unsealed transfer cases stored in an old wooden created that, at one point, was with to be
lockable demo at version point, was said to be unlockable.
On December 15, 2004, Rep. Conyers forwarded information concerning the
irregularities alleged in the Eaton Affidavit to the FBI and local prosecutors in Ohio.396 He has
not received a response to that letter. On December 22, 2004, Rep. Conyers forwarded a series
of questions concerning this course of events to the President of Triad GSI and to Mr. Barbian.397
Counsel for Triad GSI has indicated that a response would be forthcoming later this week or
shortly thereafter.
Analysis
Based on the above, including actual admissions and statements by Triad employees, it
strongly appears that Triad and its employees engaged in a course of behavior to provide
"cheat sheets" to those counting the ballots. The cheat sheets told them how many votes they
should find for each candidate, and how many over and under votes they should calculate to
match the machine count. In that way, they could avoid doing a full county-wide hand
recount mandated by state law. If true, this would frustrate the entire purpose of the recount law
to randomly ascertain if the vote counting apparatus is operating fairly and effectively, and if
not to conduct a full hand recount. By ensuring that election boards are in a position to conform
their test recount results with the election night results, Triad's actions may well have prevented
scores of counties from conducting a full and fair recount in compliance with equal protection,
due process, and the first amendment.
In addition, the course of conduct outlined above would appear to violate numerous
provisions of federal and state law. As noted above, 42 U.S.C. §1973 provides for criminal
penalties for 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." Section 1974 requires the retention and preservation of all voting
records and papers for a period of 22 months from the date of a federal election and makes it a
felony for any person to "willfully steal, destroy, conceal, mutilate, or alter" any such record.398
Ohio law further prohibits election machinery from being serviced, modified, or altered in
any way subsequent to an election, unless it is so done in the presence of the full board of
elections and other observers. Any handling of ballots for a subsequent recount must be done in
396
Letter from the Honorable John Conyers, Jr., to Kevin R. Brook, FBI Special Agent in
Charge, and Larry E. Beal, Hocking County Prosecutor (Dec. 15, 2004).
397
Letter from the Rep. John Conyers, Jr., to Brett A. Rapp, President, Triad GSI, and
Michael Barbian, Jr., Ohio Field Rep, Triad GSI (Dec. 22, 2004).
398
Ohio law has a mirror provision which requires that all ballots be "carefully preserved"
for 22 months.
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