Elections Commission Meeting - October 8, 2024

e e okay thanks morning Ralph good morning can we test your audio? Were you talking with me? Yes, yes. I just wanted to test your audio and video. Thank you. Okay, good morning. I cannot hear Jezelle. Oh, I'm so sorry. My mic was far away. Um, Commissioner Papal Liu, can we test your audio and video please? I see your video. Can you unmute please? There we go, thank you. Okay, got it. Thank you for...

Hello Ralph, good morning. It's 9:00. Call the meeting to order. Gelle, would you do a roll call please? Yes, Chair Curtis here. Commissioner Andrean is excused. Commissioner Aino present. Commissioner Kishni here. Commissioner Kuada is also excused, as well as Commissioner McAdam. Commissioner AER Camp here, Commissioner Papal Liu here, and Commissioner Young here. Okay, you have quorum, Chair.

Thank you, ma'am. Um, discussion on the roll call, the discussion, and decision-making on response to the Sunshine Law complaint. Uh, there a motion? Discussion, what do you think about the complaint?

CH Cour, I have a point of order. Yes, sir. Um, we're supposed to allow public testimony. We will once we have something on the floor. I'm encouraging commission discussion first. We will allow public discussion and input after we receive your input.

Um, Chair, the normal order is to have the testimony first, and then we can hear what the public has to say, and then we can go from there.

Uh, Chair Curtis, yes. Uh, so I will say, uh, Commissioner Kushy is partially correct. Normally, there is a presentation of the matter by someone like a staff member, then a public testimony, and then board discussion.

Okay, would you like me to do a presentation? Yes, please.

CH, I have a point of order. Which what rule am I not following now? I'd like to know why we're relying on the AG right now. We've asked him three questions in the last meeting. Today we're talking about the Sunshine Law...

You're out of order, and if I you're out of order. Mr. Y, you have the floor. Thank you.

Um, this is to provide the commission with some information as to the matter currently on the agenda. As many of you know, just said that we're all on the same page. On August 27th, 2024, the elections commission held a meeting although members of the public reported a meeting link failure. I had understood at the time that the link had been fixed prior to the meeting. In my mind, that meant that the link was published with the agenda.

Um, that I'm sorry that the link published with the agenda was now working. After the meeting, I discovered that the link that was published with the agenda had been changed, not fixed. The new link was working, but the old link did not.

On September 18th, 2024, the office of information practices sent a letter to the elections commission asking for a response to a complaint that the link did not work and that there was a violation of chapter 92...

Point of order! Point of order! You're out of order! The last meeting, the Deputy... Out of order! Mr. Finish! No, Mr. has the floor! You're out of order! You're out of order! One more time I'm gonna reject you from the meeting!

The point of order is interruptible. I say if you continue, I'm going to eject you from the meeting as is my authority. Mr. Y has the floor. The point of order is interruptible. I finish.

Of course, after I'm done, anyone can correct me on any matter they think that I mistaken about. The point of order is... On September 18th, 2024, the office information practices sent a letter asking for a response to a complaint that the link did not work and that there was a violation of chapter 92 Hawaii Sunshine Law.

Um, a response was requested within ten business days which would be October 1st, 2024. Consequently, on September 30th, I got an extension for the response to November 14th, 2024 in order to allow the commission to respond on a timely basis.

My conclusion, um, for your information is that the agenda did not meet the requirements of chapter 92 because the published agenda did not contain a working link in violation of HRS section 9237. Consequently, the motions passed by the elections commission at the August 27th, 2024 meeting are void pursuant to HRS section 9211.

My recommendation is that you authorize us to draft a letter for the chair's signature that the meeting link was broken, that we agree that the Sunshine Law had not been followed, that the elections commission will treat all motions passed at the August 27th, 2024 meeting as void, and that these matters will be placed on the next or on an appropriately noticed agenda at the next meeting.

Public testimony will again be received, and board discussion and a vote will be again held for your information. Our office will be prepared to provide a response at the December meeting if the motions are passed again, so an additional delay for an answer will not be necessary.

That concludes my presentation, Chair. Thank you. Chair, what rule am I not following now? In the last meeting, the Deputy Attorney General specific.

Your point of order is regarding rule of the agenda. What rule am I not following? The Deputy Attorney General was not asked by the comm. What rule am I not following is your point of order? The Deputy Attorney General was not asked by the commission to do this work in the last meeting. He specifically told us that's not out of order, you're out of order, Ralph!

We'll continue with a public discussion.

Um, I have a question! Yes, ma'am. Um, okay is the AG going to go through the agenda of the meeting that is in violation to let us know what motions who's going to give us the motions that were made and passed or made and failed so that we know what's going to be coming up on the next agenda? Or do I need to go back and do that myself?

We'll have that on the agenda. It is a matter of public record what motions were passed and not passed. He said we're going to address the motions passed at the last meeting again to see if they're still valid.

Last meeting, last meeting was not valid. We'll vote. We'll consider everything we considered at the last meeting at the next meeting at the December 18th meeting that's tentatively scheduled.

I have one more question. During that meeting, it was requested that we pause to get the link repaired and to send out the new link. We had requested that of you, of the chair, to pause the meeting so that we could get the new link sent out, and you did not do that. You did not want to do that. You did not want to pause the meeting. Was there a reason for that?

Um, I see that as I'm not going to say it's – it's... I just think maybe that would have prevented a lot. Let me short circuit this. I would entertain a motion.

Excuse me. To avoid the last meeting because of... She has the floor. Let her talk. No, I'm suggesting that we entertain a motion from the commission to acknowledge that the last meeting was not properly noticed and will be null and void because of the Sunshine Law violation.

You violated the Sunshine Law! I would entertain that motion. No! I would entertain a motion from the commission to avoid the last meeting because of the Sunshine Law violation.

No, here's the deal. We're gonna... a motion. The motion, if you interrupt again, I'm going to eject you from the meeting as is my authority, and then you won't have a forum. I would entertain a motion to avoid the last meeting.

I would like of the Sunshine Law violation, Chair! I will – I'll move. Thank you, Jeff.

So the motion was to void the last meeting because of our Sunshine Law violation. Is there a second? I'll second.

Okay, now we can have discussion. Is there any public discussion on this motion? We're not going to discuss anything else other than the lack of validity of the last meeting because of the Sunshine Law violation. Now Jazelle, would you list the speakers and entertain discussion from the public? Yes, okay.

Um, if you would like to testify please click raise hand under reactions on Zoom. If you are joining us by phone, press star 9. When recognized, please unmute your microphone before speaking. You may also turn on your video at this time. For the record, please state your first and last name and the items you will be testifying on. To ensure that we will have sufficient time to hear all testimony, each testifier will have three minutes to testify. Once your time has expired you will be asked to conclude your remarks.

The first testifier is Andy Crossin followed by Kina Campbell. As I typically do in my testimony these meetings, I will begin with a short video to refresh everyone's memory of what happened during the last meeting.

Excuse me. Oh, sorry, I'm the chair. I apologize. You're out of order, Chair! I moved to find out if there's an issue with the link. You're out of order! Have the next speaker, please.

Crin, if this does not address the Sunshine Law violation of the last meeting, this is evidence of it. Shut your mouth, Mike! We've acknowledged it! If you want to talk about the Sunshine Law violation, I'd be happy to hear it!

While talking it, while we're talk... Thank you. Correct links up on the website!

Point of order, what's your point of order? Is the link fixed? Can you clarify that for everybody? Is the link fixed before the meeting started?

Mr. CH, point of privilege, you're out of order. I'd like to make a motion to end out – it's a motion. Second and third this is your CIC. Excuse, you're out of order!

I just want to... I want to add to Commissioner... Thank you. Mr. He said, "Yes." Out of giving him time to express himself. Chair, that's right, I'm calling – as chair of the commission, I control a meeting. That's the end of my agenda.

We are – the meeting is supposed to vote so the commission should know that this video of Chair Mike Curtis's actions has been viewed by hundreds of thousands of people on social media as well as multiple other videos of his actions.

The consensus of We the People is very clear. Chair Mike Curtis must be removed from his position.

I'm talking about last specific topic – Sunshine Law violation! Mike, stop interrupting me! Now, on the Sunshine Law violation which occurred during the last meeting on August 27th, as I'm sure you can see, this violation is indefensible, and the evidence submitted with the complaints is conclusive.

