Mark Davis

From: Mark Davis

Sent: Sunday, November 20, 2022 1:33 PM
To: Lindsey, Jr., Edward H.
Subject: Meeting
Attachments: SOS investigation

Hi Ed –

I appreciate you taking the time to meet with Dan and I on Friday. There is a fair amount of
material I would like to draw your and the board’s attention to, so I am attempting to
summarize the issues I am raising for you in this email.

For background, over the last 20 years, I have been qualified and admitted to testify as an
expert witness on issues relating to voter data analytics and residency issues 5 times in
disputed elections cases. New elections were ordered in 4 of them. Those cases often involve
a grueling amount of work, and do not pay very well, if at all, but I take them because
whenever an election is overturned due to illegal votes cast it raises awareness of election
integrity issues with the public and our elected officials. So, before I agree to assist with such a
case, I have a standard set of queries I run on the voter data, and unless I feel sure the issues
are legitimate, and the case can be won, I do not take it.

Because of that experience, in 2018 Mark Rountree invited me to help coach his then
candidate for Secretary of State Brad Raffensperger on issues related to voter database
management and the obstacles he would encounter as Secretary of State due to the 1993
National Voter Registration Act, also known as the “Motor Voter” law. Then following his
election, I met with Secretary Raffensperger to again review those issues, and I was asked if I
would be interested in working with the Secretary of State’s Office. I was forced to decline
because I have a business to run, but offered to consult if they needed me to, which I was
invited to do when I discovered double voting in a case I testified in down in Long county, and
that triggered the need for a statewide analysis of the issue. However, I had to decline that
offer as well because the NDA I was asked to sign for data relating to the enumerated list of
voters, which a Cobb county routinely publishes on their website for the entire world to see,
was unacceptable to me. So, they hired another analyst for that investigation.

Having worked with voter data since 1986, I have become very aware of major issues
regarding residency, which I first raised with the State Board of Elections and then Secretary of
State Cathy Cox and her office as far back as 2002. Then, after major redistricting errors
caused the election that year in State House District 1 to be overturned, twice back-to-back,

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she invited me in to do a presentation to her, the Elections Division of the Secretary of State’s
office, the Georgia Technological Authority, and the Voter Fraud Unit at the Burrus institute.

During that meeting I stressed the need to get better at keeping our voter rolls updated, and
suggested quality control measures that could be taken using GIS software to help ensure the
integrity of our decennial redistricting and reapportionment. Following that meeting I helped
advocate for passage of her housekeeping bill which allowed the Secretary of State’s office to
run NCOA (USPS “National Change of Address” processing) more frequently, but the law
apparently changed again at some point and now allows the Secretary of State’s office to run
it at his or her discretion.

As I assume you are aware, the “Motor Voter” law links our driver’s license and voter
registration information, so when a voter moves and then updates their license, it is also
updated on their voter registration. The problem is that OCGA 40-5-33, which requires us to
update our driver’s license information within 60 days of moving, has no teeth in it and many
Georgia residents routinely ignore it for months or even years.

If they also fail to separately update their voter registration, and they have moved
permanently to a new county more than 30 days before an election, they unfortunately also
become unqualified voters because they have lost their residency in their old county, and they
are not registered in their new county.

Relevant GA Law:

(a) No person shall vote in any primary or election held in this state unless such person shall
be:
(1) Registered as an elector in the manner prescribed by law;
(2) A citizen of this state and of the United States;
(3) At least 18 years of age;
(4) A resident of this state and of the county or municipality in which he or she seeks to vote;
and
(5) Possessed of all other qualifications prescribed by law.

https://law.justia.com/codes/georgia/2010/title-21/chapter-2/article-6/21-2-216

(4.1) If a person removes to another county or municipality in this state with the intention of
making it such person's residence, such person shall be considered to have lost such person's
residence in the former county or municipality in this state;

(6) If a person removes to another county or municipality within this state with the intention
of remaining there an indefinite time and making such other county or municipality such
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person's place of residence, such person shall be considered to have lost such person's
residence in the former county or municipality, notwithstanding that such person may intend
to return at some indefinite future period;

https://law.justia.com/codes/georgia/2010/title-21/chapter-2/article-6/21-2-217

"(e) Any provision of this chapter to the contrary notwithstanding, an elector who moves from
one county or municipality to another after the fifth Monday prior to a primary or election
may vote in the county or municipality or precinct in which such elector is registered to vote.

