No decision made on voting procedure changes

Voter integrity was yet again a topic of discussion when Antelope County Commissioners met, Sept. 6, in Neligh.

Chairman Charlie Henry opened the floor to Sheryl Baker, who yielded her time to Mike Seier, who spoke about materials presented by Antelope County Patriots at the previous board meeting.

Commissioner Regina Krebs questioned information that had the official tally with a "true" number, and she was interested where that number came from.

According to Connie Baker, the information came from David Levine, an Elections Integrity Fellow at the Alliance for Securing democracy.

Commissioner Dean Smith asked for clarification if voting information was being changed in Antelope County or somewhere else along the line.

According to Baker, no one is sure where the changes are occurring.

Baker said at the last commissioner's meeting, Antelope County Patriots requested a cast vote record report from county clerk, Lisa Payne.

Payne said she does not possess that report.

According to Baker, Payne responded she could not do this because records were sealed under state statute.

"It doesn't say she can't create and give it to us, it just says she's not required, by statue, to do that, but she could if she was in the mindset to try and show the records so we can all see whether there's any fraud going on in the county or not," Baker said.

Patriots requested a copy of the Antelope County USB drive that contains cast vote record information.

"In the next request, we dumbed it all down and asked for a copy of that USB drive. The reply was, 'The records you requested are under seal by state statute.'"

According to Baker, state statute does not cover the request.

"It should be a public record. There is no personal information on that," Baker said, asking for clarification.

Henery said Payne feels she is following state statute by not releasing the information.

"I don't know how you can ask an elected county official to do that," Henry said. "I think you're at the wrong level here..."

Baker interjected group members feel Payne is doing her job.

According to Baker, per state statute, "The precinct sign-in register, the record of early voters and official summary of votes cast shall be subject to inspection of any person who may wish to examine the same after the primary, general or special election."

Baker asserted Payne gave the summary-results report to the group, after the clerk contacted the Secretary of State's office.

"Just give us a copy of the USB and that will settle this argument," Baker said.

Smith asked, "Where is it sealed at... in this courthouse, not in the secretary of state's office. In the vault?"

Payne responded that the USB drive is in the vault.

Sheryl Baker said she the compared the summary report Payne provided to an end of a football game.

"This is the score. we want to know what's on the USB drive is how the plays were done. So we have part of it, but we want play-by-play," Sheryl Baker said.

Smith asked again if the USB drive was in in the vault or in another safe.

"Do you want the key, I mean, what am I supposed to do?" Payne questioned.

Smith said, "I'm just trying to learn and understand both sides of this, now can you please – because if it's in the vault, what's in the vault is public record."

Payne disagreed.

So did Krebs, who said the ballots are sealed in the vault, per state statute.

Connie Baker said her group submitted a preservation request and, after not receiving a response, came to the office.

"All she would say was 'I won't respond to that question,'" according to Baker. "At one point, she said we had no right to ask."

"I don't believe that was said but–" Payne said.

Henery asked Abler if Payne was doing anything wrong, and his response was no.

Krebs said the definition of the actual report is the issue, noting the report title needs to be defined.

"Now, if you want to clear this up, just go make a copy of the USB drive. There's no personal information on that," Connie Baker said.

Abler said he will contact the state attorney general's office for a definition of the report, noting state statute makes it clear what is available.

Henery addressed Baker, "Connie, you have to realize ... I don't want to do something that's outside the statute. At this level, we don't make laws, we follow the law, and Lisa is following the law."

Audience member Jason Schindler, of O'Neill, asked, "How many people in the room would like to see that record?"

Henry responded, "How many people want to follow the laws of the state of Nebraska?"

References to several state statutes were made regarding electronic voting machines.

Abler said he would have to check on specifics of statutes before advising Payne to do anything differently.

"Until we get a better definition from the AG's office, and/or the secretary of state, who's actually in charge of elections for the state of Nebraska, I'm going to advise to hold off until we have better clarifications," Abler noted.

He told audience members he respected their request.

"But, I'm just advising my county officers to follow statute. I'm not about to advise any of these board members or the clerk to violate statute. They took an oath.

Krebs stated that she is sure this is not what the Patriots would like to hear, but they still need more time to find the actual definitions for these terms before moving forward.