To put it simply, the Zoom link was changed without any notification, and Mike Curtis repeatedly ignored the concerns from numerous testifiers for over an hour. Furthermore, section 9213, and this is very important of the Sunshine Law, specifically states that any person who willfully violates the Sunshine Law is guilty of a misdemeanor, and may be removed from the board.

I will remind the commission that Chair Mike Curtis's actions during the last meeting are not an isolated incident. He continually abuses his authority and disobeys Rules of Order. He ignores the motions and rights of other Commissioners, and he abdicates the commission's authority over Scott Nago in the office of elections, which has allowed Scott Nago to continue his dubious maladministration of our elections process in Hawaii.

So in light of all of this, I strongly urge today, and I hope everybody's listening on the commission here, that the Commissioners today take a vote of no confidence in the chair so that this commission may elect a new chair who will uphold their oath of office. That is all. Do it today!

Thank you, Mr. Crin. I move to have the chat enabled. The next speaker...

I move to have the chat enabled. The next testifier is Kelina Campbell, followed by Doug Pasnik.

Chair, point of order! The chat is disabled. Please enable the chat as part of the Sunshine Law interaction between the public. The next public speaker, please!

Hi, this is out of order, Chair! The chat is disabled! It needs to be enabled! The Sunshine Law requires that the public have interaction with each other!

Chair, would you like to rule on my point of order? Uh, Mr. Y, do we have to put chat on, or should we put chat on?

No, the office of information practices has specifically stated that the chat does not need to be enabled. Thank you! Next speaker, I move to have the chat enabled!

A second! The next speaker, please! We have a motion and a second!

Chair, you're out of order! We have a motion and a second! It belongs to the body! Out of order! We have a motion, Speaker! The next public speaker, it belongs to the chair! You do not have the floor! If you interrupt again, you may be ejected from the meeting! The next speaker, please!

This is Kina Campbell. Thank you! Do I have three minutes to speak freely without interruption as a voice of we the people?

As long as you're talking about the Sunshine Law violation of the last meeting, this is all a violation of the sun. Yeah, thank you!

I'm really, really appalled at the way we're treating each other. We're living men and women; we want the same thing. We want betterment for the people, for the land. What are we doing here? Stop!

How is it possible for you to want to cancel all the meetings until after the election because quote it was a distraction, as you told me over the phone, and then hung up on me?

Numerous issues have been left unanswered after the August 27th meeting. I would like the Election Commission in writing to address the following issues:

I'm concerned about the link that was switched the morning of the meeting. It is the highest ever interest in the meetings. What are we doing? Let's bring the people in! I pray for you!

I do think automatic notifications were not resent with the proper link. Chair Curtis, you were asked over 10 times by Commissioners and testifiers to address the changed link. Each time, Mike Curtis, you ruled the inquiries were out of order.

How can this be out of order under the Sunshine Law? Deputy Attorney General Ye, you sat next to Mike Curtis in the meeting, and you did not address the issue either. What is going on really?

You guys, my heart hurts! It hurts! Can you choose to only address the Sunshine Law violation with over 400 people signed up for notifications?

Please tell us why the following items are not on the agenda:

Number one, I would like you to answer in writing if the CEO has the authority to change the voting method to an in-person day of voting, IDs required, no machines in the precinct, hand-counting the paper ballots.

Number two, answer the question of primary ballot constitutionality and follow up in writing within five days.

Number three, please answer in writing the legality of writing a certificate of election for the governor and lieutenant governor prior to the 2020 election being certified. Scott Nago, I'm glad you're on the call.

Number four, no ballot box chain of custody. Counties do not keep Dropbox or USPS chain of custody contrary to law.

Number five. Thank you, Miss Campbell. Your time's up!

Let me finish! Let me finish! The next speaker had three minutes! The next speaker please...

Really?! God bless your soul, Chair Curtis! I pray for you! I do! Thank you!

Yeah! I'll yield my time to Kina to finish!

You have another three minutes! Signature verification is done in secret! If it's not transparent, it is not credible!

Hello? Six post-election audits are done with ballot images. Both Chair Curtis and Scott Nago admit ballot images can be manipulated. Audits must be done with original paper ballots.

It is your job to bring the truth to we the people! We need each other! We need truth! And we need justice to prevail!

Please, each of us have our Day of Reckoning! God bless!

Thank you, Miss Campbell. Of information, Chair! The next speaker please!

Out of information, Chair! The next speaker please!

I'd like to know why you won't enable chat! Are you afraid that people are going to communicate with each other?

This is your last warning, Ralph! If you interrupt again, I'm going to eject you from the meeting!

Answer the question! The agenda! Do people want to know? Enable the chat! No! There's enough information on my screen now that's contrary to decorum to prevent anything else!

The next speaker please! The next speaker is Doug Pasnik, followed by Tamara McKay.

Doug gave up his three minutes! I did, but I'd like to use what's left of my time, if possible!

And I just want to make one point! One point! One point!

Um, during that August meeting, you remember Doug Ye went on and on about whether the commission was aware of an agency appeal that was filed in the First Circuit Court?

I believe everybody that's on this is... This is about this Sunshine Law question!

Yes, sir! May I? Is this my time, or is it your time?

It's your time regarding the Sunshine Law violation of the last meeting! That's the end item today!

Can I finish? Can I finish? As long as you're speaking on the Sunshine Law violation of the last meeting!

I am speaking directly on – this is the last warning! If you butt in again, I'm gonna eject you from the meeting!

Miss Doug, go ahead! Thank you!

Commissioner Papal Liu, do you remember when you asked Mr. Curtis if he was aware of the First Circuit Court case?

You're off the agenda! I am not off the agenda, sir! Please let me finish! It's one question!

I do then! That's the question! Po the next speaker, please!

May I finish my point? Your point is not on the agenda!

My point is you lied, Mr. Curtis! I submitted testimony with an official documentation of a certificate of service that you received relevant to the First Circuit Court case, sir...

Are you the next testifier? Is Tamara McKay followed by iPhone?

Miss McKay... Miss McKay! The next speaker!

Next speaker is iPhone followed by Wallen Christian! Please state your name!

IPhone: Hello! I'm sorry, uh, my name isn't on my U-iPhone identification. I'll have that corrected for the next meeting!

Thank you for your time! Chair, I'm enjoying the show right now and all the comments the we the people are making, but regarding the Sunshine violation, I believe that the Sunshine violation was violated.

However, we shouldn't consider the August meeting null and void; rather, this problem should be addressed and people must be held accountable for what happened last month regarding the Sunshine Law violation. Um, it doesn't happen again!

I rest! Thank you for your time! Mahal!

I concur! Thank you, iPhone. Next speaker!

The next testifier is Wallen Christian followed by Matt.

Miss Christian, good morning everyone!

Good morning! Um, okay regarding this issue, the Sunshine Law, what's happening right now is we see a dictatorship happening, Mr. Curtis.

I've never met you in person. However, what I've seen on these meetings, you have stepped out of your authority and you've ruled over the people.

As a question was brought last time when we had the meeting, I tried to get in immediately and the website, the link was not correct. I did hear once I got on because I did testify at the last meeting that a number of board members as well as constituents were asking for this link to be fixed and yes, you did break the rule on that.

You did not stop the meeting. You did not pause the meeting to go ahead and get that corrected! Please remember this, board members.

Commission board members, you folks speak for the people! Right now, what we're seeing is we're not seeing that. What we're seeing is you folks are taking control!

You're taking control of what we are asking for, we the people, and that needs to change. Unfortunately, I do agree with the majority of the people asking that Chair Curtis be removed from his seat and that we have another person in there who will actually speak for the people.

I do appreciate those board members who are speaking up for the people. In my last testimony, I am one of... I'm the one that spoke about the validity of the primary ballot.

I will not go into that because this is about Sunshine Law, but I do want to speak about that at a later time during this meeting. I did ask for that. That needs to be addressed. The Attorney General, Mr. Y, said that he would check into it and get back to us. That has not been done!

So where are we going with this? Are we picking and choosing what we address? That's an issue because now the people – the people's voices are being squashed by you, Mr. Curtis, because you keep telling people they are out of order; that we need to move on; that you just dubbed Doug!

