ONE HUNDRED EIGHTH CONGRESS
House of Representatives

COMMITTEE ON THE JUDICIARY
2138 RAYBURN HOUSE OFFICE BUILDING
WASHINGTON, DC 20515-4216

(202) 225-3951
http://www.house.gov/ijudiciary

F. JAMES SENSENBRENNER. JR., Wisconsin
CHAIRMAN

JOHN CONYERS, JR.. Michigan
RANKING MINORITY MEMBER

HENRY J. HYDE, Illinois
HOWARD COSLE, North Carolina
LAMAR S. SMITH, Texas
ELTON GALLEGLY, California
BOB GOOOLATTE, Virginia
STEVE CHABOT, Ohio
WILLIAM J. JENKINS, Tennessee
MAXINE WATERS, California
CHRIS CANNON, Utah
MARTlN T. MEEHAN, Massachusetts
SPENCER BACHUS, Alabama
JOHN N. HOSTETTLER, Indiana
MARK GREEN, Wisconsin
RIG KELLER, Florida
MELISSA A. HART, Pennsylvania
JEFF FLAKE, Arizona
MIKE PENCE, Indiana
J. RANDY FORBES, Virginia
STEVE KING, Iowa
JOHN R. CARTER, Texas
TOM FEENEY, Florida
MARSHA BLACKSURN, Tennessee
HOWARD L. BERMAN, California
RlCK BOUCHER, Virginia
JERROLD NADLER, New York
ROBERT C. “BOBBY” SCOTT, Virginia
MELVIN L. WATT, North Carolina
ZOE LOFGREN, California
SHEILA JACKSON LEE, Texas
WILLIAM 0. DELAHUNT, Massachusetts
ROBERT WEXLER, Florida
TAMMY BALDWIN, Wisconsin
ANTHONY D. WEINER, New York
ADAM B. SCHIFF, California
LINDA T. SANCHEZ, California

December 15, 2004

Mr. Kevin R. Brock
Special Agent in Charge
John Weld Federal Building
550 Main Street, Suite 900
Cincinnati, OH 45202

Attorney Larry E. Beal
Hocking County Prosecutor
Hocking County Courthouse
88 South Market Street
Logan, OH 43138

Dear Mr. Brock and Mr. Beal:

As part of the Democratic staff's investigation into irregularities in the 2004 election and
following up on a lead provided to me by Green Party Presidential Candidate, David Cobb, I
have learned that Sherole Eaton, a Deputy Director of Board of Elections in Hocking County,
Ohio, has first hand knowledge of inappropriate and likely illegal election tampering in the Ohio
presidential election in violation of federal and state law. I have information that similar actions
of this nature may be occurring in other counties in Ohio. I am therefore asking that you
immediately investigate this alleged misconduct and that, among other things, you consider the
immediate impoundment of election machinery to prevent any further tampering.

On December 13, my staff met with Ms. Eaton who explained to them that last Friday,
December 10, Michael Barbian, Jr., a representative of Triad GSI unilaterally sought and
obtained access to the voting machinery and records in Hocking County, Ohio, modified the
computer tabulator, learned which precinct was planned to be the subject of the initial test
recount and made further alterations based on that information, and advised the election officials
how to manipulate the machinery so that the preliminary hand recount matched the machine
count. Ms. Eaton first relayed this information to Green Party representatives, and then
completed, signed and notarized an affidavit describing this course of events, a copy of which is
attached.

Mr. Kevin R. Brock
Attorney Larry E. Beal
Page 2
December 15,2004

The Triad official sought access to the voting machinery based on the apparent pretext
that he wanted to review some “legal questions” the officials might receive as part of the recount
process. At several times during this visit, Mr. Barbian telephoned into Triad’s offices to obtain
programming information relating to the machinery and the precinct in question. I have
subsequently learned that Triad officials have been, or are in the process of intervening in several
other counties in Ohio - Greene and Monroe, and perhaps others (see attached).

