on the March primary 11 election? 12 A It didn't have any impact on -- voters 13 experienced very little turmoil. In some locations there 14 was more turmoil than in others if every signature pad 15 didn't work at that location, but I'm not aware off the 16 top of my head of any location where the problem was that 17 severe. And it certainly didn't last long because we 18 were able to identify -- once we were able to identify 19 what the problem was, we were able to talk to the poll 20 workers how to solve it through the phone, which might 21 have taken five minutes to resolve. 22 Q What was it like back in the boiler room? 23 A It was crazy. As soon as you put the phone 24 down it rang and, you know, it was a five-minute 25 conversation walking them how to fix all of those.

108 Case: 1:12-cv SJD Doc #: Filed: 06/05/14 Page: 108 of 148 PAGEID #: Q How many phones do you have in the boiler room? 2 A Eight to ten. 3 Q Would that be true of the 2012 presidential 4 election? 5 A Yes. 6 Q If you had experienced the same problem during 7 the 2012 presidential election what kind of issues do you 8 think that would have caused for you? 9 A It just would have been magnified because there 10 would have been more voters waiting to vote while these 11 problems were being addressed. So, the first 90 minutes 12 to two hours of voting during the primary were very 13 difficult. After that, the day got much easier. But if 14 it had happened during the presidential it would have 15 been -- it would have felt much worse and more voters 16 would have been impacted. 17 Q Do you recall how many of your staff were 18 occupied with fixing this problem back in the March 19 primary? 20 A Probably half a dozen; our warehouse 21 coordinator, our IT manager, our polling location 22 manager, me and Nancy Piper, who at that time I believe 23 was still job titled administrative assistant or 24 executive assistant. 25 Q Is it fair to say that more staff than that

109 Case: 1:12-cv SJD Doc #: Filed: 06/05/14 Page: 109 of 148 PAGEID #: would be involved if this happened during a presidential 2 election? 3 A During the November? Yes. We had more staff 4 in the boiler room in part because of what we learned 5 from March. 6 Q I'm going to jump back a little bit to earlier 7 when we talked about the County Commissioners. When they 8 consider the funding for the Board of Elections do they 9 consider the number of hospitals or jailed -- number of 10 hospital facilities and the potential number of hospital 11 voters that you're going to have to supply staff to to 12 vote? 13 A No. That consideration would come from us in 14 making the request for a budget figure from the 15 Commissioners. 16 Q And what was your budget for 2012, the general 17 election? 18 A What did we spend or what were we appropriated? 19 Q How about first what you were appropriated? 20 A Just under 3.6 million. 21 Q And how much did you spend? 22 A 3.4 million. 23 Q And did you ask for 3.6 million? 24 A We originally asked for 3.8 million. We were 25 originally appropriated 2.5 million. We went back in May

110 Case: 1:12-cv SJD Doc #: Filed: 06/05/14 Page: 110 of 148 PAGEID #: to ask for another just under a million, which was then 2 appropriated. 3 Q What's the process for going back and asking 4 the Commission for -- 5 A It's rare. They set it up that way in We had just acquired electronic poll books in the fall of They knew that those were going to save us money. 8 We had also just acquired ballot unmanned printers and 9 high-speed ballot scanners, again which we make the 10 appropriation request in September before we have an 11 election that November. So, we had new equipment aside 12 from the electronic poll books that we used for the first 13 time in the November 2011 election. They knew that we 14 were going to save money with this new equipment, but we 15 didn't know how much, so they decided in December of to fund us at our 2011 levels for 2012, knowing that we 17 were going to be coming back to them for additional 18 funding once we knew how much money we were going to save 19 through some of these new technologies. 20 Q And when you originally go to the Commissioners 21 for funding, what kind of issues do you bring to their 22 attention when seeking that funding? 23 A We generally highlight where we're saving and 24 what we're doing to be more efficient. It's been a major 25 concern over the last several years at the county level;