You silenced him when he was trying to speak his voice. Like, why are you in that seat? Are you in that seat for power and control? Are you in that seat for the people? You need to seriously ask yourself that question!

We all know the answer, but I do believe that you do need to step down. Mr. Nago, I hope that you are forwarding with the in-person voting. I hope that goes through.

Um, I'm getting a little emotional, so I'm going to stop here so that I stick to the facts and not emotions, and I hope I get to testify again later today.

Thank you so much!

Thank you, Miss Christian. The next testifier is Matt followed by Jamie Thayer.

Matt? Once, Matt? Twice! Next speaker, please!

Okay, the next testifier is Jamie Deweer, followed by Carl Dicks. Good morning, Jamie!

Good morning, Chair! Thank you for this opportunity to testify.

Um, I too am concerned about the lack of compliance with the Sunshine Law during the last meeting.

Um, I'd like to just speak to post-election audits which are related to the Sunshine Law. I don't want us to lose sight of every step of the election process and I don't want the post-election audit specifically to lose any traction that we may have gained.

Point of order! This is not about the Sunshine Law. Thank you, Jamie! Continue.

Uh, this is everything about Sunshine Law; it's transparency! Yes!

So I agree with the previous speakers and the people's voice needs to be heard! Thank you!

Thank you, Miss Deweer. Next, the next testifier is Carl Dicks followed by Phil Ison.

Mr. Dicks, you're still muted. There you go!

Oh, there you go! Aloha, Mr. Chair!

Um, yes, the last meeting was a violation of the Sunshine Law, and there's been previous violations of the Sunshine Law, and it's repeating and it's happening over and over, and nobody does anything to hold accountability for the Sunshine Law and other laws that are being violated, and this needs to stop!

Every... I've been on every meeting since February, and there's been numerous violations of Sunshine Law, um, during the meetings and outside of the meetings.

Um, it's just got to stop! Um, we don't have an office of elections anymore! We really don't! And there's so many things being done in secret behind the scenes without the public's knowledge.

And I filed court cases about it, and the courts won't enforce it. There's zero enforcement, and there's multiple violations of all kinds of laws, Sunshine Law being one of them, and it's done... been done repeatedly. With that, I yield.

Thank you, Mr. Dicks. The next testifier is Phil Ison followed by Kathleen Stanley.

Mr. Ison, how you doing? Um, I just wanted to… I've been following this for about six months or so now, and, um, it's just becoming more and more unhinged.

And so like I, I do work in elections in a variety of states, not just in Hawaii, but I've never seen anything to this level in the entire time that I've been involved in politics.

ICS and I worked on U.S. Congressional races, U.S. Senate races, Governor races, multiple states, and I’ve never seen any Election Commission act like this. I've never seen people be treated this way.

If I was, uh, you know, if I was in a position of power like yourself, sir, I would probably step down primarily just because it doesn’t seem like you really care about what the people are trying to do.

You know, if you disagree with people that’s understandable, but the way you treat people seems that it appears that you don't really care what they have to say.

Even in this meeting today, you are fighting with your own commission, which is... it just shows a very poor professionalism as a leader! You never attack your own people! As a leader, you don't ever treat people the way you're treating people!

And so, like, I would say that just for your health reasons, I would say it’s probably in your best interest to remove yourself from the chair because this is obviously too overwhelming, and you're taking it far too personally!

Thank you!

The next testifier is Kathleen Stanley, followed by Gary Cordy.

Miss Stanley, good morning commission chair and members. I would like to urge the commission to vote in favor of the motion before them to redo the meeting of August 27th based on the advice of...

Thank you, Miss Stanley! The next testifier is Gary Cordy, followed by Tamara McKay.

Mr. Cordy: Thank you for this meeting. Glad that we were actually able to have it. My address this morning with regard to the Sunshine Law is to the rest of the commissioners.

It's become obvious – uh, it's become evident, the breakdown within the commission itself. I believe it’s the responsibility for the balance of the commissioners to stand responsible to exercise their own self-government to implement the Sunshine Law.

The ability for the trans – for the ability for the people to speak and dialogue with the commission about things that are important to the public at large.

I've noticed and recognized over the last several months a simple straight "I don’t know, no, or no response." This is not acceptable behavior for a public servant!

The Sunshine Law, as I know it, is actually designed to encourage participation between the public square and the governing officials, in this case, the office of elections, the elections commission.

I’m speaking to each commissioner on this thing, on this call today, and I’m asking you to ask this question: am I serving the public by remaining silent?

Chair Curtis, you're obviously in a very difficult position. You’ve dug your feet in, and you’ve decided that you’ll determine the nature of these meetings, and it is your responsibility to bring inclusion and transparency, not exclusion and indifference.

I implore you, Chair Curtis, to ask for honest feedback from the other commissioners about your leadership performance. And those of you who are hearing this and have feedback for the chair, that you would have the courage to actually speak the truth!

But what really lives in you? Is it indifference and unwillingness to hear hard feedback? Because I can tell you, the best feedback comes from your enemies, who will not hold back! They will speak the truth!

The fact that Chair Curtis, you summarily subject people to your intent and shut off their mics, tell them they’re going to be excused! You’ve threatened Commissioner Kushy a couple of times he’s going to be expelled from the meeting!

I would just say that your role as the chair requires you to find out exactly what's bothering Commissioner Curtis... I mean Commissioner Kush for the rest of you on this call. Please stand for the people!

Exercise self-government and courage, and if it means the removal of Chair Curtis, then so be it! I invite you, Chair Curtis, to repent. That's just the means! May rep me just change your ways! Just change! You can decide! You have the authority and the ability to change the way you relate. It is up to you!

Thank you! Will do that! Please resign!

Time's up! Thank you! The next testifier is Tamara McKay followed by Tara Malia.

Miss McKay, you're muted! You're still muted!

Can you hear me now? Yes, ma’am! Thank you, Chair!

And members, I urge you to vote in favor of the motion! I'm sorry, I forgot to add...

Yes, please continue!

Um, I was not allowed to be unmuted when I was called prior. Also, for the record, I'd like to point out, um, Mr. Curtis, that you have violated Robert's Rules of Order by not allowing a point of order!

Per Robert's Rules of Order, chapter 23, um, a speaker is allowed, um, it’s a mandatory recognition as a point of order!

So I would suggest you revisit or get Robert's Rules of Order training! In regards to my testimony regarding the Sunshine Law on August 27th, during a meeting that garnered unprecedented public interest, the link to the virtual meeting was switched the morning of the event.

Notifications with the corrected link were never sent out. The blatant disregard for public participation violated the Sunshine Law and undermined the trust of the people.

I find it convenient after hearing earlier testimony that the link was broke before the meeting and then found out after the meeting what the issue was! That’s no excuse! Commissioners and testifiers on multiple occasions asked Mr. Curtis to address the issue of the changed link.

Chair Curtis, you ruled that these valid concerns were out of order! Even more concerning, Deputy Attorney General Ye sat silent and failed to address the issue!

This is unacceptable! Complaints have been filed with the Office for Information Practices! But the fact is that we are here today with only Sunshine Law violations on the agenda! Others have been REMained ignored!

This again is a disservice to the people of the state of Hawaii that you are being paid on and supposed to be representing the taxpayers of this state!

Does the CEO have the authority to change the voting method in person with IDs required, hand counted ballots removing machines from the precincts?

These are additional items that we should be focusing on! Is the primary ballot constitutional? The Attorney General's office was asked to follow up with a written response and still that hasn't happened!

Was it legal to issue certification of the election for the governor and lieutenant governor before the 2022 election was even certified?

This pattern of incompetence and disregard for transparency has eroded public confidence in our elections and the leader of the Office of Elections as well as Scott Nago!

It is clear that neither Mr. Curtis nor Scott Nago is willing or able to safeguard the interest of the people! Therefore, as a representative of the public, I call for your immediate resignation!

It is the will of the people to have leaders in place who will ensure fairness, respect, integrity, and transparency in our election process! This is not a request, but a demand for accountability!

If our elections are to be trusted, we need competent and ethical individuals at the helm! The people of Hawaii deserve nothing less!

I yield!

Thank you, Miss McKay. The next testifier is Tara Malia followed by Kai.

Hello, Hakao! My name is Tara Malia. Can you hear me? Yes, ma'am, hello!

