Indicted Co-conspirator Cleta Mitchell’s Election Denial Group Drafted Rules Adopted by Georgia State Election Board
Plus, updates on George Santos, Iran's election interference campaign, and former Nebraska Sen. Ben Sasse's corruption
Indicted Co-conspirator Cleta Mitchell’s Election Denial Group Drafted Rules Adopted by Georgia State Election Board
On Monday, the MAGA-controlled Georgia State Election Board (SEB) approved a new election tampering rule that allows county officials to challenge and delay certification.
The “Rule for Reconciliation Prior to Certification,” which was approved on the first day of absentee voting in the state, authorizes local election officials to investigate ballot tabulations and to “examine all election-related documentation” upon request before certifying their county’s results. Georgia law mandates that counties certify results by 5 p.m. on the first Monday after Election Day, which will be November 11.
Digging deeper, the new rule requires county boards to convene no later than 3 p.m. on the Friday after Election Day—November 8—and authorizes them to conduct a review of the total precinct count. The rule states that each county board must count the total number of unique voter ID numbers in each precinct and compare it to the total number of ballots cast in each precinct to ensure the number of ballots does not exceed the number of voters.
It also mandates that precincts cannot submit vote totals for county certification until local officials complete their investigation where they suspect possible discrepancies. This means that counties are prohibited from certifying their results until all precincts are investigated and inconsistent ballot totals are cleared.
The MAGA members claimed that the rule was created to ensure that only valid votes were cast. However, minor inconsistencies are common and rarely impact a county’s outcome. Election law experts expressed their concerns that the requirement to investigate and explain each count discrepancy, as well as legally challenge them, could conflict with state election deadlines.
Ben Berwick, lead counsel at Protect Democracy, a nonpartisan nonprofit that aims to protect U.S. democracy, told ProPublica, “If this rule is adopted, any claims of fraud, any claims of discrepancies, could be the basis for a county board member — acting in bad faith — to say, ‘I’m not confident in the results,’ and hold up certification under the flimsiest of pretexts.” He warned, “election deniers are intentionally creating a failure point in the process where they can interfere if they don’t like the results of an election.”
Sara Tindall Ghazal, the sole Democrat on the SEB, believes her fellow board members are acting in bad faith, stating, “What are we doing here? Today is the first day counties are accepting absentee ballot [requests]. We can’t be making these changes at the last minute. This is exactly what undermines confidence in elections.”
The rule doesn’t just cast doubt on the election process, it is designed to insinuate that voting isn’t a right, but a privilege. It assumes that Georgians abuse the voting process and are thus suspects of voter fraud. The rule states, “If any error is discovered that cannot be properly corrected, the Board shall determine a method to compute the votes justly as required in GA Code§ 21-2-493(i).”
The rule does not make it clear what this method for tabulating the votes is, but it does suggest that MAGA has a plan in mind. More than likely, they will use the courts to challenge results and request injunctions to delay certifications in Blue counties.
Leonard Leo’s Dark Money Network is behind MAGA election proposals
The final proposal for the new rule was submitted by Salleigh Grubbs, an election denier who serves as chairwoman of the Cobb County Republican Party. When asked about the rule, Grubbs told CNN that it is not an attempt to delay certifying Georgia’s election results.
But Grubbs’ denial flies in the face of the actions taken by election deniers on several county election boards to change the outcome of Georgia’s election. This includes Julie Adams, a MAGA member who sits on the state’s largest county elections board and who is a regional director of indicted co-conspirator Cleta Mitchell’s Election Integrity Network (EIN).
EIN is a project of another group in Leonard Leo’s dark money network, the Virginia Institute for Public Policy. I’ve previously reported that Mitchell’s EIN and True the Vote, among other “election integrity” nonprofits are funded by the Public Interest Legal Foundation (PILF), which Mitchell chairs and is in turn funded by Leonard Leo’s and Charles Koch’s dark money networks.
Adams has previously refused to certify elections in Fulton County, claiming that she was denied access to election-related documents. After joining the county election board in February, she immediately voted against the certification of the county’s March presidential primary results.
She was overruled by the rest of the board, but she didn’t get what she wanted so she sued the board she sits on, as well as its election director, requesting the court order the county to turn over those documents. Her lawsuit is funded by the America First Policy Institute, a far-right think tank founded and operated by a group of former senior Trump administration officials and advisors.
Grubbs was only one of the election deniers tapped to introduce the rule that EIN crafted for the SEB to adopt. ProPublica reported that several EIN officials, including Adams, were involved in drafting the “Rule for Reconciliation Prior to Certification.”
ProPublica also reported that former Fulton County election official, Vernetta Nuriddin, told reporters at the investigative outlet that she submitted an initial draft of the rule in April “at the behest of a regional leader” of EIN. She said that Adams was “instrumental” in bringing that rule and several others to the SEB.
In her petition for the rule change, Nuriddin cited the Election Research Institute (ERI) as the petitioner. The ERI is run by election denier and Pennsylvania woman, Heather Honey, a self-described “election integrity” investigator. Honey is affiliated with Mitchell’s EIN and was involved in the scheme run by Cyber Ninjas to breach the voting equipment in Maricopa County, Arizona to contest the 2020 results. It appears that Cyber Ninjas has rebranded as Verity Vote, which Honey also runs.