(f) No person shall vote in any county or municipality other than the county or municipality of
such person's residence except as provided in subsection (e) of this Code section."

https://codes.findlaw.com/ga/title-21-elections/ga-code-sect-21-2-218.html

For years those laws were well summarized on our Secretary of State’s own voter registration
web page, which was removed following the controversy over these issues. I will get to that
controversy shortly. Meanwhile here is a screen capture from the old page that was taken
down, the relevant text, and a link to the page from the “Wayback Machine” web archive:

"If you move outside the county in which you are registered to vote in excess of 30 days prior
to an election, you have lost your eligibility to vote in the county of your old residence. You
must register to vote in your new county of residence. You will be assigned a new voting
precinct and polling location. Remember, if you don't register to vote by the deadline, you
cannot vote in that particular election."
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This archived copy of the page loads very slowly, but if you give it a few minutes you can see it
here:
https://web.archive.org/web/20220108233541/https://sos.ga.gov/index.php/Elections/regist
er_to_vote

Ryan Germany’s more recent legal analysis of those issues, which I will also get to shortly, is
obviously a complete 180 degree “about face” from the Secretary of State’s previous position
on those issues, which may explain why that web page has since been taken down after it, and
the apparent reversal of their position, was exposed by certain media outlets.

Following the 2020 election, I decided to do a statewide analysis of these issues to see how
they had impacted that election. I discovered over 110,000 voters who had filed permanent
changes of address to a new county with a “Move effective date” more than 30 days before
the election, but failed to update their registrations before the deadline. The vast majority of
those voters did not attempt to unlawfully cast ballots in their old counties, but the data I saw
indicated that nearly 35,000 voters may have done just that. That means voters who broke
the law were permitted to vote, and voters who obeyed the law were not. That is absolutely
unconscionable to me.

I used the words “may have” because some percentage of those voters may be students away
at school, or soldiers serving a tour of duty, or other people who had reason to file a
permanent change of address for what was in reality a long-term temporary move. Because
the USPS only permits temporary changes of address for a period of one year, those voters will
typically file a permanent change of address when they leave, and another when they come
back. One of the main reasons I’ve called for an investigation into these issues was to discover
what percentage of those voters voted illegally verses those who lawfully cast votes during
those kinds of long-term temporary change of address.

Following the 2020 general election, further analysis of more recent voter files revealed that
over 12,400 of those voters finally got around to updating their driver’s license and/or voter
registration addresses to the exact same address they told the USPS they were moving to with
“Move effective dates” more than 30 days before the 2020 general election.

The data I saw indicated over 94% of the people who apparently voted in their old counties
would have been given the opportunity to vote in a house district they no longer lived in, over
86% in a senate district they no longer lived in, and almost 64% in a congressional district they
no longer lived in. They could have, and many likely did, also cast votes for County Sheriffs,
District Attorneys, county commissioners, or school board members who no longer represent
them, or for tax increases they will never have to pay. All that is exactly what our residency
laws in OCGA 21-2-216, 217, & 218 were intended to prevent, but when a voter shows a poll
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worker a driver’s license they have not updated, that poll worker has no way to determine
whether that voter is lying about their residency in order to fraudulently obtain and then cast
a ballot.

I feel confident you are well aware of the now infamous phone call between President Trump
and Secretary Raffensperger, where these issues were discussed. The President’s attorneys
were demanding an investigation into these issues, which never happened. So, once I had
collected the kind of corroborating evidence I mentioned above, in May of 2021 I handed that
evidence over to the Secretary of State’s office for an official investigation, which they had
agreed to open.