111 Case: 1:12-cv SJD Doc #: Filed: 06/05/14 Page: 111 of 148 PAGEID #: they're asking everyone to find ways to save money. So, 2 that's generally what we try to highlight. We break down 3 our election costs for the Commissioners and try to 4 explain it as clearly as we can so they can see that 5 every dollar we spend is accounted for. 6 Q Has there ever been or is there a provision for 7 going back after an election that maybe cost more money 8 and asking for money retroactively? 9 A Yes, we can. If, say, we run an election and 10 we wind up with a recount or the election winds up 11 costing more money, we may have to go back to the 12 Commissioners. That's always something that's in the 13 back of our minds, and I believe it's in the back of the 14 Commissioners' minds, as well. And they, by Statute, 15 generally have to fund us if we come back. So, we don't 16 want to have to do it. 17 Q Are there any guidelines for what they can fund 18 you for? I'm assuming if you go over and they think it's 19 unreasonable is there any sort of process for that? 20 A Yeah. They could challenge the request, in 21 which case we would wind up in litigation. 22 Q Has that ever happened? 23 A Not to my knowledge. 24 Q Real quick just to be clear, going back to my 25 question about the March primary, did you have any

112 Case: 1:12-cv SJD Doc #: Filed: 06/05/14 Page: 112 of 148 PAGEID #: problems with your electronics during the August special 2 election that year? 3 A The problem we had in August was the vendor had 4 upgraded the program or the software that's used to 5 convert our voter registration database into our 6 electronic poll book tablets. And the conversion for 7 some reason -- and I believe it only happened in our 8 county -- did not convert our inactive voters to our 9 electronic poll books. So, all of our inactive voters 10 were left off the tablets on election day. 11 Q So, what did that mean? 12 A That meant if you had not voted in the last 13 even-year election -- two even year'd elections, last two 14 federal elections, then you were considered inactive; or 15 if any piece of mail that we mailed to you was returned 16 as undeliverable for some reason, you'd be flagged 17 inactive. If you went to vote that day at your polling 18 location you weren't in the poll book and automatically 19 sent to the provisional table to vote a provisional 20 ballot. We had a call from a poll worker who had gone to 21 vote or who had tried to vote and that's how we 22 discovered the problem. It was after the polls had 23 opened that day. So, we had to print paper signature 24 poll books and deploy them as quickly as we could for 25 those precincts.

113 Case: 1:12-cv SJD Doc #: Filed: 06/05/14 Page: 113 of 148 PAGEID #: Q And if that had occurred during the 2 presidential election would that have had much of an 3 impact on your staff? 4 A I think we pretty much all agreed that if that 5 had happened in November we would have had CNN outside 6 our office. It would have been a disaster. 7 Q Approximately how many staff were occupied with 8 fixing that issue in August of 2012? 9 A Our entire poll worker department, our polling 10 location manager and our IT manager, six. 11 Q And is it fair to say that would have probably 12 required more staff attention? 13 A Yes, because that was for a small number of 14 precincts. So, if it had been county-wide it would have 15 been much more. 16 Q Do you know how many voters voted in the 17 August 2012 special election? 18 A No, but I'm happy to look it up for you. 19 Q Do you know how many voted in the presidential election? 21 A 171, Q I'm assuming it's fair to say that that's a 23 larger number than came out for the August? 24 A Yeah. And, again, the August was only in three 25 different districts, three jurisdictions.

114 Case: 1:12-cv SJD Doc #: Filed: 06/05/14 Page: 114 of 148 PAGEID #: Q I had also asked -- just a clarification 2 question. I had also asked for the that 3 Roger Gates had sent to you. Can we also get a copy of 4 your forwarding that to JacRisia? 5 A Yes. 6 Q On Plaintiff's Exhibit 8 regarding Semaki, the 7 provisional ballot voter from Gallipolis, do you happen 8 to know what's redacted on that provisional ballot? It's 9 BUT-BOE A I don't think that's a redaction. I think that 11 the provisional envelope was identified as a different 12 precinct than where the voter voted, so I think they 13 crossed off the incorrect precinct number listed on the 14 envelope and wrote the correct precinct number, 15 "HAM1WD5". They didn't write it below, but they did 16 write it above. The precinct number is listed twice on 17 the envelope. It's listed in the upper right-hand corner 18 as well as at the bottom where the precinct election 19 official is asked to complete. So, I can reconfirm that 20 for you, but I'm guessing, looking at this, that that's 21 what that's for. There were 40,779 voters. No, excuse 22 me, that's how many registered voters in the districts. 23 5,739 voters voted in the August. 24 Q So, that's a significantly smaller amount than 25 in the presidential?