Um, thank you so much for having this! Uh, just regarding Sunshine Law, I concur with everyone who has spoken before, specifically Gary, Kina, and the last speaker!

Um, and I believe regarding the Sunshine Law, Phil did bring up a good point as well. You know, these are supposed to be meetings that are open, and the Sunshine Law is known, um, that the state and the County Board conduct their business appropriately a certain way!

So, from my experience, um, sir, with the way that you've conducted these meetings, that could also be open to interpretation by the way that you are speaking to people!

Um, as their leader, um, so the authoritative position you've taken is not speaking for the people at this point!

Um, so I will have to concur that there is a demand for accountability! Um, and that just for your own health, joyfulness, progress, servanthood, and just for a better Havi for us all, uh, that you do remove yourself!

Because according to the Sunshine Law, uh, violations to the Sunshine Law are considered misdemeanors and punishable by appropriate penalties.

I yield!

I have a point of order! Chair, what rule am I avoiding?

Chair, the testifiers are only allowed to testify on the Sunshine Law violation! The Commission in the June meeting voted to have... Excuse me! What rule? What rule am I not following?

When you make a point of order? What rule am I not following? You're limiting testimony of the public to only one item!

The commission made that's the agenda, and that's it! Listen to me! No, you're talking about Rules of Order, and there's no rule that I'm breaking! Now, the next testifier please!

The next testifier is Kai followed by B Jacobs.

Good morning, Chair! Thank you for the opportunity to speak! I, um, because of the broken link on the last meeting, I was not allowed to testify and I have something of utmost importance that I need help with from the commission and the DOJ in Hawaii.

There is election interference by a foreign national that's actually connected to several that are on this call right now because he was going by an alias; but they were fundraising for him!

I have all of the evidence! How do I get that testimony to the commission so that we can start an investigation on this?

Can you help me with that? You can write correspondence to the commission; that will be included in the next commission packet!

Thank you! You're welcome! I yield!

Thank you! The next testifier is B Jacobs, followed by Chris Neff.

Aloha! Um, my name is Belinda Jacobs, and I'm the founder and director of Christian Counseling and Research Centers of America, Proba to be based out of Hawaii.

Um, I wanted to let everyone know that the link on the Election Commission's page does show, um, I don't know if it's in its entirety, but I did watch at least the introduction of the deputy attorney Ye and some of the beginning of it.

So apparently there was some video of what happened for the August Election Commission's meeting.

Um, the Attorney General, Deputy Attorney General Ye did say he has no conflict of interest, um, holding his position, I guess, as an advisor to the Elections Commission's Commissioners.

Um, certainly, I would assume by your position and occupation you would have the interest of the Attorney General, which we've seen to be very problematic!

I would say it looks like Maricopa County in Arizona and other places where, uh, power looks like it ended up in, uh, looking like unscrupulous behavior!

Um, so that's my first point! Um, my second point is, I do have—we're a research—I’m a researcher, actually setting COVID standards demanding early treatment for COVID in the state of Hawaii successfully because our lieutenant governor, now Governor, is an MD!

And I interact with researchers; some of the problems we've had is crazy numbers on elections presented to Scott. He knows me well.

I actually used to run the computers for the elections. I'm a computer background; it was my own consulting company for the Office of Elections in the past, but there were numbers like for New Year's Eve.

What was it? 600 votes came in near Z were before the election even started! You know, things that made no sense! The team went into his office asking for explanations; nothing!

If this is communism, we already saw the commissions! I remember this vote of having commissions in the state of Hawaii and thinking there is no accountability!

You don't get to elect someone, elected appointed someone, and we don't like the result? Get him out of office! You know there's no accountability from the public!

That was the first alert as a young engineer remembering this; crossing my desk and voting no against these commissions. Most, just know particularly Maui commissions—the police chief!

I mean I'm not a mafia expert, but the fact that they demand more money sounds like a hit than the B.E. You know a hit Mafia type style thing!

Then the commission comes back with more money. This almost sounds so unscrupulous! You know, I don't know what's going on but no commissioners!

We will put you in jail and maybe go after personal finances if we find corruption! You're talking to someone that has successfully sued some of the top attorneys in the state of Hawaii and we are not playing games!

I will personally make sure they go after your own purse if you are not dotting every eye and crossing every T because if you take my time, especially if it's my free time, like I did for demanding early treatment!

We got, uh, regener monoclonal antibodies! Demanded it for the state of Hawaii successfully! Okay, all right, thank you!

Aloha!

Next testifier? Okay, the next testifier is Chris Neff followed by Jesse Jasper.

You're muted, Chris!

Thank you, Commissioners! As I went to the website today, I noticed that the commissioners were provided information that wasn't available to the general public.

So, uh, I believe Commissioner Papino may have had a complete package, including testimony that was submitted for this particular hearing.

And one of the issues that was brought up, as I recall in the August 27th meeting was whether or not Chair Curtis had been served a notice that a violation had been put in, and he denied that!

But there was an actual document in the testimony that was submitted for today that acknowledged that a certificate of service was there!

I'll yield! Thank you, Chris!

The next testifier is Jesse Jasel, followed by Kilik Lani Hall.

Mr. Jasel? Mr. Jasel? I seem to have lost him on my screen too.

Next, the next testifier is Kilik Hall.

Miss Hall, aloha! The violation of the Sunshine Law really seemed to have delayed the last commission meeting we had, and it also caused many to address this problem!

Which played into the three minutes we are allowed! So I would like to remind you all that there are still 32 pending motions that we have yet to see taken care of dating back to February!

That's eight months of doing absolutely nothing! Chair Curtis, we still need to get to those! I feel like we're wasting a lot of time!

I think that you need to reconsider your position as Chair! I say that respectfully towards you! If there is nothing getting done and we are spending hours each meeting just complaining about you!

I would say again respectfully we are wasting too much time! We're wasting so much time! There's— as you can see, we already have too many issues that we the people of Hawaii have to deal with regarding this incompetent government, and then we have to deal with these election meetings that get absolutely nowhere!

We have so much things to get taken care of! I really do feel that you have to reconsider your position as chair!

I don't even know if you—I know you don't enjoy it! Sometimes I do feel bad for you, Mike! I do!

I feel bad for you! But we need, please, we need to take care of these 32 pending motions!

This last meeting was way too long! Way, way too long! And I stayed the entire time! I'm a mom, I'm a parent! I have so many things to get done!

I'm running for office and I can't even get to all the things that I need to get taken care of because of this! This is consuming my life as I feel must be consuming yours!

Is it really worth it to stay on this if you're not getting anything done? I yielded my time!

Thank you, Miss Hope! There are no other testifiers!

I think Mr. Crin wanted to speak again!

Okay, sorry Chair! Um, Commissioner Kush called to say that he lost connection and would like the meeting to be recessed for 30 minutes until it can be resolved!

I'll hear Mr. Crosland now, he can log back in!

Okay, um, next testifier is Andy Crossin! Thank you, Comm!

You're muted! Thank you!

I wanna follow up on my previous testimony and just say that I think what has happened here is that Mike Curtis, actually, has admitted, as well as the Deputy Attorney General Brian Y, that there was a violation of the Sunshine Law.

As I previously stated, that violation is a misdemeanor and is punishable under the Sunshine Law! And we need some accountability for that here!

And, in addition to that, I think what’s really concerning to me is that in the beginning of this meeting, what was being discussed is that we should null and void all of the things that happened during that meeting, and that would supposedly resolve the issue of the violation of Sunshine Law!

Well, I'm concerned that this is a repeating trend, that whenever there's a significant amount of momentum on one of these election commission meetings, like we had in the April meeting, the May meeting got canceled!

So the May meeting got canceled because there was an issue with a supposed issue with the agenda. And so they canceled it at the last minute, the May meeting, and we had a massive amount of testimony in April.

And, as I previously stated, there are hundreds of thousands of people that have seen what Mike Curtis has done on social media, and I don't think that he’s unaware of that, or any of the other commissioners are unaware of that!

So, every time we have a significant amount of momentum, they seem to find an interesting way to make it so that the meeting gets canceled or there's something wrong with the meeting so that they can null and void everything that happens at that meeting!

And so I'm concerned that we have a repeating trend of no accountability, number one! And, in addition to that, a clever way for these people to weasel their way out of any accountability and weasel their way out of these very important motions that are being made!

