I was nominated to the Oklahoma County Election Board as an alternate member in early 2023. May 18th, I was appointed as an alternate to the Oklahoma County Election Board by the Oklahoma State Election Board.
After attending my first meeting in place of member Cheryl Williams, I developed several questions about the way the 3-member County Election Board (one Democrat, one Republican and the Secretary of the OK CO Election Board, Doug Sanderson) conducted business. I wrote these down in a document titled, "Concerns With the Oklahoma County Election Board" and sent it to my House Representative and the Chairman of the Oklahoma County Republican Party who nominated me for the position.
From then on, I began to attend each meeting as a member of the public (alternate members are members of the public at any meeting unless they are sitting in for the member). I also began to ask questions about procedure during meetings.
In October, Cheryl and I met with a group of legislators and recounted to them - verbally and through printed material - our observations and experiences with the Oklahoma County Election Board to that point.
Over the course of several different meetings, I observed that neither Oklahoma Election Law (found in Title 26 of state statutes) nor Oklahoma Administrative Code (Title 230) appeared to be followed by the Oklahoma County Election Board for several instances - especially in the counting of absentee ballots.
As a member of the public, I observed that absentee ballots were opened and handled in a room by Secretary Sanderson (and County Election Board employees) which was only able to be observed by the Democrat and Republican members of the Oklahoma County Election Board via closed circuit television. In addition, the counting of absentee ballots were done in another room also accessible only via CCTV. After the counting, ballots were placed in a box and a tape was brought into the Democrat and Republican members to sign (as per state law) which had the effect of stating that the absentee ballots had been counted and were in the box over which the tape would be placed. Neither the box nor the ballots were brought into the room for Board members to view, just the tape for them to sign.
When questioning County Election Board personnel about these issues, I was told that the Oklahoma State Attorney General's office had given the County dispensation to use the CCTV for absentee ballot processing and any questions I had regarding the procedure should be directed to that office.
I added these observations to the document I created after the first meeting and included the specific instances in which I believed the law was not being followed for absentee ballot handling. Cheryl emailed this information to the Secretary of the State Election Board, Paul Ziriax, December 8 (2023), with all necessary references to state law and code.
During a December 12th meeting for a special election called in Oklahoma County, I was sitting in for Cheryl and declined to sign the tape to cover the box holding the absentee ballots presented for counting that morning stating that I believed state law and administrative code had not been followed during the counting procedure.
Though Oklahoma law has repealed a section that provided for the ability to file a formal complaint with the Oklahoma State Election Board, it was suggested by another election official in another county with whom I had been communicating my concerns, that I send a formal complaint anyway. Consequently, I sent an email to a general "info" address with the title "Formal Complaint", where I reiterated the concerns Cheryl and I had expressed from the beginning.
January 7th, I published the letter I sent to Secretary Ziriax on the website of the non-profit for which I am Education Director. That letter can be found here.
January 10th Secretary Ziriax mailed a response to my concerns saying in part, "In short, there is no evidence that the closed-circuit television is in violation of the law or election procedures."
January 25th, I received a letter from Secretary Ziriax stating that my attendance was required at a special meeting of the State Election Board on January 31st regarding, "various personnel complaints surrounding the Oklahoma County Election Board members and alternate(s)." (Cheryl had received the same letter on the 18th)
January 31st, I attended the meeting, most of which was held in Executive Session over the course of approximately 8 hours. I was brought in to speak to the Board for an hour one time and for about 15 minutes another. I was never offered a chair and as such was forced to remain standing in front of the seated Board both times. I was not allowed an attorney, my phone, or the papers I had prepared when I was made aware of the meeting.
At nearly 6 o'clock pm that evening, the Oklahoma State Election Board reinstituted the public meeting long enough to fire Cheryl and I. The reasons given for my firing were:
1. Failure to faithfully perform her duties prescribed by law
2. Purposefully and/or recklessly disseminating false information about Oklahoma’s election system and procedures
3. Failing to immediately remove said false information from the public domain
4. Lack of respectfulness and professionalism in written communication with county election board staff
5. Failure to bring forward alleged concerns in a timely manner to the Oklahoma County Election Board staff.
6. For behavior unbecoming of an Oklahoma election official.
Before the meeting was adjourned, the Republican member of the Oklahoma State Election Board also directed Secretary Ziriax to:
"...work with legal counsel from the Oklahoma Attorney General's Office to refer the matters related to the removal of these two member(s) to both the Oklahoma County District Attorney's office and the Oklahoma Attorney General for review and possible investigation."
At no point since I began attending Oklahoma County Election Board meetings as either a seated member or member of the public, was I attempting to do anything but try and persuade the Oklahoma County Election Board to follow election law as written and educate elected officials and the public of my observations. I strenuously disagree with the Oklahoma State Election Board's characterizations of my actions and their direction to have me investigated by the two highest law enforcement offices in the state. Therefore, I believe it a necessary action to sue the Oklahoma State Election Board over my termination.
To that end, I have hired attorney Mark Hammons with Hammons, Hurst & Associates in Oklahoma City to take my case. Mr. Hammons has agreed to defer attorney's fees until after the trial, but I am required to pay invoices originating outside the firm as they arise - things like the charge for a court reporter to take depositions, for example, I must pay out of pocket as they are due. If (when) we win the case, the defendant is required to pay attorneys fees for the cost of the lawsuit. If we do not win, however, it is my obligation to pay the full amount of the attorney's fees accumulated during the trial out of my own pocket - and those will reach into the tens of thousands of dollars. This is the reason I opened a GSG, to help defray the costs of attorney's fees in the event the lawsuit is lost.
If you feel led to help me toward this end, I would be very grateful. It is my belief that American (Oklahoma) government is one instituted "of the people, by the people, for the people". When the government forgets this maxim, it is the job of the public to remind it, no matter the cost.