There are several important considerations you should be aware of with respect to this
matter. First, this course of conduct would appear to violate several provisions of federal law, in
addition to the constitutional guarantees of equal protection and due process. 42 U.S.C. 1973
provides for criminal penalties against any person who, in any election for federal office,
“knowingly and willfully deprives, defrauds, or attempts to defraud the residents of a State of a
fair and impartially conducted election process, by . . .the procurement, casting, or tabulation of
ballots that are known by the person to be materially false, fictitious, or fraudulent under the
laws of the State in which the election is held.” 42 U.S.C. 1974 also requires the retention and
preservation, for a period of twenty-two months from the date of a federal election, of all voting
records and papers and makes it a felony for any person to “willfUlly steal, destroy, conceal,
mutilate, or alter” any such record. Further, any tampering with ballots and/or election
machinery would violate the constitutional rights of all citizens to vote and have their votes
properly counted, as guaranteed by the Equal Protection and Due Process Clauses of the
Fourteenth Amendment to the U.S. Constitution.

Second, the course of conduct would also appear to violate several provisions of Ohio
law. No less than 4 provisions of the Ohio Revised Code make it a felony to tamper with or
destroy election records or machines.(1) Clearly, modifying election equipment in order to make

-----------------------------------
(1) OHIO REV. CODE ANN. 3599.27 provides “[n]o person shall tamper or attempt to
tamper with, deface impair the use of, destroy or otherwise injure in any manner any voting
machine...No person shall tamper or attempt to tamper with, deface, impair the use of, destroy or
otherwise change or injure in any manner any marking device, automatic tabulating equipment
or any appurtenances or accessories thereof.”

OHIO REV. CODE ANN. 3599.24 provides “[n]o person shall...destroy any property used
in the conduct of elections.”

OHIO REV. CODE ANN. 3599.34 provides “[n]o person, from the time ballots are cast or
voted until the time has expired for using them in a recount or as evidence in a contest of
election, shall unlawfully destroy or attempt to destroy the ballots, or permit such ballots or a
ballot box or pollbook used at an election to be destroyed; or destroy, falsify, mark, or write in a

Mr. Kevin R. Brock
Attorney Larry E. Beal
Page 3
December 15,2004

sure that the hand count matches the machine count would appear to fall within these
proscriptions.

Moreover, bringing in Triad officials into other Ohio Counties would also appear to
violate Ohio Revised Code 3505.32 which provides that during a period of official canvassing,
all interaction with ballots must be “in the presence of all of the members of the board and any
other persons who are entitled to witness the official canvass,” given that last Friday, the Ohio
Secretary of State has issued orders to the effect that election officials are to treat all election
materials as if they were in a period of canvassing,(2) and that “Teams of one Democrat and one
Republican must be present with ballots at all times of processing.“(3)

Third, it is important to recognize that the companies implicated in the wrongdoing,
Triad and its affiliates, are the leading suppliers of voting machines involving the counting of
paper ballots and punch cards in the critical states of Ohio and Florida. Triad is controlled by the

-----------------------------------
name on any such ballot that has been voted.“.

OHIO REV. CODE ANN. 53599.33 provides “[n]o person, from the time ballots are cast or
counted until the time has expired for using them as evidence in a recount or contest of election,
shall willfully and with fraudulent intent make any mark or alteration on any ballot; or inscribe,
write, or cause to be inscribed or written in or upon a registration form or list, pollbook, tally
sheet, or list, lawfully made or kept at an election, or in or upon a book or paper purporting to be
such, or upon an election return, or upon a book or paper containing such return the name of a
person not entitled to vote at such election or not voting thereat, or a fictitious name, or, within
such time, wrongfully change, alter, erase, or tamper with a name, word, or figure contained in
such pollbook, tally sheet, list, book, or paper; or falsify, mark, or write thereon with intent to
defeat, hinder, or prevent a fair expression of the will of the people at such election.“.

(2) Mehul Srivastava, Greene County elections board scrutinized; Office containing ballots
found unlocked overnight, DAYTON DAILY NEWS, Dec. 12, 2004 at B1.

(3) 0hio Secretary of State J. Kenneth Blackwell, Directive 2004-48, Oct. 29, 2004,
“Absentee/Provisional Counting and Ballot Security”.