115 Case: 1:12-cv SJD Doc #: Filed: 06/05/14 Page: 115 of 148 PAGEID #: A And that was in 51 precincts compared to 299 in 2 November. 3 Q Thank you. I'd like to talk a little bit more 4 about the jailed voters. You mentioned before that prior 5 to the election for the absentee jailed voters, that you 6 would reach out to the jail and schedule ahead of time a 7 time to come in? 8 A Yes. 9 Q But that you don't know how long it would take 10 to get through the jail process for those? 11 A I do not personally, no. 12 Q Is it fair to say that if you hadn't called 13 ahead and scheduled to meet with them, it may take longer 14 for your poll workers to get through? 15 A It would be more difficult for the jail if we 16 didn't call ahead because they probably make arrangements 17 to have those particular inmates ready to vote at the 18 time that they schedule. I don't know what their 19 movements are like, I've never worked in a jail, so I 20 imagine they have meal times, they're moving inmates 21 around and I don't know whatever else they do during the 22 day, but whatever else they do during the day. So, I 23 think they try to schedule us around those times when 24 nobody is being moved around. 25 Q Do you know if your employees have to go

116 Case: 1:12-cv SJD Doc #: Filed: 06/05/14 Page: 116 of 148 PAGEID #: through any sort of security procedures, any specific 2 procedures when they get into the jail? 3 A I imagine they have to go through some sort of 4 metal detector to be in the jail. 5 Q I know that with the hospital voters there were 6 three different occasions where absentee ballot 11-B was 7 requested and then ultimately the individual was 8 discharged before? 9 A Uh-huh. 10 Q Do you know if those individuals had voted 11 absentee first? 12 A No. 13 Q Do you know if your teams had gone out to the 14 hospitals to collect them before finding that out? 15 A I don't know how we found that out, but those 16 ballots would not have been -- you know, we pulled those 17 ballots so that those voters wouldn't have voted through 18 that method; they had to be in the hospital to vote 19 through that method. 20 Q Is it possible that one of your teams would 21 have only found that out after going out to the hospital? 22 A Yes. 23 Q Do you know if your teams ever have a difficult 24 time locating any of the patients in a hospital either 25 because they've been moved around or have gone out for

117 Case: 1:12-cv SJD Doc #: Filed: 06/05/14 Page: 117 of 148 PAGEID #: testing? 2 A Yes; I think it's time consuming for them to 3 locate all the patients. 4 Q If, on top of in the 2012 presidential election 5 with the number of hospital voters that you had out 6 there, you were required to also apply the same process 7 to confined voters, confined in some sort of holding cell 8 or jail, who were not eligible for the other absentee 9 voting, let's say there are eight different lockups or 10 jails within Butler County, if you received a call from 11 four different jails for an elector while your other 12 teams were out, how would you staff that? 13 MS. NDULUE: Objection to the form. 14 BY MS. BUTCHER-LYDEN: 15 Q Go ahead and answer. 16 A We would have to pull staff from the floor if 17 we received an application by whatever designated 18 deadline there was. I mean, this would be the same for 19 hospital voters. If we had enough requests that the 20 teams that were already out didn't have enough time to 21 come back, pick up the ballots and go out to the new 22 location, then we would assign another team to do that. 23 Q What if you had a request from each of the 24 eight polling facilities in Butler County while those 25 other individuals were out?

118 Case: 1:12-cv SJD Doc #: Filed: 06/05/14 Page: 118 of 148 PAGEID #: A Same thing, we would just determine how much 2 time we would need and how many teams we would need 3 depending on how many number of voters. 4 Q So, that would potentially be 16 members in 5 addition to the -- if there were eight different 6 facilities and you need two for each of them, so that 7 would be eight additional teams hypothetically and each 8 of those would you put a permanent staff on? 9 A It would be unlikely that we would send out one 10 team for each jail. It would be more likely that we 11 would geographically determine how many teams we'd need 12 to send, because some of them, Hamilton and Fairfield, 13 are near each other, West Chester, you know, Middletown. 14 So, we might strategically assign teams that way. So, I 15 forgot what the question was. 16 Q Let's say hypothetically, you know, you're 17 pressed for time, it's the end of the day and you have a 18 call from all eight of the facilities and you have to 19 send out people to each facility. 20 A Well, I mean, the deadline right now is 21 3:00 p.m. for hospital voters so Q Let's say A We were in that situation in November where we 24 had a number of requests came in and we had teams out or 25 one team out and it was assessing the number of ballots

