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IN THE SUPERIOR COURT OF FULTON COUNTYSTATE OF GEORGIAGARLAND FAVORITO, MICHAEL SCUPIN, TREVOR TERRIS, SEAN DRAIME, CAROLINE JEFFORDS, STACEY DORAN, CHRISTOPHER PECK, ROBIN SOTIR,and BRANDI TAYLOR, PETITIONERS,v.CIVIL ACTION NO.: 2020CV343938 FULTON COUNTY, FULTON COUNTYBOARD OF REGISTRATIONS ANDELECTIONS, AND FULTON COUNTYCLERK OF SUPERIOR AND MAGISTRATECOURTS,RESPONDENTS. PETITIONERS FAVORITO, SCUPIN, TERRIS, DRAIME, DORAN, PECK, AND TAYLOR’S FIRST REQUEST FOR PRODUCTION OF DOCUMENTS AND NOTICE TO PRODUCE TO RESPONDENTS FULTON COUNTY AND FULTON COUNTY BOARD OF REGISTRATIONS AND ELECTIONSTO: FULTON COUNTY AND FULTON COUNTY BOARD OF REGISTRATIONS AND ELECTIONSCOMES NOW, THE AFOREMENTION PETITIONERS, in the above styled action, and pursuant to Ga. Code Ann. § 9-11-34, requests that Respondents Fulton County and Fulton County Board of registrations and Elections produce the documents and records set forth below for inspection and copying by the attorney for the aforementioned Petitioners at the office of Maddox & Harding, LLC, on or before the 30th day after service hereof, as provided by law, where adequate facilities are available for copying.You are hereby notified to produce at the time of the taking of any deposition of Respondents Fulton County Board of Registrations and Elections in the above-styled case, at any hearing of any interlocutory matter or special motion in the above-styled case, and on trial of the above-styled case and from time to time and term to term until the above-styled case is concluded, the documents and records set forth below which are in your possession, custody, or control, the same to be used as evidence by the aforementioned Petitioners. This notice is provided pursuant to Ga. Code Ann. § 24-13-27.INSTRUCTIONS1. In the event that any document requested is withheld on the basis of a claim of privilege, that document shall be identified by setting forth the following information:(a) The name of the author of the document;(b) The date of the document;(c) The name of each person or persons (other than stenographic or clerical assistant) participating in the preparation of the document;(d) The date on which the document was received by those having possession of the document;(e) The name and address of each person, if any, to whom the contents of the documents have heretofore been communicated by copy, exhibition, reading, or substantial summarization;(f) A brief description of the nature of the subject matter of the document;(g) The statute, rule, or decision which is claimed to give rise to the privilege;(h) The present custodian and location of the document;(i) Attachments to the document;(j) The number of pages, attachments, or appendices comprising the document;(k) Whether the document is handwritten, typewritten, or otherwise prepared; and (l) The number of request to which the document is responsive.2. If, for reasons other than a claim of privilege, the aforementioned Respondents refuse to produce any documents described herein, please state the grounds upon which the refusal is based with sufficient specificity to permit a determination of the propriety of such refusal.3. This request of the Production of Documents and Other Things shall be deemed continuing so as to require further and supplemental production of any and all documents and other things learned of or received after the time of compliance herewith, the production of which would otherwise have been required.4. This Request calls for the production of all original documents prepared or authored, which are within the aforementioned Respondents’ possession, custody, or control. In addition, this Request calls for the production of all copies of such documents and any drafts thereof, preliminary or otherwise, which are within the aforementioned Respondents’ possession, custody, or control, or within the possession, custody, or control of any agent, attorney, or other representative of the aforementioned Respondents.5. Whenever appropriate, the singular form of a word should be interpreted in the plural, and visa-versa. All words and phrases shall be construed and masculine, feminine, or neutral gender, according to the context. "And" as well as "or" shall be construed either disjunctively or conjunctively as necessary to bring within the scope of this Request any documents which might otherwise be construed to be