STATE BOARD OF ELECTIONS AGENDA DATE: June 27, 2017 LOCATION: Senate Room 3, Virginia State Capitol Richmond, Virginia TIME: 10:30 a.m. I. CALL TO ORDER James B. Alcorn SBE Chair SBE Board Members II. APPROVAL OF MINUTES III. COMMISSIONER’S REPORT Edgardo Cortés Commissioner IV. OLD BUSINESS A. Certification of Electronic Pollbooks Matthew Davis Chief Information Officer B. Campaign Finance Complaints Elizabeth Howard Deputy Commissioner i. Brandon W. Howard ii. Joe Lindsey for Senate iii. Awareness Manassas PAC iv. Daniels Committee v. Ellen Robertson vi. Friends of Candidate Coleman vii. Hassan J. Fountain for 3rd District viii. Singh for Mayor ix. Glenn Perry, Sr. x. Morrissey for Mayor V. NEW BUSINESS A. Certification of June Primary Election Ellen Flory Elections Administrator B. Ballot Order Drawing Ellen Flory Elections Administrator C. Petition Signature Insufficiency Appeal Arielle Schneider Lead Policy Analyst i. Ellennita Hellmer VI. OTHER BUSINESS & PUBLIC COMMENT VII. ADJOURNMENT NOTE: During the discussion of each topic there will be an opportunity for public comment. Anyone wishing to discuss an issue not on the agenda will be allowed to comment at the end of the new business section. All materials provided to the Board are available for public inspection under the Virginia Freedom of Information Act upon request. 1 Index State Board of Elections June 27, 2017 Memorandum Page Materials Packet 1. Awareness Manassas p. 2 §3 pp. 16-30 2. Daniels Campaign p. 3 §4 pp. 31-36 3. Morrissey for Mayor p. 4 §9 pp. 75-82 4. Ellen Robertson for 6th Dis. p. 5 §5 pp. 37-48 5. Friends of BJ Brown p. 6 §11 pp. 107-112 6. Friends of Candidate Coleman p. 7 §6 pp. 49-56 7. Friends of Team Manassas p. 8 §7 pp. 57-61 8. Hassan J. Fountain for 3rd Dis p. 9 §8 pp. 62-74 9. Joe Lindsey for Senate p. 10 §2 pp. 9-15 10. Linwood W. Johnson III p. 11 §1 pp. 2-8 11. Singh, Mayor in 2016 pp. 12-13 §10 pp. 82-106 2 Memorandum To: James Alcorn, Chairman; Clara Belle Wheeler, Vice Chair; Singleton McAllister, Secretary From: Department of Elections Date: June 16, 2017 Re: Alleged Violation of Chapter 9.5 of Title 24.2 – Awareness Manassas Alleged Violator: Awareness Manassas, registered as a Political Action Committee Heather Rice, Treasurer Background: Steve Hersch submitted a complaint to ELECT. The complaint alleges that “Awareness Manassas PAC violated § 24.2-956.1 by distributing by mail 9,675 pieces of print media advertising (3 mailings, each consisting of 3,225 pieces) that opposed the election of one or more clearly identified candidates without the sponsor stating whether the advertisement was authorized by a candidate.” Timeline: Thursday, October 27, 2016 – Alleged mailing date of the “hiding records” piece. Monday, October 31, 2016 – Alleged mailing date of the “Corruption” piece. Wednesday, November 2, 2016 – Alleged mailing date of the “Sebesky” piece. Tuesday, November 8, 2016 – Election date mentioned in “Sebesky” piece. Thursday, February 16, 2017 – Steve Hersch submitted a complaint to ELECT. Monday, May 1, 2017 – Heather Rice responded to the complaint Materials: See Materials Packet – Section 3, Pages 16-30 - Complaint – Pages 17-22 - “Mailings” – 23-25 - Notice of Public Meeting, April 20, 2017 – Page 26 - Notice of Continuance, May 5, 2017 – Page 27 - Notice of Public Meeting, June 13, 2017 – Page 28 - Response to the complaint from Awareness Manassas – Pages 29-30 Public Hearing: “The State Board, in a public hearing, shall determine whether to find a violation of this chapter and to assess a civil penalty.” – The Code of Virginia, § 24.2-955.3(D). 1100 Bank Street Telephone: (804) 864-8901 Washington Building – First Floor Richmond, VA 23219-3947 Toll Free: (800) 552-9745 www.sbe.virginia.gov TDD: (800) 260-3466 [email protected] Fax: (804) 371-0194 3 Memorandum To: James Alcorn, Chairman; Clara Belle Wheeler, Vice Chair; Singleton McAllister, Secretary From: Department of Elections Date: June 16, 2017 Re: Alleged Violation of Chapter 9.5 of Title 24.2 – Daniels Campaign Alleged Violator: Daniels Campaign, registered as a Campaign Committee Dorian O. Daniels, Treasurer Dorian O. Daniels, Candidate for Richmond City Council, 3rd District Background: Joanne Sanders submitted a complaint to ELECT alleging that a few “candidates in the City of Richmond,” including Dorian Daniels, had “campaign materials” that did not “includ[e] the required campaign disclosure statements.” The complaint included photos of “signage, billboards, tee-shirts, lawn signs, palm cards, brochures, etc.” One of these photos appeared to name Mr. Daniels. Timeline: Thursday, July 28, 2016 – ELECT received a complaint from Joanne Sanders. Monday, August 22, 2016 – ELECT notified candidate of complaint. Tuesday, November 8, 2016 – Election date indicated in a photo in the Sanders complaint. Materials: See Materials Packet – Section 4, Pages 31-36 - Complaint and “campaign material” – Page 32 - Notice of Complaint, August 22, 2016 – Page 33 - Notice of Public Meeting, April 20, 2017 – Page 34 - Notice of Continuance, May 5, 2017 – Page 35 - Notice of Public Meeting, June 13, 2017 – Page 36 Public Hearing: “The State Board, in a public hearing, shall determine whether to find a violation of this chapter and to assess a civil penalty.” – The Code of Virginia, § 24.2-955.3(D). 