119 Case: 1:12-cv SJD Doc #: Filed: 06/05/14 Page: 119 of 148 PAGEID #: we had to vote with the number of people we had planned 2 and the decision was made to send out an additional time. 3 And I think if we had additional locations and additional 4 voters, we would again make the same assessment and 5 determine how many people we would have to send out and 6 it's possible it could be a number of additional teams 7 that we would have to pull. 8 Q So, if you had sent out already three teams and 9 that was six of your employees, a permanent employee for 10 each team, and then you had hypothetically, because they 11 all come in at the end, eight additional teams with people, eight of whom are permanent staff, how many 13 people would you have left to staff back at the Board of 14 Elections? 15 MS. NDULUE: Objection, form. 16 A Twenty-one minus eight would be, if I can do 17 any addition and subtraction, 13. So, we'd have full-time staff remaining in the office, we were down to part time, so we would have eight part time left. 20 That would be insufficient for us. 21 Q To staff your office? 22 A Uh-huh. 23 Q And is it possible that you would have one of 24 the electronic issues that had happened before 25 potentially happen during a presidential election?

120 Case: 1:12-cv SJD Doc #: Filed: 06/05/14 Page: 120 of 148 PAGEID #: A Yes, unfortunately. That's our greatest fear. 2 MS. BUTCHER-LYDEN: I'm going to take a 3 three-minute break. 4 (Deposition stood in recess.) 5 MS. BUTCHER-LYDEN: I have no further 6 questions. 7 RECROSS-EXAMINATION 8 BY MS. NDULUE: 9 Q I have some follow-up which hopefully will be 10 brief. And we'll also hopefully reduce some of the 11 follow-up that you needed to do as far as the hospital 12 applications because I have some of the earlier hospital 13 applications. Let me start with -- so, here's I'm 14 going to hand this to you to be marked as 11. I'm going 15 to hand you what has just been marked Plaintiff's 16 Exhibit 11. And there are two parts to the exhibit, so 17 actually both of them together. So, I'm handing you 18 what's been marked Plaintiff's Exhibit 11, Bates 19 Nos. BUT-BOE and BUT-BOE Do you recognize 20 these? 21 A Yes. 22 Q Could you tell me what they are, the two pages? 23 A The first one is a report from our voter 24 registration database on hospital voters voted in the general election. And the prior form is what

121 Case: 1:12-cv SJD Doc #: Filed: 06/05/14 Page: 121 of 148 PAGEID #: appears to be a staff log form for voting hospital voters 2 in the November 2010 election. 3 Q And what were -- based on the printout from 4 your database, how many hospital voters were voted for 5 the 2010 general election? 6 A Seven. 7 Q That's all I have to say about these exhibits, 8 but I did actually want to go back really quickly to 9 Exhibit 5, which is what you gave us. 10 A Uh-huh. 11 Q If we look at 1C, under "In County Jail, Out of 12 County Inmate" A Uh-huh. 14 Q Well, no, sorry, that's 1B in the bullet 15 points, first one, "Call voter". Next one, "List 16 information on Medical Emergencies Log Sheet". 17 A Uh-huh. 18 Q So, earlier when we talked about this you 19 weren't sure whether this was created in the normal 20 course of your business, the medical emergency log sheet. 21 Based on this procedure do you believe that the medical 22 emergency log sheets are created as a part of your 23 business at the Board of Elections or were created in 24 response to the Subpoena that we gave you? Does that 25 make sense or do you want me to read --

122 Case: 1:12-cv SJD Doc #: Filed: 06/05/14 Page: 122 of 148 PAGEID #: A You're referring to the list, this list? 2 Q Yes. 3 A I believe this list was created in response to 4 the Subpoena. The log I believe is created for the staff 5 going out to vote so that they have all the information 6 they need about the voters including their contact 7 information and their room numbers on one central form 8 rather than having to carry all the applications with 9 that information. 10 Q Maybe this will be clearer with this one, then. 11 So, I guess for Plaintiff's Exhibit MS. BUTCHER-LYDEN: I'm sorry, was that last 13 exhibit Exhibit 2? 14 MS. NDULUE: Yes, we were referring to 15 Exhibit THE WITNESS: Yes. 17 MS. NDULUE: As far as the one that was created 18 in response to Subpoena. 19 MS. BUTCHER-LYDEN: So, not Exhibit 5? 20 MS. WALLINGER: Both. 21 BY MS. NDULUE: 22 Q So, this can be marked Exhibit 11. So, I'm 23 handing you what has been marked Plaintiff's 24 Exhibit , I'm one behind, so 12. Do you 25 recognize these two sheets?

