No action taken on handcounting ballots

Dialogue between Antelope County Commissioners and members of the Antelope County Patriot group became contentious, at times, during the Oct. 11 commissioners’ meeting in Neligh.

Prior to the Patriots’ presentation, county attorney Joe Abler suggested the board enter executive session to review a letter from Nebraska Attorney General Doug Peterson, regarding clarification of terms in the state’s election statutes.

Following executive session, which lasted approximately 15 minutes, audience members questioned if the board should have entered executive session.

Abler said any communication or legal advice requested by the board is protected by attorney-client privilege, since he represents the board.

Commissioner Regina Krebs made a motion to waive attorney-client privilege and release the three letters to the public. The motion carried unanimously.

According to the correspondence, Peterson wrote that his office is authorized “to consult with and advise the county attorneys, when requested by them, in all criminal matters and in matters relating to the public revenue.”

Since Abler’s request included interpretation of portions of the Election Act, Peterson cannot offer an opinion. The AG referred Abler to Nebraska Secretary of State Robert Enven.

According to Enven’s reply, the term “any other election materials” in Neb. Rev. Stat § 32-1032 does include a USB drive or other electronic devices used by an election commissioner or county clrek.

Enven responded that per statute, electronic devices cannot be inspected, except as outlined in the statute. He further wrote that since paper ballots are used in Nebraska, “our voting system is not completely electronic. Thus, the prohibition in Neb. Rev. Stat. §32-1041(2) is not an issue.”

Members of the Patriot group asked why a law enforcement official was present.

Officers are welcome to attend at any time, according to Chairman Charlie Henery.

“We did not ask them to come,” he said.

Sheryl Baker presented information comparing Antelope County’s population to number of registered voters, as compiled by Dr. Doug Frank, a math and science educator from Ohio, who claims he discovered secret algorithms used to rig the 2020 election.

According to Baker, Frank’s numbers show the county has more registered voters than population.

Abler asked what point the group was trying to make.

“It shows there are some anomalies in the county,” said Connie Baker.

County clerk Lisa Payne was asked how her office maintains voter records.

Payne said she cannot remove a voter unless she has an obituary and/or a signed removal. Verification cards are mailed and the clerk noted that those are often ignored by the voter.

“I can’t change anything on any voter registration unless I have a signed application or a postcard ID that lets me know that person has changed,” she said.

Concerns were expressed, again, about mail-in ballots.

Henery said commissioners are unable to consider the proposed resolution.

"Our attorney advises us not to do this and we will not do it. We've got stuff back from the secretary of state clarifying she cannot release her stuff. We have to follow state statute," he said.

Audience members questioned the discrepancy between voter numbers and population, as presented to commissioners.

Payne pointed out the date on the information is from July 2021.

"What data did he grab? Was he using current rolls? Obviously, we're not keeping the information at the same time and doing the data at the same time. I have a feeling there's a lot of misrepresented numbers in the presentation," she said.

"Even the population is variable," Krebs said. " As an example, she discussed college students' permanent addresses, compared to college addresses.

"If we tie voter rolls to mail-in voting, that's why we don't want mail-in voting," Connie Baker said.

Henery said, once more, that commissioners are not the correct government entity to address concerns.

"You need to go to the state and get it changed. We are going to have to follow what the statutes are until they are changed," he said.

According to Connie Baker, Nebraska's secretary of state is "applying non-existent statute when he attempts to force hackable voting systems onto counties that wish to vote on paper and manual count."

An unidentified audience member asked commissioners why they aren't willing to represent the people of the county.

"There's 30 of you in here today. There's 4,786 voters. Do you think the 30 of you represent the 4,700 voters?" Payne asked.

"A big part of them," Baker responded.

Henery said, again, he will not go against statute.

"That's my opinion and that's where it stays. You can sit here and argue with me all day on what I said. That's fine. But I'm not going to change my mind on it," he said.

Jack Hixson told commissioners they have been "hired to represent the people of Antelope County."

"You are supposed to be representing us and I think we're getting stonewalled here. I don't see what any of you people have done to make us be able to solve this problem," he said.

Connie Reinke, with the Nebraska Voter Accuracy Project, urged commissioners to investigate state statute 32-1012.

"There are several statutes like this that tell you how to do hand-counting ballots. Right below, it has how to do the process if you use a scanner. It's telling you how you can do both types." Reinke said.

She continued to quote a passage from the Nebraska Constitution.

"You've been told which statutes to believe for so many years. The power doesn't come from the state," Connie Baker said.

Payne responded, "I have not been threatened by anybody. I follow the legislation. I'm sorry if you guys don't interpret it the way the law is interpreted by the attorney."

"Then give me your numbers," Connie Baker said.

According to Sheryl Baker, state statue, 32-901, calls for hand counting.

"We can still go back to hand coutning in this election in November," Connie Baker said. "Let us put it back to our own citizens to preserve our own elections instead of letting somebody else..."

Krebs questioned what the end game is. She asked if one or two precincts are hand counted and compared to the machine count, "then we have proof as to whether or not the machines are being broken into or hacked or whatever. If it comes back the same, then the machine votes can be verified ... Don't you want to prove the machines are wrong?"

After approximately 20 minutes of back and forth without resolve, Henery said the meeting time alloted the group was over.

In other business, commissioners:

• Adopted the one- and six-year road plan;

• Approved one underground permit, per recommendation from road superintendent Aaron Boggs;

• Tabled discussion on dispatch service with the City of Neligh; and

• Met as a board of equalization, setting levies for county entities.