1100 Bank Street Telephone: (804) 864-8901 Washington Building – First Floor Richmond, VA 23219-3947 Toll Free: (800) 552-9745 www.sbe.virginia.gov TDD: (800) 260-3466 [email protected] Fax: (804) 371-0194 4 Memorandum To: James Alcorn, Chairman; Clara Belle Wheeler, Vice Chair; Singleton McAllister, Secretary From: Department of Elections Date: June 16, 2017 Re: Alleged Violation of Chapter 9.5 of Title 24.2 – Ellen Robertson for 6th District Alleged Violator: Ellen Robertson for 6th District, registered as a Campaign Committee Ellen F. Robertson, Treasurer Ellen F. Robertson, Candidate for Richmond City Council, 6th District Background: Alex Parker submitted complaints to ELECT alleging that he received “campaign mail” and a “flyer” that “[did] not disclose who paid for [them].” Attached to the complaints were photographs of the materials in question. Timeline: Saturday, September 24, 2016 – Postmark on the Robertson letter. Thursday, September 29, 2016 – Complaint submitted to ELECT. Friday, September 30, 2016 – ELECT notified candidate of complaint. Saturday, October 15, 2016 – Follow-up complaint submitted to ELECT Tuesday, November 8, 2016 – Election date stated in Robertson letter. Materials: See Materials Packet – Section 5 – Pages 37-48 - Complaint - Page 38-39 - “Campaign Mail” – Pages 40-42 - Follow up Complaint – Page 43 - “Flyer” – Page 44 - Notice of Receipt of Complaint, September 30, 2016 – Page 45 - Notice of Public Meeting, April 20, 2017 – Page 46 - Notice of continuance, May 5, 2017 – Page 47 - Notice of Public Meeting, June 13, 2017 – Page 48 Public Hearing: “The State Board, in a public hearing, shall determine whether to find a violation of this chapter and to assess a civil penalty.” – The Code of Virginia, § 24.2-955.3(D). 1100 Bank Street Telephone: (804) 864-8901 Washington Building – First Floor Richmond, VA 23219-3947 Toll Free: (800) 552-9745 www.sbe.virginia.gov TDD: (800) 260-3466 [email protected] Fax: (804) 371-0194 5 Memorandum To: James Alcorn, Chairman; Clara Belle Wheeler, Vice Chair; Singleton McAllister, Secretary From: Department of Elections Date: June 16, 2017 Re: Alleged Violation of Chapter 9.5 of Title 24.2 – Friends of BJ Brown Alleged Violator: Friends of BJ Brown, registered as a Campaign Committee BJ Brown, Treasurer BJ Brown, Candidate for Virginia House of Delegates, 31st District Background: Bob Watson submitted a complaint to ELECT alleging that a “campaign card” was presented to Prince William County Republican Committee Chairman, Dottie Miller. The complaint further alleges that “Ms. Brown’s campaign card” did not contain “any statement as required in § 24.2-956.” The complaint included a photograph of the front of the “campaign card” and a note that that the “reverse side of the card is blank.” Timeline: Wednesday, February 8, 2017 – Ms. Miller allegedly received Ms. Brown’s “campaign card.” Monday, February 27, 2017 – Ms. Brown allegedly handed out more “campaign cards.” Thursday, March 2, 2017 – Bob Watson sent his complaint about Ms. Brown to ELECT. Saturday, May 13, 2017 – Presumed date of mass meeting. Materials: See Materials Packet – Section 11, Pages 107-112 - Complaint – Pages 108-110 - Notice of Receipt of Complaint, April 5, 2017 – Page 111 - Notice of Public Meeting, June 13, 2017 ELECT – Page 112 Public Hearing: “The State Board, in a public hearing, shall determine whether to find a violation of this chapter and to assess a civil penalty.” – The Code of Virginia, § 24.2-955.3(D). 1100 Bank Street Telephone: (804) 864-8901 Washington Building – First Floor Richmond, VA 23219-3947 Toll Free: (800) 552-9745 www.sbe.virginia.gov TDD: (800) 260-3466 [email protected] Fax: (804) 371-0194 6 Memorandum To: James Alcorn, Chairman; Clara Belle Wheeler, Vice Chair; Singleton McAllister, Secretary From: Department of Elections Date: June 16, 2017 Re: Alleged Violation of Chapter 9.5 of Title 24.2 – Friends of Candidate Coleman Alleged Violator: Friends of Candidate Coleman, registered as a Campaign Committee LaTorrie Hammock, Treasurer Milondra B. Coleman, Candidate for Richmond City Council, 3rd District Background: Joanne Sanders submitted a complaint to ELECT alleging that a few “candidates in the City of Richmond,” including Milondra Coleman, had “campaign materials” that did not “includ[e] the required campaign disclosure statements.” The complaint included photos of “signage, billboards, tee-shirts, lawn signs, palm cards, brochures, etc.” Some of these photos appeared to name Dr. Coleman. Timeline: Thursday, July 28, 2016 – ELECT received a complaint from Joanne Sanders.