123 Case: 1:12-cv SJD Doc #: Filed: 06/05/14 Page: 123 of 148 PAGEID #: A Yeah. 2 Q And these are Bates numbered BUT-BOE and 3 BUT-BOE004317? 4 A Uh-huh. 5 Q And could you tell me what these sheets are? 6 A The report from our voter registration system 7 on hospital voters voted in the 2008 general election and 8 the hospital log form, medical emergency log sheet 9 generated in our office for voting voters in the 10 hospitals in the November 2008 general election. 11 Q As you said, the log sheet that is labeled , is this one that your office makes in the regular 13 course of business? 14 A Yes. 15 Q And then how many hospital voters were voted in 16 the November 2008 general election? 17 A Twenty-four, according to this. 18 Q And I think you said before that as far as 19 jailed voters in 2010 there were no jailed voters? 20 A That's what I remember. 21 Q If I represented to you that that was your 22 response to our Subpoena, would that be accurate? 23 A Yes. 24 Q Let me say that A Yes, I understand. Yes, my recollection is

124 Case: 1:12-cv SJD Doc #: Filed: 06/05/14 Page: 124 of 148 PAGEID #: there were none, in which case we would have produced 2 none for your Subpoena. 3 Q This would be 13. So, I've handed you what has 4 been marked as Plaintiff's Exhibit 13, Bates 5 No. BUT-BOE and Bates No. BUT-BOE A Uh-huh. 7 Q Do you recognize these? 8 A Yes. 9 Q Okay. Could you tell us what they are? 10 A The first is a report from our voter 11 registration database of absentee voters confined in a 12 jail who voted in the 2008 general election. 13 Q And based on this report, how many absentee 14 voters voted in the 2008? 15 A Twenty-one absentee jailed votes. 16 Q And what's the second sheet? 17 A It's a log of all of the voters who voted in 18 the jails in the 2008 November election including 19 provisionals. 20 Q And where were the provisionals noted here? 21 A The third column will either say "ABS" for 22 absentee or "PROV" for provisional. 23 Q Okay. I just wanted to get those in the 24 record. And I just had a few follow-up questions. First 25 of all, has your office ever received a request for

125 Case: 1:12-cv SJD Doc #: Filed: 06/05/14 Page: 125 of 148 PAGEID #: absentee voting from someone in jail that where you 2 refused to issue a ballot because it was untimely? 3 A From a jail? 4 Q From a person in jail. 5 A I'm not aware of an example like that. 6 Q And if a person was arrested on the Friday 7 evening before an election after 6:00 and remained in 8 custody through the end of election day, would they be 9 able to vote? And, if so, how? 10 A They could return an application to us by noon 11 on Saturday and be issued a ballot and our team could 12 even go over and vote them. 13 Q So, then, that would mean that your team would 14 be going over to vote them during the weekend before the 15 election or election day? 16 A Possibly. 17 Q And then if somebody was arrested after 18 Saturday at noon on the weekend before an election and 19 hadn't yet voted and remained in custody throughout 20 election day, would they be able to vote? 21 A Under current law and directive, we would not 22 be permitted to issue them a ballot. 23 MS. NDULUE: Thank you. That's all the 24 questions that I have. 25 MS. BUTCHER-LYDEN: I don't have any further

126 Case: 1:12-cv SJD Doc #: Filed: 06/05/14 Page: 126 of 148 PAGEID #: questions. 2 (Off-the-record discussion.) 3 THE WITNESS: I'll waive that right. 4 (DEPOSITION CONCLUDED AT 3:59 P.M.)

127 Case: 1:12-cv SJD Doc #: Filed: 06/05/14 Page: 127 of 148 PAGEID #: STATE OF OHIO ) COUNTY OF CLERMONT ) I, Kelly A. Graff, certify that JOCELYN BUCARO personally appeared before me and was duly sworn. WITNESS my hand and official seal this 28th day of October, Kelly A. Graff Notary Public State of Ohio Commission Expires 10/16/2016

128 Case: 1:12-cv SJD Doc #: Filed: 06/05/14 Page: 128 of 148 PAGEID #: STATE OF OHIO ) COUNTY OF CLERMONT ) I, Kelly A. Graff, do hereby certify that I was authorized to and did stenographically report and electronically record the foregoing deposition of JOCELYN BUCARO; that a review of the transcript was not requested; and that the transcript is a true record of the testimony given by the deponent. I further certify that I am not a relative, employee, attorney or counsel of any of the parties, nor am I a relative or employee of any of the parties' attorney or counsel connected with the action, nor am I financially interested in this action. Dated this 28th day of October, Kelly A. Graff Notary Public State of Ohio Commission Expires 10/16/2016

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