outside of the scope.6. If any document described herein was, but no longer is, within the aforementioned Respondents’ possession, custody, or control, please state in detail:(a) A summary of the contents of the document;(b) What disposition was made of it; and (c) The date of such disposition.DEFINITIONS1. As used herein, the term "document" is intended to encompass all documents and things enumerated in Ga. Ann. Code § 9-11-34 (a) (1).2. The term "Respondent" includes the named Respondent, any agents, servants, representatives, or any other person or persons acting for or purportedly acting on Respondent’s behalf.3. "Relating to" shall mean consisting of, referring to, reflecting, pertaining to, or in any way logically or factually connected with the matter discussed. A document "relating to" a given subject is any document identifying, showing, referring to, dealing with, evidencing, commenting upon, having as a subject, describing, summarizing, analyzing, explaining, detailing, outlining, defining, interpreting, or pertaining to that subject, including without limitation documents referring to the presentation of other documents.DOCUMENTS TO BE PRODUCED BY THE AFOREMENTIONED RESPONDENTSPlease produce an electronic copy of files containing scanned images of batch tally sheets from the November 14, 2020 and November 15, 2020 hand count audit for each upload to the Secretary of State’s (SOS) Risk Limited Auditing (RLA) batch sheets page. If different upload files were made on different days, please provide the data time stamp for each upload.Please produce all records kept regarding emergency ballots that were used and unused by each polling place during the November 2020 election.Please produce all records kept regarding test ballots that were created by staff or contractors for the November 2020 election.Please produce any reports received concerning November 2020 election processes from Carter Jones of the office of the Secretary of State and any correspondences related to those reports.Please produce any training or procedural manuals provided by any Respondent or the Office of the Secretary of State of Georgia and used by any Respondent regarding how to process mail-in ballots and envelopes received for the November 2020 election.Please produce any training or procedural manuals provided by any Respondent, Dominion Voting Systems, or the Office of the Secretary of State of Georgia and used by any Respondent in regards to how mail-in ballots were adjudicated during the November 2020 election.Please produce any training or procedural manuals provided by any Respondent or the Office of the Secretary of State of Georgia and used by any Respondent for the November 2020 election to process Uniformed and Overseas Citizens Absentee Voting Act (“UOCAVA”) ballots received electronically, via standard postal mail or from other means.Please produce any training or procedural manuals provided by any Respondent and used by any Respondent in regard to the conditions, procedures and preservation policies for duplicating ballots during the November 2020 election.Respectfully submitted this the ____ day of May 2021.MADDOX & HARDING, LLC_____________________________Todd A. Harding, For the FirmGa. Bar No. 101562 Attorney for Petitioners:Garland Favorito, Michael Scupin,Trevor Terris, Sean Draime,Stacey Doran, Christopher Peck,and Brandi TaylorMaddox & Harding, LLCAttorneys at Law113 E. Solomon StreetGriffin, GA 30223(770) 229-4578 (770) 228-9111 facsimileIN THE SUPERIOR COURT OF FULTON COUNTYSTATE OF GEORGIAGARLAND FAVORITO, MICHAEL SCUPIN, TREVOR TERRIS, SEAN DRAIME, CAROLINE JEFFORDS, STACEY DORAN, CHRISTOPHER PECK, ROBIN SOTIR,and BRANDI TAYLOR, PETITIONERS,v.CIVIL ACTION NO.: 2020CV343938 FULTON COUNTY, FULTON COUNTYBOARD OF REGISTRATIONS ANDELECTIONS, AND FULTON COUNTYCLERK OF SUPERIOR AND MAGISTRATECOURTS,RESPONDENTS. PETITIONERS FAVORITO, SCUPIN, TERRIS, DRAIME, DORAN, PECK, AND TAYLOR’S FIRST INTERROGATORIES TO RESPONDENTS FULTON COUNTY AND FULTON COUNTY BOARD OF REGISTRATIONS AND ELECTIONSTO: FULTON COUNTY AND FULTON COUNTY BOARD OF REGISTRATIONS AND ELECTIONSCOMES NOW, THE AFOREMENTIONED PETITIONERS, BY AND THROUGH THEIR ATTORNEY, and hereby serves the aforementioned Respondents with this, Petitioners Favorito, Scupin, Terris, Draime, Doran, Peck and Taylor’s First Interrogatories to Respondents Fulton County and Fulton County Board of Registrations and Elections