Nuriddin ended up withdrawing her submission with no explanation, but a separate petition for the same rule was filed with the SEB by another election denier and Fulton County commissioner Bridget Thorne. This petition, also submitted at the same time as Nuriddin’s, omitted that the Election Research Institute was the petitioner. Instead, it only cited Thorne as the petitioner.
Thorne’s submission was considered in a May meeting where she acknowledged that she worked with Nuriddin on the proposal and stated that Nuriddin withdrew her proposal because “she wanted some tweaking of the language, last minute.”
She also told ProPublica that Honey, Adams, and others with the EIN encouraged her to submit her version of the rule. She claimed that she could not name who drafted the entire text, only conceding that she consulted many lawyers and election experts. She did admit that some of the language was crafted by herself and Honey. She also said that Adams was only the organizer of the proposal.
The SEB unanimously voted down Thorne’s proposal after acknowledging that the rule violated both federal and state law. It generously offered to have 2 board members assist with refining the rule for future consideration. Days after this meeting, GOP House Speaker Jon Burns replaced one of the SEB members with Janelle King—someone more inclined to vote for the rule. In June, Grubbs resubmitted the rule, which was largely unchanged.
Georgia Attorney General publicly slaps down MAGA for attempted power grab
In a rare rebuke to the SEB, Georgia’s Republican Attorney General Chris Carr issued a formal opinion Monday morning, stating that the SEB doesn’t have the power to dictate the Attorney General’s office’s operations. This was made in response to the 3-2 vote earlier this month by the SEB to try to force Carr’s office to re-open an investigation into the 2020 election results certified by Fulton County, a Democratic-held county. They also requested his office appoint outside investigators, claiming his office had a conflict of interest.
The SEB seeks to re-litigate the 2020 election as Cleta Mitchell’s “election integrity” groups—EIN and True the Vote—continue to claim, without evidence, that approximately 3K ballots in the county were double counted. Georgia Secretary of State Brad Raffensperger’s office previously determined that ballots were likely double-scanned, but that it couldn’t establish whether they were counted twice. The office also made it clear that even if they were, it would not have impacted the county’s final result.
Carr noted that because the MAGA members on the SEB file complaints that “arise with some frequency,” his office felt it was necessary to issue an official opinion. He also made it clear that the “authority to investigate potential violations of the election laws rests with the SEB and not with the Attorney General.”
He added that the Attorney General’s office “serves as the sole legal counsel to the Executive Branch of state government” and thus does not have a legal conflict in representing the entities of the branch, which includes the SEB. Also, under Title 21, his office is “not required to engage other counsel or conduct an investigation at the direction of a client.” Finally, Carr wrote that the SEB has the authority to investigate such claims and that it can authorize the Secretary of State to do so on its behalf.
Complaints filed against MAGA SEB members for violating state laws and Code of Ethics
Also on Monday, Democratic State Sen. Nabilah Islam Parkes filed a formal complaint against the MAGA SEB members, requesting Governor Brian Kemp immediately remove them from the board for ethics violations. Parkes wrote in the complaint, "The facts clearly show that acts that the Respondents have knowingly taken (and illegally concealed) are violations of their ethical obligations under the Code of Ethics and of the Open Meetings Act, and have placed the Board and the State of Georgia in legal and financial jeopardy.” She also requested that the Governor refer the matter to the Attorney General for prosecution.
Parkes made three allegations against the respondents Janelle King, Janice Johnston, and Rick Jeffares:
Allegation 1: The respondents have interfered with free and fair elections by passing rules that violate state election law, including empowering local election officials to delay certifying county results. The complaint notes that their actions “create a framework for subverting the electoral will of the people of Georgia.”
Allegation 2: The respondents are illegally coordinating with the Georgia Republican Party. The complaint notes that the 3 MAGA members have taken “advice, guidance, and instruction as to how to subvert the law in their official capacity” and cites several actions taken by the trio, including accepting text provided by party chair Josh McKoon for adopted rules, scheduling an illegal meeting to adopt rules, and soliciting a position within the next Trump administration, as well as public commentary by Cleta Mitchell and Donald Trump.
Allegation 3: The respondents held a secret meeting in violation of the Open Meetings Act. The complaint notes that the 3 MAGA members violated their duties “under the Code of Ethics to uphold the law, avoid breaching the public trust, expose corruption, and not dispense special favors.”
On August 13, the American Civil Liberties Union and the watchdog groups Citizens for Responsibilities and Ethics in Washington (CREW) and the Public Rights Project wrote a letter to the SEB asking the board to not adopt the proposed rule giving county officials the authority to examine all election-related documentation prior to certifying the results.
The letter states that that provision “improperly seeks to write new law” and “plainly exceeds statutory authority.” It adds that the rule “would invite unscrupulous abuse, and could impose unreasonable burdens on election workers in the hectic six-day period between election day and certification.” The letter also states,
“It would empower individual county board members to make unreasonable and vexatious demands for any election-related documents – even ones that have no bearing on certification – without providing any basis for their requests. It provides no safeguards against requests unscrupulously designed to delay or obstruct the lawful certification process, nor does it limit access to documents containing sensitive personal identifying information.”