So, you know, I know that there are some new commissioners here that joined at the last meeting, and so you may not be aware of all the history, but, as I stated in my previous testimony, these are repeating trends!

This is not an isolated incident with Michael Curtis! He continues to do these things, and it's really the job of the commissioners and the chair of the commission to uphold and exercise the will of the people!

You guys do not operate autonomously! And, in addition to that, the commission is also in a supervisory role to the office of elections and Scott Nago, and you have abdicated your authority over that and inverted the hierarchy of the way our system of elections is run!

And so just overall there needs to be accountability! There's just really sneaky ways that things seem to be happening where accountability is not happening and that needs to be fixed immediately!

There needs to be a vote of no confidence in this chair right now today! We cannot delay this! We cannot let this go on any longer! There needs to be accountability!

He needs to be made an example of! This is not acceptable! The people have spoken! You've heard it today! I have nothing else to say! Just do what needs to be done! You know what needs to be done! Do the right thing!

Next speaker!

Okay, everyone, um, with raised hands already testified! Are we gonna allow them to testify again?

They get another three minutes!

Okay, the next testifier is Jamie Deweer followed by Wallen Christian.

I have a point of order, Chair. Uh, what rule am I not following?

You're limiting the testimony of the public! I'm encouraging the testimony of the public! You're limiting the T—the topics that they can talk about!

That's right! It's the agenda item! Let me speak to this, please! I'm gonna explain!

We're addressing the agenda! The agenda is what the discussion is today!

Um, that's a point of order...

M, thatter! Chair, let me... thank you, chair!

I’m not going to use all of my additional three minutes! I'll make this fast!

Um, I just learned the name of the person who interrupted me in the middle of my testimony earlier. It was Commissioner AER Camp! And I want to let this body know that that was unprofessional and uncalled for!

This is, you know, many of our testifiers here today, this is what we've been testifying about! You know, really, I've been testifying on the elections commission for the last three and a half years, going on four years!

And it’s very frustrating to be cut off, and it's... it's a means of censorship and it's unacceptable! And I will yield the rest of my time to Commissioner Kushy!

Thank you, Jamie! If you’d like to speak on the agenda item, you’re welcome to it!

For the I was speaking on the agenda item when I was rudely interrupted by Commissioner AER Camp!

I'm talking to Mr. Kushy! I'm sorry! I'm speaking to the agenda item on the June meeting! The commission made a motion to have status of motions!

Next speaker, please!

The next testifier is Wallen Christian followed by Doug!

Miss Christian, can you hear me? Yes!

Okay, great! Thank you! I'd like to read something really quickly so that I stay on track!

Um, and then I'd like to address one quick thing!

So, as a candidate, I ran in the primary election and all those who are still running, like Kikil Lani and Nancy Valdez and others that are on here, um, as a candidate, you go out door to so that you can hear from the people!

Why? Because that's the importance of you being in that seat! So that you hear the voices and their concerns as a legislator!

And that because you will be representing them! This is exactly what you, the commission are doing! You're representing the people!

Now how can I do things that are right? Only by hearing from the people? This with the chat that are being disabled! That is form of a violation of a Sunshine Law because you are not allowing the people to communicate as if we were in a public inert meeting!

So I agree with, with, um, Commissioner, Chair, uh, excuse me, Kush, that this needs to be looked at! Actually not even looked at, that chat needs to be enabled!

As for the Attorney General Ye, um, it’s unfortunate because I had specifically stated that all of you who agreed with that primary election ballot violated the people's rights according to Hawaii Constitution, section Article 2, section 4!

And I don’t have to read through that; you folks can look it up! I read it in detail when we did the last hearing!

What I would like to address is I’m seeing, you know, Chair Curtis, I’m seeing the way you’re very bully-ish against Kush!

You are very respectful to other people, but you're not to him! That is not deemed a good leader!

And I wouldn't say you're a leader; you are in a position that you get to make decisions when other people have to come to you and ask for that decision to be made!

As far as I'm concerned, everybody on that commission board is equal.

Therefore, you should not be treating one person a certain way and another person because you don't like what they're saying because maybe it's the truth that needs to be changed!

The only way that can be changed because obviously, the way you feel towards this man is not going to change!

The only way to change it because you violated the rights!

You've violated Sunshine Law! You violated the people!

You violated your colleagues! You need to step down immediately!

Thank you!

Thank you, Miss Christian!

Yeah, Miss Papal Liu!

This is Commissioner Papal Liu! Is Commissioner Kushy muted?

I muted him when he got off track of today's agenda!

Yes! I muted him!

I would ask the next speaker please! Three times, he's muted me!

I'd like to be recognized to speak!

Chair, the next speaker please!

The next testifier is Doug Pasnik followed by Kai!

Mr. Pasnik!

I'd like to be recognized, Chair!

Mr. Pasnik, I'm gonna go ahead and speak for a moment!

I appreciate you giving me a little bit extra time!

I just want to make three quick points!

Um, if you review the letter that you, as the chair, and I received with regard to this OIP complaint, OIP states that HRS 9211 says only the court may void a final action of the board that was taken in violation of open meeting requirements of the Sunshine Law!

So your motion to void actions that was taken violates the OIP guidance that you were given in that letter, and we're all aware of that!

The second point I’d like to make is Commissioner Papal Liu, if you have the chance to look at this, the certificate of service that I submitted as evidence, it shows that Mr. Curtis was served notice of the First Circuit Court case!

And in the August meeting, he said he didn’t know anything about it! That means you have a chair that lied in a commission meeting when he had been served a court notice of a court case that was pending!

And the last point I'd like to make is everyone knows what happened in Washington, D.C. on January 6. Some people call it an insurrection!

One of the things that those people were there for was to make sure that Congress certified the Electoral College before the Presidential Inauguration!

In Hawaii, Mr. Nago didn’t even wait for there to be a certification of the election! He signed a certificate on the 28th of November prior to an election being certified! So where was the insurrection?

People think it was in Washington, D.C. when we have a State Governor and Lieutenant Governor who are sitting in their seats who were never lawfully elected! They were inaugurated before that election was ever certified!

And this commission won't address that question! That is so fundamentally wrong! We don't have a government if we don’t have a government of the people!

I yield!

Thank you, Doug! Next testifier!

Next testifier is Kai followed by Tamara McKay!

Hi! Uh, thank you for, uh, uh, letting me address the commission and yourself again, Chair!

Uh, because of all of the shenanigans and the crazy stuff that's been going on in the commission meetings, I have not been able to—we have not been able to work on the 2024 agenda and things that are going on!

There are people that are within the Republican Party that were working with a foreign national! They were raising money for him to overthrow the Hawaii Republican Party and they actually got people within the party!

We have their inside information; we have their fundraising! They were fundraising for this foreign national!

There is foreign influence in the 2024 election by the Republican Party vessel and many that are on and testifying right now! We have documentation that they do not believe that Hawaii is a state and they mean to overthrow the party and the state a lot!

Is this to the Sunshine Law? No! As far as the Sunshine Law, the reason why I'm bringing this up is because of the violation of the Sunshine Law!

This imperative information I haven't been able to get to the commission and it should be—they should actually have this because it will give the commission a broader idea of what's going on in these meetings!

So I need to get someone from the commission or the DOJ or Homeland Security, I see that they're on there, to contact me!

Mike, I'm sorry to go off the agenda, but it does affect the violation because the violation of the Sunshine Law and all of this other stuff from the past 2020, 21 we haven't been able to address what's going on in 2024!

I yield the floor! Thank you!

Thank you, Kai! Next testifier!

The next testifier is Tamara McKay followed by Gary Cordy!

Miss McKay!

Uh, thank you! I’ll just make this really brief!

Um, Chair! You had asked, um, Commissioner, uh, Kushi what rules that you is being violated?

Well, there are several! Robert's Rules of Order since you are practicing Robert's Rules of Order!

Um, a point of order is an interruptible motion! And for a chair, it's out of order for you to interrupt his statement until he completes!

And once he completes his statement, that's when you determine when to whee whee then that's when you determine whether his point of order is out of order!

And to mute him is also a violation as well! I would suggest that you visit Robert's Rules of Order, chapter 23, 24, and 45, I believe, um, so that you can be in compliance with Robert's Rules of Order and how to conduct this meeting!