and requests that the aforementioned Respondents provide written responses to the aforementioned Petitioner at the office of Counsel at 113 E. Solomon Street, Griffin, GA 30223 within thirty (30) days of service of said document upon you.Pursuant to Ga. Code Ann. §9-11-26 (e), your duty to respond to the Interrogatories is a continuing obligation. You must supplement your responses to include information acquired subsequent to your original production. You are also under a duty to amend a prior response if you obtain information indicating that your original response was incorrect. A failure to amend the response is tantamount to concealment. Any supplemental or amended responses shall be served upon the aforementioned Petitioners in accordance with the Civil Practice Act.When used in these interrogatories, the term “Respondent”, “you”, or any synonym thereof, is intended to and shall embrace and include, you, your agent, servants, representatives, private investigators, accountants and others who are in a position to obtain or who may have obtained information for or on your behalf. Additionally, when in these interrogatories you are requested to identify a person, you should identify each person by the person’s full name, complete address, and telephone number. Moreover, when in these interrogatories you are requested to identify an account be it either a bank, investment, loan, credit card, or savings account or stock or other security you should identify the account by its account number, the person or entity in whose name it is held and the full name and address of the financial institution at which it is maintained. Whenever in these Interrogatories you are requested to identify a person or legal entity, you should identify each person or legal entity by their complete name, complete address, and telephone number for each such person or legal entity.INTERROGATORIES1). Identify and describe with specificity and particularity in detail the process any Respondent used for handling inner and outer envelopes that contained mail-in ballots for the November 2020 election including:Identification of all individuals who verified envelope signatures against file records;Number of rejected and accepted signatures;Process for handling rejected signatures;When and where the outer envelopes were opened and inner envelopes removed;Location where inner envelopes were stored with ballots until they are opened;When and where the inner envelopes are opened and ballots removed for scanning; andHow and where both inner and outer envelopes are preserved.2). Identify and describe with specificity and particularity each step of how any Respondent handled Uniformed and Overseas Citizens Absentee Voting Act (“UOCAVA”) ballots for the November 2020 election including:The identification of all individuals who processed UOCAVA ballots;The process for receiving UOCAVA ballots electronically;The process for receiving UOCAVA ballots via the postal mailing service;The process for receiving UOCAVA ballots via any other means;Number of UOCAVA ballots received by each means of receipt;Methods of reproduction for UOCAVA ballots from each means of receipt; andWhere and how the original UOCAVA ballots received are preserved for each means.3). Identify and describe with specificity and particularity how and why any Respondent used emergency ballots for the November 2020 election including:Identification of all precincts that used emergency ballots;Number of emergency ballots used by each precinct that required emergency ballots;The conditions under which the emergency ballots were used;The detailed process by which emergency ballots cast are included the results;The type of paper and paper vendor that Fulton Co used for emergency ballots;The type of paper and paper vendor that Fulton Co used for NON-emergency ballots; andHow and where both unused and used emergency ballots are preserved.4). Identify and describe with specificity and particularity how and why any Respondent duplicated a mail-in ballot for the November 2020 election including:Any conditions under which a ballot may be duplicated;Identification of all individuals who duplicated mail-in ballots;The equipment used to duplicate the ballots;Number of ballots that were duplicated;Location of original ballot and how it is preserved;Location of duplicated ballot image and how it is preserved; andLocation of audit record created for each