It added that since the rule would be struck down in court, the SEB should not approve it.
What’s next?
The board is currently considering another rule change proposal that would authorize local election officials to hand count every ballot cast on Election Day. Janelle King personally amended the proposal to allow counties to begin the hand count the day after Election Day. The board will vote on this rule change in September.
Update: U.S. Intelligence points finger at Iran for U.S. election interference
On Monday, the FBI, the Office of the Director of National Intelligence (ODNI), and the Cybersecurity and Infrastructure Security Agency (CISA) issued a joint statement that blames Iran for the recent cyberattacks on both U.S. presidential campaigns. The intelligence community (IC) wrote that it is “confident that the Iranians have through social engineering and other efforts sought access to individuals with direct access to the Presidential campaigns of both political parties” with the intent to influence the 2024 election. The statement highlights that Iran’s goal is to sow public discord in the U.S. and tip the November election in a way that favors its interests. It notes that Iran perceives the U.S. election to be “particularly consequential in terms of the impact they could have on its national security interests” and that the IC has observed increasingly aggressive activity by Iran. The joint statement also highlights that Iran’s approach is not new and that “Iran and Russia have employed these tactics not only in the United States during this and prior federal election cycles but also in other countries around the world.”
Update: Expelled NY Congressman George Santos takes plea deal
On Monday, expelled Rep. George Santos (R-NY) pleaded guilty to aggravated identity theft and wire fraud in exchange for a reduced sentence for misusing campaign funds and submitting fraudulent financial disclosure reports. Santos, who pleaded not guilty to 13 charges in May 2023 and an additional 10 charges in October 2023, was set to stand trial for all 23 felony charges. As part of the plea deal, Santos admitted to all of the conduct he was charged with. He told the court, “I deeply regret my conduct. I accept full responsibility for my actions.” Santos now faces 2 - 22 years in prison and must pay $373,749.97 in restitution and forfeiture of $205,002.97. His sentencing hearing is set for February 7, 2025.
Update: Corruption power struggle between former UF President Ben Sasse and Board Chairman and Gov. Ron DeSantis benefactor Mori Hosseini
Insiders are spilling the tea on why former Senator Ben Sasse (R-NE) suddenly stepped down as University of Florida president in July. According to nine current and former university administrators and top donors, there was a power struggle between Sasse and the UF Board chairman Morteza “Mori” Hosseini, which resulted in Sasse being forced out.
Hosseini is Florida Governor Ron DeSantis’ mega millionaire benefactor—he gave at least $361K to PACs supporting DeSantis’ reelection campaign, organized a round of golf for DeSantis at Augusta National Golf Club in 2018, donated a $27,500 golf simulator to the Governor’s mansion that he classified as a “loan,” and allows the Gov. and his wife, Casey, to regularly use his private jet, even on last minute notice. In exchange, DeSantis appointed Hosseini to the UF Board of Trustees in 2018, Hosseini’s wife to a different board in 2019, and appointed Hosseini’s sister, Maryam Ghyabi-White, to the St. Johns River Water Management District Governing Board in 2021, as well as gave Hosseini a VIP pass to the Governor’s office. Hosseini’s real estate business, the largest housing developer in Florida, has also profited from DeSantis. His company, ICI Homes, has been granted funding for projects by Space Florida, the state’s aerospace finance and development authority (Hosseini serves on the board of directors with the Governor), and for the Pioneer Trail interchange, which DeSantis funneled $92M in Covid stimulus money toward last year.
So, naturally, the Florida Oligarch did not appreciate that Sasse took the corruption reins from him at the University of Florida. And it appears he felt threatened by Sasse’s influence. So much so, insiders told the Alligator that Hosseini tried to restrict Sasse’s communications with DeSantis, the state Department of Education, and the GOP-controlled state Legislature. Hosseini is such a control freak he required any communications from the UF president be routed through him first. Insiders also told the Alligator that when Sasse asked for some leeway given his wife’s health condition, Hosseini rejected him, making him choose between his career and his wife. Both Hosseini and Sasse disputed the power struggle in a statement written by a UF spokesman, Steve Orlando. Note that the Alligator reported that a July 18 board meeting was so rushly convened that no one recorded the 19-minute call and journalists missed it.
Sasse also upset other UF megadonors as well. They allege that the former UF President was “insufficiently attentive” to seven- and eight-figure donors. At least 2 UF megadonors who are used to having access to the president’s office told the Allegator that Sasse did not respond to emails or accept meeting invitations. As a result, these megadonors, especially Hosseini, are using DeSantis to go after Sasse. Last week, DeSantis called on the Board of Governors to audit Sasse’s office. By Friday, it issued a statement confirming the Florida auditor general’s office “is conducting a regularly scheduled audit” at the university. UF’s faculty union also requested the Board of Trustees to audit Sasse’s office, citing “questionable financial choices and lack of transparency.”