This is a form of harassment, which is also a violation of the Sunshine Laws, chapter 92!

So I would strongly encourage you to conduct yourself accordingly so that you would avoid violating the Sunshine Laws any further where charges may be brought against you as well!

We look to you to lead this state appropriately in the office of elections!

So I would strongly encourage you to please conduct these meetings accordingly with dignity and respect that we expect of our public officials!

I yield!

Thank you, Miss McKay! The next testifier is Gary Cordy!

Mr. Cordy! Thank you for the additional opportunity to share clarify!

Because this is a zoom call, it’s a very interesting format to have a conversation about transparency!

My hope is that each of you commissioners who are in front of your computer or your phone that you have a notepad and you're taking notes!

I would like to reemphasize a question or a comment that I made earlier! How does one measure whether or not this commission is effective?

What is the criteria? I would like you to note in your pad, hopefully, you have one and you are taking notes!

Is the commission actually expanding the voice of the people? Do the people have more or less opportunity to participate in the governance?

Do I, as a commissioner, operate in virtue? Or do I place others in front of myself?

These questions are paramount in understanding whether the commission will be effective or not! If you are not able to affirm that this commission and its interactions with the general public are not growing and allowing more participation, then you have to reconsider your role as a commissioner!

Many on this call today have called for the removal of the resignation of Chair Curtis! I cannot disagree, but the proper protocol would for you, the other commissioners, to step forward and exercise virtue!

Our state and federal constitution requires for the people to operate from virtue, from honor and integrity! And without that in place, we actually have no chance for a republic—a representative government!

So I ask you for whatever time I have left that you would take a moment and ask yourself a question: Am I creating more or less opportunity? Or is my position creating indifference and closing possibilities?

I yield!

Thank you! The next testifier is Jerck!

And after Jerck, I would offer Mr. Kushi three minutes if he'd like to speak! But Mr. Jerck, hello!

Well, everybody! Thank you! Um, thank you for giving us this opportunity to weigh in on how matters have been going!

My personal feeling on how Mr. Curtis has been handling his position? Total failure on his part for Hawaii!

You know they just did a survey; I know Hawaii is not part of the United States! When you put people like Mr. Curtis, you know, who is from the United States on commission like this, he has no respect for Hawaii itself!

On all the things, the rudeness, the misconduct that he has been portraying us in the last election, uh, in the last commission meetings, that is unacceptable!

We're ranked number one in the 50 states for corruption! It starts right there in that seat where you're at, Mr. Curtis! You're the guy responsible for the corruption in Hawaii!

You and Mr. Nago! Mr. Nago, I know you're listening! I see you on top! Mike, I'm telling you guys, man, how can you guys sleep at night knowing that Hawaii is going to the shits?

The future generations don't have a future to you because you guys—you guys lucky we get Ralph guys there, but even that, my concern is, the State of Hawaii elections should not be controlling our county elections!

It's two different governments! Unconstitutional! You guys should all be put in prison!

Not all you guys, but at least the chair and the election officer! Chief election officer! For what you guys are doing! It's visible to us!

We can see it! If we can see it, we definitely can prove it in court to put you guys in jail! Thank you!

Thank you!

Ralph, would you like three minutes?

So for the record, so everybody knows, the chair muted me four times in the last part of the meeting! Will not let the minority voice speak!

I made a point of order! The chair is limiting the testimony to the public! The commission made a motion in the June meeting to have the status of motions put on all future meetings!

The chair is purposefully not putting the status of motions on all future meetings so that those items do not have to be addressed!

Those items should be addressed and the public should allow to speak to anything! Because all of the items that we have addressed in prior meetings is on the status of motions, and I'm calling you on you, chair, to call a meeting prior to the general election and to have those issues addressed that the people are speaking about now!

Going back to the Sunshine Law violation, the public is saying that the commission could have made more motions to get more accountability! The motions that were made were all about getting accountability!

And should not be voided! The motions stand in place! The public wants accountability for you, Chair Curtis, because you limited testimony to more people that could have attended the meeting!

And we could have had more motions made to have accountability! And for Deputy Attorney Ye to say we're going to void all of those motions is not right! That's not what the people want!

We want accountability! We want all of those motions followed up with! We want those motions answered that we talked to Y about!

And specifically Deputy Attorney Ye is not working for the commission! He told the commission that he would not do anything unless the commission voted on it! He started this meeting with his opinion!

We did not ask his opinion! So it is up to the commission to answer the questions that the OIP asked us! And that's going to be starting with the establishment of facts!

So let's start there! And when we make motions, we're not going to tie the two together! The motions stand for the last meeting! Only a court can take those away!

And then we're going to move on for accountability for you, Chair Curtis! Because 10 people in the meeting asked to see if the meeting link was up and running or not!

And it appears that you and Deputy Attorney General Lee knew about this and did nothing! And so you, therefore, possibly squelched the voices of another couple hundred people that were trying to get a link, get on the link!

And so I think we should need to restart this meeting! You need to call for a meeting prior to the general election! And there's plenty of people talking about that!

And then you need to step down! Thank you! Ralph! Are there any other testifiers?

In that case, Jazelle, could you reread the motion, please?

Sorry, um, Mary Healey just raised her hand!

Okay, Miss Healey, and Commissioner Papal Liu, I believe, wanted to speak also!

Okay, thank you! Mary Healey! Hello! Can you hear me? Yes!

Thank you! Thank you so much for hearing my testimony! Um, I've been on several of these meetings, especially starting in February!

And I would just like to mention that there is dissatisfaction throughout the citizens of the state with the commission on several different grounds, and I understand that today's meeting is about the Sunshine Law!

But let's let the light in on all the issues that the elections committee has been ignoring! And it's a problem throughout the state of Hawaii!

And it's why there's a lot of issues in the state of Hawaii! And it's a beautiful intricate, like, culturally diverse state that deserves representatives and people who are doing the right job for the people so that it can continue to be this diverse and beautiful place in the United States!

It is the last state, and it should be the number one state to show the diversity and beauty that can exist from listening to people's points of view from all walks of life, from all nationalities!

Uh, because we're all Americans! And I am here to say that I'm appreciate that we are having these meetings!

I appreciate that these meetings didn't exist a very short amount of time ago, and I'm grateful for that there is this ability to come together and talk about these issues!

But there needs to be action taken for the protection of the state and for the protection of the laws that are being ignored!

So, you know, I'm here standing and listening! I'm giving my time to help shed light and let the sunlight come in to heal this rot that's happening in the state of Hawaii!

And I'm grateful that you've listened to my testimony! And thank you very much!

I hope that this meeting pushes the agenda forward that needs to be addressed, which is the removal of the chair!

Thank you!

Thank you, Miss Healey!

Miss Papal Liu!

Yes, thank you! I would like to address some of the testifiers that called on me! I am aware of the form that was served to Chair Curtis and that it was signed in person, so I am aware of that!

Yes, thank you! Because I was the one that was very upset to find out that we were being represented in court without ever being told what the case is!

I still don't know what the case is! I've never been offered any of the paperwork—legal paperwork to see!

I would like to make a friendly... Oh, are we going to do the motion? I'd like to make a friendly amendment to the motion later—after testimonies, please!

I'm sorry, you call for the motion! No, that was after testimony! You get to testify! You have another two minutes left!

I think I think we've heard the rule that the court is the only one that can nullify what we did!

I believe we are in violation of the Sunshine Law because we did not take the time and the patience to stop for 15 minutes to get that new link out! Let people get on and then come back to the meeting!

Which is sad! I don't like that! I'm frustrated! I'm angry! I don't want to speak emotionally!

I'm in Washington burying my sister, so to take this kind of time and to listen to all of this—I think we are correct!

I think we are wrong! We violated the Sunshine Law! I think you were aware of that and did nothing to fix it!

When we could, I think that violation and your lack of knowledge of Robert's Rules and to conduct a professional meeting does make your resignation more palatable!

I would hope that you would listen to some of the people that are speaking! I don't think this is what you want out there! I don't think this is what you thought this was going to be!

I think you're trying to do a job with pressure from—I'm not sure where the pressure is coming from, but I thought when I voted for you, that you had the leadership skills to be able to do the job, and I'm afraid I don't think that anymore!

