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Notice of Filing, Excerpts of Deposition Transcripts Eleanor Bailey deposition, 11/30/2000 [clerk, Seminole County elections office] Q: Let me ask you this question. If you got an absentee ballot request card that came across your desk, would you key in the last name in your computer when you started to process it, is that what you did? A: Right. Q: And did that cause the program to pull up other information? A: By keying in the last name? Yes, sir. Q: And it would be a voter identification number? A: Yes. Q: And if that voter identification number that was on your computer screen was different from the one that was on the absentee ballot request form, what would you do? A: You would take it a step further and check the first name, check the address, look for more common factors in it. Q: So you wouldn’t set it aside if the voter I.D. number was different? A: You would first check it more so. Q: And then was it up to you to decide what to do even though some of the information was right, some was wrong? Was it your responsibility to make a judgment about whether to go ahead and send a ballot out? Did you talk to somebody about it? A: Are you talking mainly of these type? Q: Any type. A: Any type? No, I would go and ask someone for assistance. Q: What about the type II-C? What about that type, II-C, the document you are looking at [forms with voter I.D. numbers filled in by Michael Leach]? A: Okay. Q: What would you there if the voter identification number was different on the form than it was on your screen? A: Okay. Well, since it’s a scrambled registration number, we knew to go and check the names and then verify other identifications on it as well. Q: Well, were the numbers that Mr. Leach was – [question withdrawn]. Q: Do you know if Mr. Leach was writing numbers on the cards? A: From what I was told, yes. Q: Was he writing scrambled numbers on the card as far as you know or was he writing correct numbers on the cards? A: Scrambled. Q: The numbers he was writing were scrambled? A: Yes. Q: Did you receive any instructions from Ms. Goard or anybody else with respect to the numbers he was writing on the card? Did you get any instructions about what to do with numbers that he had written down that were scrambled? A: With the numbers, no, not that I remember. Q: Did Ms. Goard tell you how to process these particular kinds – the type that we are talking about, II-C. Did Ms. Goard or anyone else give you any particular instructions about how to process these in the way that was different from other kinds of request forms? A: On these we were told to mainly go by the names, the addresses and other identifying, because of the fact that the registration number wasn’t scrambled, so we couldn’t use the registration number. . . . Q: Let me show you what’s been marked as plaintiff’s exhibit II-D [forms not from the GOP mailing]. These are two different ballot request forms on the same page. I represent to you that the handwriting and the name, address, the date of birth, all the fields are in blue pen, but in the top left, is black pen where it says, NO I.D. A: Okay. Q: Do you recognize the handwriting of the person who wrote no I.D.? A: No, I don’t. Q: Do you see on this form that the voter identification space is blank? A: Yes. Q: And if you received a form like this, would you process it or set it aside? A: I would have set this aside. Q: Do you have any instructions so that when you got a form like this you wouldn’t just go ahead and check the address and the name and process it if other things sort of checked out but you would set it aside. A: Right. . . . Q: Let me amend it. The treated form of the type that are marked II-C, the Republican forms, were you told to treat those differently with respect to scrambled voter identification numbers? A: Yeah, basically. . . . Q: Other than the Republican cards, which is what we’ll call II-C, other than the Republican cards, leaving those aside, if you got a form like II-D that didn’t have a voter I.D. number on it, you didn’t just process that; you set it aside, right? A: Correct. Q: And the Republican forms were treated differently, right? A: Right. … Q: And one last question. You were asked about a general rule with respect to voter identification numbers that were scrambled. Is it your testimony that the only scrambled voter identification numbers appeared on forms of the type that have been labeled II-C. A: That I have done, yes. Deposition of Dennis Joyner, 11/30/2000 [Assistant Supervisor of Elections, Seminole County] [He said that no staff, only Michael Leach, filled in any info on absentee ballot requests forms.] Q: Did you segregate the Republican request forms, the ones that were identified as part of the mass mailing, by the Republican Party separate from other absentee ballot request forms? A: Yes. Q: And at whose instructions did you do that? A: Ms. Goard. Q: Did she tell you why she wanted you to do that? A: No, we were to separate them, and those that did not have the number on them, you know, we were to give them to Michael. . . . [About 20-30% had the number on it in the GOP mailing.] [No change in procedures were made after Bob Poe complained 11/30.] Q: When Mr. Leach filled in information on the cards, and they were then – who then picked them up from Mr. Leach? A: I did. Q: And when you picked them up, did anybody go back to verify that the voter identification numbers that he put on there were accurate numbers? A: We basically used the address. Q: So the answer is no, you did not verify to make sure that the number he then put on there was correct; is that right? A: Yes. Q: So you have, in effect, if he put a number on there, you don’t know whether that was the correct number for that voter, or a bogus or incorrect number, do you? [Young objection] Q: Do you? A: The number was looked at , you know, I mean all the staff was told to look at the number. Q: Do you know whether anybody looked, once it came back the number on there, do you know that anybody looked at it to check – A: No. Q: That it was accurate for that voter. A: No. Q: Was there a policy that if someone asked for a voter identification number from this office that that would not be given out. A: It was not given out. Testimony of Bonnie Eaton, Seminole Elections Office clerk, page 17, line 9, as quoted in the trial transcript (http://199.44.225.4/courtDockets/pdf/CV-00-2816-89.pdf): Q: As part of your responsibilities as a clerk in this Office of Elections, were you instructed that the voter registration number was a very important piece of information? A: Yes. Q: And you were told that if that number was incorrect, you could not process the application form. A: Correct. Q: And did you always follow that instruction? A: Yes.
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