Unfortunately, that investigation has not been taken seriously, I assume because they painted
themselves into quite a corner during that call with President Trump, and the fact that
Secretary Raffensperger was at the time up for re-election. It seems the very last thing our
Secretary of State wants to do is publicly admit President Trump was right when he raised
those issues, no matter how obvious that is following a review of the data and corroborating
evidence, and a legitimate and transparent investigation of those issues would likely have
exposed the magnitude of the problem. That said, he and staff members from the Secretary
of State’s office have repeatedly admitted these issues do exist, as they did during the call with
President Trump, but they have also repeatedly declined to cite any numbers from their own
analysis of the issue, which they claimed to have done.

Personally, to date I’m not sure if they have even interviewed a single voter for their
investigation, including the two who admitted on WSB TV that they had in fact moved to a
new county well before the election. One very candidly admitted he had not updated his
driver’s license, so he went back and voted in his old county and precinct. The other denied
doing so, but the voter data plainly indicated he was still registered in Gwinnett county at his
previous address and had his Gwinnett county absentee ballot mailed to him at his new
address in Fulton county.

https://www.wsbtv.com/news/local/voter-analyst-claims-thousands-georgians-voted-wrong-
county/N6LQWGPDOZAJFN34H7BGTPONEU/

https://thefederalist.com/2021/07/19/georgia-voting-official-makes-excuses-for-residents-
who-illegally-voted-in-2020/

A few weeks after I turned that data over for an investigation, Ryan Germany issued a legal
analysis, apparently written for Factcheck.org, which attempted to discredit that analysis. He,
like our Secretary of State, seems to argue that the issue is caused by the 1993 NVRA. While
that is certainly a major contributing factor to our underlying list maintenance issues, it also
does not require or implicitly permit voters to lie about where they live when they go to vote.
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They make that choice all on their own. Then he also seemed to argue that under the NVRA
and our own state law we must allow voters to cast ballots where they are registered even if
they have moved permanently to a new county, failed to reregister there, became unqualified
voters, and chose to lie about their residency in order to fraudulently obtain and then cast a
ballot, in violation of both state and federal law.

As the PDF in the attached email shows, Germany then raised and obviously cherry picked
from OCGA 21-2-224 out of context which says:

(d) Each elector who makes timely application for registration, is found eligible by the board
of registrars and placed on the official list of electors, and is not subsequently found to be
disqualified to vote shall be entitled to vote in any primary or election; provided, however,
that an elector, voting in the primary or primaries held by a single party for the nomination of
candidates to seek public offices to be filled in an election, shall not vote in a primary held by
any other party for the nomination of candidates to seek public offices to be filled in the same
such election.

(h) All persons whose names appear on the list of electors placed in the possession of the
managers in each precinct and no others, except as otherwise provided in this article, shall be
allowed to deposit their ballots according to law at the precinct in which they are registered.

Even if we were to assume that the 1993 NVRA somehow sanctions people to lie about their
residency in order to obtain and then cast an illegal ballot, that position is directly contradicted
in the “Prohibited Acts” section of the Voting Rights Act:

§10307. Prohibited acts

(c) False information in registering or voting; penalties

Whoever knowingly or willfully gives false information as to his name, address or period of
residence in the voting district for the purpose of establishing his eligibility to register or vote,
or conspires with another individual for the purpose of encouraging his false registration to
vote or illegal voting, or pays or offers to pay or accepts payment either for registration to vote
or for voting shall be fined not more than $10,000 or imprisoned not more than five years, or
both: Provided, however, That this provision shall be applicable only to general, special, or
primary elections held solely or in part for the purpose of selecting or electing any candidate
for the office of President, Vice President, presidential elector, Member of the United States
Senate, Member of the United States House of Representatives, Delegate from the District of
Columbia, Guam, or the Virgin Islands, or Resident Commissioner of the Commonwealth of
Puerto Rico.

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(d) Falsification or concealment of material facts or giving of false statements in matters within
jurisdiction of examiners or hearing officers; penalties

Whoever, in any matter within the jurisdiction of an examiner or hearing officer knowingly and
willfully falsifies or conceals a material fact, or makes any false, fictitious, or fraudulent
statements or representations, or makes or uses any false writing or document knowing the
same to contain any false, fictitious, or fraudulent statement or entry, shall be fined not more
than $10,000 or imprisoned not more than five years, or both.