So I agree that you should step down! I would prefer that over the board having to remove you! Thank you very much!

Thank you, Miss Papal Liu!

It's Commissioner Papal Liu! I'm sorry, Comm!

Next speaker! Curtis, if I may speak briefly!

I would like to express that my sentiments are in harmony with Commissioner Papal Liu's comments!

I don't think I have to add any more words, except to—and also I'd like to say that I agree with many things that Commissioner Kush has brought to light!

And um, I just like to state and make record of my agreement to their comments! Thank you, Commissioner Aino!

The next testifier, the next testifier is Nicollet V followed by Adrienne.

Nicollet: Good morning! Um, I'm glad that at least one thing that we have been complaining about is being seen as something to rid ourselves of the people that are in charge of these voting ideas!

Is actually, you know, may G to happen but truly, um, the real issues are that we have been subjected for tens of years! To selection, not election of our people for Congress!

And you can see it so clearly by the ridiculous things they put up for, um, talking about in Congress! It's ridiculous!

Some of them, um, you know where are these things coming from? They don't have anything to do with what really needs to happen on this island!

Look at the state of our parks! They are disgusting!

Who ever decided it was okay to shut out the water in W and I to shut out the water at Sandy Beach?

This meeting is about the... I know but the point is there's a million reasons why you guys should all resign!

And I would head to the hills if I were you because when—and it's not people that are going to come after you; it's the Holy Spirit and God!

Because God reserves vengeance for himself, and you guys are going to receive it! We've asked you to get back to getting our votes in precincts!

We've asked you to put our votes in paper! We've asked for accountability at voting time!

And you guys have just like listened to us and forgot everything we've said!

And so, I would suggest that everybody that ever put any effort into being on your commission just resign right now!

Because we are not going to put up with it anymore! And this is just one little tiny thing that we finally caught you at!

But really, why aren't we voting in our precincts? Why aren't we voting by paper? You guys have got to get this!

You've either been blackmailed by somebody to vote the way you do and to create the ridiculous voting system that you created; or you’re getting paid money!

And if you don’t think we don’t know that you’re the one in illusion, we know what's going on!

And us that are standing here trying to get through to you are finally saying, “Enough is enough!”

And I would leave the island if I were you! I would resign today!

I would gather up all my family, all my money! That, of course, you’ve already made!

And I would disappear, maybe even into a foreign country, and get the heck out of the way!

Because God is going to come for you! It doesn’t take me to come for you! It doesn’t take other people in this thing coming from you!

But you are going to be hunted down by white hats, by people that really know where you’re getting your money!

Yeah, you're welcome! And I mean what I'm saying! God is coming for you, dude!

Aloha!

Adrien, wait! Next speaker!

Adrien: You're muted!

Yes! Hi! Um, this is the first time I've been in attendance to one of these commission meetings, and so I don't have a bias or history to go off of!

Um, I'm here because I think that this is a crucial time for the Republican Party, and it's a damn shame that everybody's in fighting mode!

And that, you know, I don't know what you've done, uh Mr. Curtis, but people are really displeased!

And um, that's very apparent based on these few minutes I've been in this meeting!

Um, and to me it's like right now this is when the party needs to come together!

Um, and it’s just—it’s sad!

And you know speaking to, you know, Hawaii not being a state, um, there's so much history that is ignored!

Um, so I just—I think it’s a shame that this is even happening!

I mean, I’m kind of shocked because everywhere else outside of this, you know, outside of Hawaii, the Republican Party, there, everybody’s coming together!

You know, they're not infighting!

Um, so it just seems from my perspective that if you're the person who is the catalyst for the infighting, um, that perhaps it would be best if someone else stepped in in order to unite the party!

Um, because we can't—we can't do another four years! I mean, I know my pocketbook can't, and I know most of the people in this state our pocketbooks can’t do another four years of all blue!

So my other two cents would be as a suggestion that someone make a motion that all meetings moving forward are held with a parliamentarian in place so that, you know, everybody gets their time!

Um, and that when something is put into the minutes that it's actually adhered to!

Um, including, you know, agenda items!

So that’s my two cents! I wish you guys the best! I will try to show up as often as I can so I can get more educated!

Thank you!

Thank you!

The next testifier is Kohle followed by Kim Cordy!

Heh yo, you're muted!

Aloha!

Aloha! Hi! Um, this is the second meeting that I've attended and, um, to have come in on the last meeting was something that absolutely set my—my hair on fire!

Um, when we elect or we have officials in place to conduct meetings where the public is encouraged to express their opinions to have their voices heard, we expect that the people in charge are the best of us!

And I fully agree with Commissioner Papal Liu that this has not been met!

And I too, I agree with her, and I think it’s time for a change in leadership, and I'm agreeing with them and many other speakers today that it's time for us, uh, Chair Curtis, to step down!

Thank you so much!

Thank you, Kim!

C-Tier, Tim Cordy! You're still muted!

There you go!

Okay, thank you! I hesitate to say the word "Aloha," although it comes from my heart!

Aloha means love! I find this meeting absolutely ridiculous, saying it nicely!

I honestly—it is like a show watching this happen! This is the second meeting I've been at! I was in the public meeting that you held and watched you, Michael Curtis—the way you treated the people—primarily the way you treated Ralph was just, is it amazing, unbelievable!

Just unbelievable!

My girlfriend and I sat through that meeting and we stayed the entire five hours and watched the entire thing unfold!

Watched you repeatedly interrupt and cut his line! My question is today, you keep saying at the beginning of the meeting you kept cutting people off, saying that they were not talking about the agenda.

What—who sets the agenda?

I just, I don't even know how these things function, so I'm not sure is it the entire commission, um, people that set the agenda, or is it you?

Um, it seems as though you have an agenda!

I consider myself pretty discerning and to be honest, this is so obvious to even somebody who doesn't have the gift of discernment that there is an agenda going on here!

And it's really sad!

And I—my heart cries out for the people of Hawaii!

Um, I loved what the last few people spoke about how our state is being overrun, and the people's voices are obviously not being heard!

And this is just a microcosm of everything that goes on in the state!

Um, primarily, the questions that need to be answered by Ralph Kushi?

Why is it that the governor was actually pushed through when the election was not certified?

How? How is that possible?

Um, these are the things that we actually filed a suit for and that those things were all thrown out!

So this is just, like I said, a microcosm of how even our courts are run!

So, I don't know, maybe you guys are just going to hang on, and just let’s push through this meeting, and then ignore what everybody else says!

It seems as though that's your agenda! That you just are doing this just so that it looks good!

But it's obviously, if anybody's paying attention, it is a show!

And I agree with the other lady who says that I also—I feel sorry for you!

I feel sorry for how God is going to—what the ramifications are going to be of your actions!

I yield! Thank you, Miss Stein!

The next testifier is Carl Dicks followed by Commissioner Kush!

Mr. Dicks, Aloha!

Once again, um, yes, I'll bring it shed a little light on that notice of service!

Um, I filed an objection to actions taken and there was zero response!

Then I filed an agency appeal in the First Circuit Court because I got no response from the Election Commission!

And the court decided to dismiss that because I was not appealing a decision that was not made!

So the courts are in on it too, and they’re working together!

Re Nakamura and the whole shebang! They’re all keeping this out of the court so that these decisions can't be overturned!

So the Election Commission basically ignored my objection to actions taken, which was I was objecting to the way Scott Nago was reappointed!

And the commission chose to not even respond, and then the court dismissed it because they did not respond!

So the commission basically was let go because they didn't respond!

So what the court did set a precedent that all the election commission has to do is ignore the complaints and will be dismissed!

I yield!

Thank you!

Ralph, you’re up!

Thank you! So starting the meeting, you asked the Attorney General to give his opinion!

In the last meeting, the Attorney General expressly told you that he would not give his opinion unless the commission voted on it!

The commission did not vote on his giving us opinion!

And he essentially hijacked the meeting by giving us his opinion and then you demanding to take a vote!

You—the two of you choreographed how the meeting was going to start, and you had conversations behind the commission's back!

What the OIP has written to us is they have asked us to answer four questions! None of them, which the Attorney General brought up!

The questions are: Answer—give a concise statement of the factual background of the case!

An explanation of the agency's position, including its justification for the actions complained of, with citations to specific statutory sections and other laws supporting the agency's position!