Mr. Kevin R. Brock
Attorney Larry E. Beal
Page 4
December 15, 2004

Rapp family, and its founder Tod A. Rapp has been a consistent contributor to Republican
causes.(4) A Triad affiliate, Psephos Corporation, supplied the notorious butterfly ballot used in
Palm Beach County, Florida, in the 2000 presidential election.

Please respond to me at your earliest convenience through Perry Apelbaum or Ted Kalo
of my Judiciary Committee staff, 2142 Rayburn House Office Building, Washington, D.C.
205 15 (tel 202-225-6504, fax 202-225-4423).

Enclosures

cc: The Honorable F. James Sensenbrenner, Jr.

(4) Contributions of Tod A. Rapp

National Republican Congressional Committee
3/16/l998 $250
2/15/l999 $350
9/11/2000 $350

Ohio State Central and Executive Committee
3/1/2001 $200

Bush-Cheney 2004
2/2/2004 $500

Republican National Committee
8/8/2003 $250
2/3/2004 $500

Source: WWW.FEC.GOV

AFFIDAVIT
December 13, 2004
Sherole Eaton
Re: General Election 2004, Hocking County - Tri Ad
Dell Computer about 14 years old -No tower

On Friday, December 10,2004, Michael from Tri Ad called in the AM to inform us that he would be in
our office in the PM an the same day. I asked him why he was visiting us. He said, “to check out your
tabulator, computer and that the attorneys will be asking some tricky questions and he wanted to go over
some of the questions they may bo ask”.He also added that there would be no charge for this service,

He arrived about 1?:30PM. I hung his coat up and it was very heavy. I made a comment about it being so
heavy. He Lisa Schwartze, Director, and I chatted for a few minutes. He proceeded to go to the room
where our computer and tabulation machine is kept. I followed him into tie room. I had my back to
him when he turned the computer on. He stated that the computer was not coming up, I did see some
commands at the lower left hand of the screen but no menu. He said that the battery in the computer was
dead and that the stored information was gone He said that he could put a patch on it and fix it. My
main concern was - what if this happened when we were ready to do the recount. He proceeded to take
the computer apart and call his office to get information to input into our computer. Our computer is
fourteen years old and as far as I know it has always worked in the past. I asked him if the older
computer, that is in the same room, could be used for the recount. I don’t remember exactly what he said
but I did relay to him that the computer was old and a spare. At some point he asked if he could take the
spare computer apart and I said, ‘yes‘. He took both computers apart. 1 don’t remember seeing any tools
and he asked Sue Wallace, Clerk, for a screwdriver. She got it for him. At this point I was frustrated about
the computer not performing and feared that it wouldn't work for the recount. I called Gerald
Robinette, board chairman, to inform him regarding the computer problem and asked him if we could
have Tri Ad come to our office to run the program and tabulator for the recount. Gerald talked on the
phone with Michael and Michael assured Gerald that he could fix our computer. He worked on the
computer until about 3:OOPM and then asked me which precinct and the number of the precinct we were
going to count. I told him, Good Hope 1 #17. He went back into the tabulation room. Shortly after that
he stated that the computer was ready for the the recount and told us not to turn the computer off so it
would charge up.

Before Lisa ran the tests, Michael said to turn the muter off. Lisa said, “I thought you said we weren’t
to turn it off’. He said turn it off and right back on and it should come up. It did come up and Lisa ran
the tests. Michael gave us instructions on how to explain the rotation. what the tests mean, etc, No
advice on how to handle the attorneys but to have our Prosecuting Attorney at the recount to answer any of
their legal questions. He said not to turn the computer off until after the recount,

He advised Lisa and I on how to post a “cheat sheet’ on the wall so that only the board members and staff
would know about it and what the codes meant so the count would come out perfect and we wouldn’t have
to do a full hand recount of the county. He left about 5:OOPM.

My faith in Tri Ad and the Xenia staff has been nothing but good. The realization that this company and
staff would do anything to dishonor or disrupt the voting process is distressing to mc and hard to believe.
I’m being objective about the above statements and the reason I’m bringing this forward is to,
hopefully, rule out any wrong doing.