duplicated ballot and how the record is preserved.5). Identify and describe with specificity and particularity each step for how any Respondent adjudicated mail-in ballots for the November 2020 election including:Scanner settings used to accept votes, reject votes and transfer votes to adjudication;The process used to adjudicate mail-in ballots; Number of ballots that were electronically sent to adjudication;Number of ballots that were manually adjudicated by adjudication teams;Location of original ballot image and how it is preserved;Location of adjudicate ballot image and how it is preserved; and Location of audit record created for each adjudicated ballot and how the record is preserved.6). Identify and describe with specificity and particularity the process any Respondent used for tabulating mail-in ballots for the November 2020 election including:Process used to uniquely identify each memory device containing scanned mail-in ballot images;Process used to secure and transport memory devices containing scanned mail-in ballot images;Identification of all individuals who handled memory devices with scanned mail-in ballot images;Identification of all individuals who transported memory devices with mail-in ballot images to the tabulation center;Process for receiving and uploading memory devices with mail-in ballot images at the tabulation center; and Location and definition of audit record created for each memory device containing mail-in ballot images.7). Identify and describe with specificity and particularity the process for uploading scanned images of batch tally sheets from the November 14, 2020 and November 15, 2020 hand count audit to the Office of Secretary of State of Georgia’s (hereafter SOS) Risk Limited Auditing (RLA) batch sheets page. If different uploads were made on different days describe for each upload:a. Date on which each upload of scanned tally sheet images was made to the SOS office;b. Date on which each upload became available on the SOS RLA page site;c. Identification of batches that were included in each upload;d. Reason why batches were not uploaded originally; and e. Individuals who performed each upload. Respectfully submitted this the ____ day of May 2021.MADDOX & HARDING, LLC_____________________________Todd A. Harding, For the FirmGa. Bar No. 101562 Attorney for Petitioners:Garland Favorito, Michael Scupin,Trevor Terris, Sean Draime,Stacey Doran, Christopher Peck,and Brandi TaylorMaddox & Harding, LLCAttorneys at Law113 E. Solomon StreetGriffin, GA 30223(770) 229-4578 (770) 228-9111 facsimileIN THE SUPERIOR COURT OF FULTON COUNTYSTATE OF GEORGIAGARLAND FAVORITO, MICHAEL SCUPIN, TREVOR TERRIS, SEAN DRAIME, CAROLINE JEFFORDS, STACEY DORAN, CHRISTOPHER PECK, ROBIN SOTIR,and BRANDI TAYLOR, PETITIONERS,v.CIVIL ACTION NO.: 2020CV343938 FULTON COUNTY, FULTON COUNTYBOARD OF REGISTRATIONS ANDELECTIONS, AND FULTON COUNTYCLERK OF SUPERIOR AND MAGISTRATECOURTS,RESPONDENTS. RULE 5.2 CERTIFICATE COME NOW, Petitioners Garland Favorito, Michael Scupin, Trevor Terris, Sean Draime, Stacey Doran, Christopher Peck, and Brandi Taylor and pursuant to Superior and State Court Uniform Rule 5.2, notifies the Court that they have served a copy of PETITIONERS FAVORITO, SCUPIN, TERRIS, DRAIME, DORAN, PECK, AND TAYLOR’S FIRST REQUEST FOR PRODUCTION OF DOCUMENTS AND NOTICE TO PRODUCE TO RESPONDENTS FULTON COUNTY AND FULTON COUNTY BOARD OF REGISTRATIONS AND ELECTIONS and with PETITIONERS FAVORITO, SCUPIN, TERRIS, DRAIME, DORAN, PECK, AND TAYLOR’S FIRST INTERROGATORIES TO RESPONDENTS FULTON COUNTY AND FULTON COUNTY BOARD OF REGISTRATIONS AND ELECTIONS via the Odyessy Automated service system and U.S. Mail to:Cheryl Ringer and David Lowmann141 Pryor Street, SWSuite 4038Atlanta, GA 30303Kaye Burwell, Dominique Martinez, and Gagan Vaideeswaran141 Pryor Street, SWSuite 4038Atlanta, GA 30303Robert D. Cheeley Cheeley Law Group, LLC 2500 Old Milton Pkwy, Suite 200 Alpharetta, GA 30009W. Charles Bundrencharles@Respectfully submitted this the ____ day of May 2021.MADDOX & HARDING, LLC_____________________________Todd A. Harding, For the FirmGa. Bar No. 101562 Attorney for Petitioners:Garland Favorito, Michael Scupin,Trevor Terris, Sean Draime,Stacey Doran, Christopher Peck,and Brandi TaylorMaddox & Harding, LLCAttorneys at Law113 E. Solomon StreetGriffin, GA 30223(770) 229-4578 (770) 228-9111 facsimile ................
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