When a voter lies about where they live in order to fraudulently obtain and then cast a ballot,
that is also arguably a felony under both OCGA 21-2-562 and OCGA 21-2-571, and if a poll
worker knowingly allows that to happen, that also appears to be a felony under OCGA 21-2-
590.

Please understand, I am not calling for mass prosecutions here because many of these voters
are unaware of these laws, but we cannot fix a problem until and unless we admit we have
one, and we have a big one. If a court ever rules these issues constitute “Systemic
irregularities”, as the court could have done had President Trump’s case been heard, we could
see a major election tossed out.

Alternatively, if a court ever takes Ryan Germany’s position on these issues, and says many
thousands of unqualified voters must be permitted to cast ballots in their former counties,
then as I have explained previously in this email we will then have large numbers of voters
casting ballots in counties and voting districts they do not live in for candidates who no longer
represent them. I have helped litigate these kinds of issues in court before, and when voters
are subpoenaed and sworn in, and admit they don’t live in the county or voting district where
they cast a ballot, judges tend to rule their votes were not lawful.

I am currently in the middle of redoing my 2020 analysis for the 2022 election. That analysis
shows 637,456 changes of address. Over half of those voters appear to have already been
placed on inactive status following the Secretary of State’s routine list maintenance
procedures. About 270,000 of the 637,456 changes of address were to out of state addresses,
which is in line with what I saw in 2020. Of the in-state changes of address, the data indicates
that we had roughly 168,000 voters on our voter rolls who filed changes of address to new
counties here in Georgia more than 30 days before the election but failed to reregister
there. Over 25,000 of them appear to have voted in the 2022 general election in their old
counties.

I will continue to monitor changes to those records, just as I have done with the 2020
analysis. These issues will no doubt be back for the 2024 election if action isn’t taken, and I
will then be repeating this analysis again. I am not letting this go until the problem has been
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adequately resolved. I’d rather see us take action to help voters preserve their right to vote
than have poll workers out there explaining to them why they can’t. Towards that end, I see
several ways to help prevent these issues so people can vote, vote legally, and vote for the
candidates who actually represent them:

(A) The 1993 NVRA requires a Secretary of State to notify voters who have changed
jurisdictions about how they can update their registrations. So, I see no reason the SOS
can’t proactively do the same analysis I did ahead of each election, and then mail those
voters to encourage them to take a few minutes to go online and make sure their
registrations are current before the deadline to register for an election. That does not
constitute “List maintenance” under the 1993 NVRA because the updates would be
initiated by the individual voter, not by the county or by the state. So, let’s pass
legislation requiring this be done.

(B) Since the vast majority of these kinds of votes are cast in person, we should enact
legislation requiring the Secretary of State to transmit that change of address
information to the counties by flagging the records of voters who ignored those notices.
That way poll workers can more pointedly inquire about their residency when they
come in to vote.

(C) We should update the 1993 NVRA to require the analysis and notifications described
above, more active voter data maintenance, and mandate membership for all states in a
voter data clearinghouse like ERIC to detect voters registered in more than one state.

(D) We should put some teeth into OCGA 40-5-33, and then have the Department of Driver
Services routinely run NCOA and send out notices to drivers who filed changes of
address to remind them of the law and to ask them to make sure the address on their
driver’s license is their current permanent address. We could pay for the program by
issuing fines to people who fail to comply. Since approximately 97% of Georgia voters
hold driver’s licenses, that will go a very long way towards fixing these
issues. Additionally, that will also help counties to collect ad valorum taxes they are
rightfully due, help make people involved in traffic accidents easier to locate, and help
ensure insurance companies are using the correct actuarial tables. As an example, I
would assume a person who moves from Liberty County to Fulton County is far more
likely to get car jacked, have their vehicle stolen, or become involved in an accident.

Thank you for taking the time to review these issues. Please let me know if you have
questions, and if you and/or the rest of the board would like to review the data I gave the

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Secretary of State’s office, please let me know and I will get it to you and/or present it in
person to the board so I can explain the record layout and what the data is showing us.

Sincerely,

Mark Davis

Mark Davis
President
Direct: 470-242-0734
Fax: 678-496-3889
Cell: 404-435-0217
mark.davis@dataproductions.com

325 Wesfork Way

Suwanee, GA 30024