Sherole L. Eaton

Notary expires 2-15-06

Apelbaum. Perrv

Subject: FW: Monroe County OH-- Suspended Recount, Machine “swap”

Monroe County (Woodfield) OH:
3% Hand-count failed to match machine count
Repairman from Triad summoned to bring new machine
Recount suspended & reconvened for Wednesday at 9:30 AM

Details Below
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

I am the Recount Regional Coordinator for the Eastern Ohio / PA Border
region.

The following was relayed to my by Richard Rodefer, who was the Cobb
observer today (Tuesday 12/14) in Monroe County. Mr. Rodefer spoke with
me via cell phone as he was driving from the Wheeling WV area, shortly
before 4 PM.

Monroe County BOE convened a "meeting"Tuesday 12/14 for purpose of
recount
6 BOE people present. Director Margaret Hansen, Deputy Director Ann
Block,4 Directors.
Also present:Richard Rodefer representing David Cobb, Herman(have name
but will have to search) representing John Kerry, and one
person (unknown name) representing George Bush. Thomas Waters, a
volunteer observer for Michael Badnarik, had credentials sent to Monroe
BOE via fax (which they said they would accept). Mr. Waters did leave
for Woodfield, but he did not arrive, possibly due to bad weather in
the area.

Precinct 11 was pre-chosen to be counted. The reason for choosing this
precinct was due to its being only 4 votes above the 3% number.

The following took place, in this order:

Run of test deck (was accurate;the machine count DID equal test deck)

Inspection of all Ballot Cards
Hand Count of Precinct 11
Machine Count of Precinct 11

** Machine count did NOT equal hand count

Pat-down of cards, flex cards, etc to improve feed followed by
at least two additional machine runs of the hand-counted ballots

** No two runs were alike and no run equaled the hand count, however
the machine did operate and produce a count each time according to Mr.
Rodefer

Did not proceed to full hand count, suspended recount, contacted their
"supplier" near Xenia (Triad?) for a repairman to bring a new reader
and/or "fix" this machine

They knew the problem was in the machine at this point; Triad called,
to send repair person immediately (4 or more hours to arrive) to fix or
bring new machine

BOE did not proceed to full hand count, but voted to suspend the
recount and "continue meeting"tomorrow (Wednesday 12/15) at 9:30 AM
with fixed machine or new machine from Triad.
1

Decision that because this is "continued" meeting, ONLY those observers
present today may be present tomorrow. (Basically if anyone can not
come back that candidate will have no representation.)

Mr. Rodefer (who is a native of Bellaire OH) left Monroe County
approximately 11 AM;visited friends in the Bellaire-Wheeling area and
is now en route to his home near Pittsburgh.
. . . . . . . . . . . .

I also called the Monroe BOE and spoke with Deputy Director Ann Block.
She basically confirmed the above, except that she stated that the
recount was suspended due to "broken reader", and said that a repairman
is on the way from the Cincinnati area to "swap out" the broken reader
for a good one.As of approximately 4:lO PM the repair person is still
coming and is still en route.

Ms. Block also stated that K. Blackwell's office was called after the
machine "broke"and that the decision to not allow any change of
observers was the SOS office's decision (as per conversation with
Blackwell's legal counsel.) To her knowledge all observers present
today can and will come back tomorrow.

Monroe BOE (voice): (740) 472-0929; (fax) (740) 472-2517

I have reported this fully to Lynne Serpe; she gave me your e-mail and
requested that I forward this information to you. If you have
questions, you can reach Mr. Rodefer, or please contact me (I will be
glad to help in any way,although I personally was not present in
Monroe County today and am only forwarding information as related to
me.)

---------------
Marybeth Kuznik
Eastern OH - PA Border Region Recount Coordinator
2

Addendum to Declaration of Evelyn Roberson dated December 12, 2004
Re: Incidents of December 10, 2004

This is to add to the approximately I: I5 p.m. portion of the visit with Deputy

Director of Elections Lyn McCoy with respect to the following comment:

“She said they would have their computer technician check over their computers
on Monday in case they had been tampered with.”

The addition is that Lyn McCoy also mentioned to me at the same time that her
computer technician was with Triad.

1 declare under penalty of perjury the foregoing is true and correct.

Dated: December 14, 2004    Evelyn Roberson: (signature)