Any evidence necessary to support the agency's argument and contact information for the agency officer or employee who is authorized to respond and make representation on behalf of the agency concerning the appeal!

Now, I submit to you that neither you or D. Yee are qualified to do that because you're lying to us! You're saying things when it's convenient!

And you're leaving out things when it's convenient! And this start of the meeting just proves that point!

The AG is not working on behalf of the commission, nor the people! And I'm going to repeat this: he said that he would not give his opinion to the commission unless the commission voted on it!

We never took a vote and he hijacked this whole thing!

And so, what you want to be created is we're guilty and we're going to nullify the last meeting!

Well, you're guilty! The two of you are guilty! And we're not going to nullify the last meeting!

The last meeting stands! The last meeting gets answers for the people if we follow through with it!

So the meeting stands and we need to vote on each one of these items individually!

And we can go down the laws and we can cite the law and then vote on whether or not we followed the law or not!

And then the meeting stands!

The problem what the public is concerned about is that there weren't more people answering, demanding accountability!

So the motions stand for the last meeting

Commission that I had uh stated that the recommendation had been that the commission treat the Motions passed at the August 27th meeting as void.

Uh, the reference that is being made to ATRS section 92-1 uh refers to the Court's power to um void actions taken, and there is wording in the uh letter from the Office of Information Practices that they do not have that authority to do so; that it's held by the court.

But that is based upon uh really to explain to people that it is not O's power in and of itself to effectuate um the action because the uh matters were um passed by the um commission.

For the same reason that the commission has the power to pass it, they have the power to treat it as void. But in any case, I also wanted to note that to the extent that this is simply uh taken up again at the December meeting as recommended, uh and repassed again, then that essentially was a recommendation how to cure the problem, so that really there would be no significant difference.

Um, because it would just be too um, you know, if you did nothing. I'm sorry, let me interrupt you only—I'm sorry to interrupt, please Miss Papalo.

Wait, go ahead Mr. Y very quickly then. Um, if you did nothing today, uh and I sim– met with you at the December meeting, at which time you then passed or repassed the Motions that were done, and I then answered, it would be the same thing.

So, um, the recommendation to treat demotions as void was simply an assurance to the Office of Information Practices that the Elections Commission would not take advantage of the delay uh in order to do something which was in violation of the Sunshine Law.

So, we will probably effectuate the same thing without declaring it void, but it was really just to show good faith and um a recognition of the Sunshine violation to the Office of Information Practices.

Thank you.

M. Papalo, yes, can you list the Motions that will be involved in that?

You know, I will— we will certainly list them specifically. We'll go through um minutes and list them specifically in the agenda for the uh December meeting.

I believe there were six of them, three of which were to the Office of the Attorney General, but I'm sorry I don't have that specific list with me today.

Thank you. Um, I am going to vote no on voiding those. Um, so I think I prefer to read the law as written that the court can do that.

I believe all we have to do is answer whether we violated the law or not, and we did.

Um, we need to have accountability for that on the chair's seat.

And my second thing is the reason why I do not want to void what occurred and those motions that were passed is for the people that actually could get in and showed up to that five-hour long meeting.

I think that um, that for me does not feel right that those people that could get in and testify and stayed for the entire length of that meeting, and we made motions due to their testimonies.

I think we should honor those and not void the meeting, but we do have to acknowledge that there was a violation, and we need to be specific that Commissioners recommended a pause so that that could be remedied, and it was not.

So, I would like to make sure that if we're going to move forward with that on this motion, that we change the motion. So I'd like to offer an amendment to the motion on the floor.

Okay, can I ask that the motion be reread?

The motion is to void the last meeting due to violation of Sunshine Law. So, I would like to amend that motion.

I would like to make a motion that we do not void the meeting to honor all of those that attended and gave their time, but we will acknowledge guilty for breaking the law.

So, what I'd suggest is that the commission vote down this meeting—or down this motion—and have a new motion admitting that the um Sunshine Law was violated at the last meeting.

I concur, so I would call for a roll call for the question of avoiding the last meeting and admitting Sunshine Law violation.

Oh wait, wait, wait, hold on. I'm sorry, I was amending mine and you've kind of gone to somebody else's motion.

Well, the motion on the floor, Miss Papalo, what I'm suggesting the solution is is to vote down this motion and add the—and add the motion that we were in violation of the Sunshine Law, as you suggested.

Okay, but my complaint with that—my the reason why I'm amending this motion and not voting on this motion is because I do not know that this motion is not going to pass.

So, I would like to amend this motion to take out voiding of the last meeting and leave in that we violated the Sunshine Law.

I don't know why we need a motion acknowledging that we violated the Sunshine Law. Is there a second to the amendment?

The amendment is to take out of the motion that we're going to wipe out the last meeting but admit that we were in violation of Sunshine Law.

Yes, second.

Okay, so we'll vote on the amendment to remove the elimination of the last meeting and simply admit that we were in violation of the Sunshine Law.

So the amendment—we ask for a roll call on the amendment.

Okay, Commissioner Andrean is excused. Commissioner Aino?

Commissioner Aino, uh, what happened? I got disconnected.

I'm sorry, there was an amendment to the motion to eliminate cancelling the last meeting but to continue admitting that we were in violation of Sunshine Law, and that's the amendment to the motion that we're voting on now.

I was trying to second the amendment to the motion. It was seconded; it's on the floor. The amendment is being voted on now; we're asking for your I or N.

I would request that the staff reread the motion.

Okay, the amendment—amended motion is to acknowledge the Sunshine violation.

I'm sorry, for the last—can I clarify, please?

Um, I believe what is happening is there is a motion to amend the prior motion, yes, rather than the actual already amended motion. So, I think we're talking about the amendment.

Yes, sir, the request is to amend the motion to state, as um, the secretary stated, and the vote is on the amendment.

Miss Aino voted I.

Next, I did not vote because I wanted to hear the full motion—the motion including the amendment.

Jezelle, could you read the original motion and the amendment?

Yes, the original motion was to void the last meeting due to violation of Sunshine Law, and the amendment is to just acknowledge the Sunshine violation but leave out the part about voiding the meeting.

Would you like me to rephrase?

No, no, no thank you.

All right, all right, we can come back. I will vote I.

Thank you, Commissioner Krishne.

I, Commissioner Kada, and McAdam is excused.

Commissioner AER Camp?

No.

Commissioner Papalo?

I.

Commissioner Young?

You're muted.

Sorry about that. I, Chair Curtis—was that five votes for?

Yes, thank you. The motion passes.

Now, the original motion as amended is that we admit to Sunshine Law violation at the last meeting. Are there any discussion?

Yes, Chair, go ahead.

So this is fine, but we need to continue taking up the questions that the OIP asked, so this is not our final action. We're going to go down the questions that the OIP asked, and this is a good first step, but specifically there were Comm—this is a motion of whether we're in violation or not.

Ralph, it's simple. Let me talk specifically; you were in violation. You would not let the—

So, I'm going to amend the motion that the chair was in violation.

We're already—we're already voting on this motion, Ralph; we're in discussion. I'm sorry, go ahead, Ralph.

So, we're offering an amendment, so no, let's vote on this and we're going to continue on.

So, no more discussion on this motion of agreeing that we were in violation of Sunshine Law at the last meeting.

I would ask for a roll call.

Could staff please read the motion again?

Okay, so we're voting on the original motion, right, as amended?

Okay, um, so the motion is to acknowledge the Sunshine violation of the last meeting—that's correct.

There was no amendment to that.

No, you just eliminated the voiding of the last meeting—was the amended motion.

I move to have an amendment; I'll make the amendment.

I move to say that the chair was in violation of the Sunshine Law.

Is there a second to the amendment?

Okay, discussion?

Yes, Chair, please.

So multiple Commissioners asked to check into this; there were over ten people that asked to clarify if the link was reestablished, and you told every single one of us that we were out of order, and it's apparent by Ye's testimony that you and Ye knew that the link was changed, and you would not look into this.

So for that reason, the rest of the commission was not guilty of the Sunshine Law violation; your authoritative stance in dictating how the meetings run and not listening to people's questions was the violation.

So, you personally are responsible for the violation, not the rest of the commission, and there should be some kind of action taken against you for that.

For the record, the violation was that there was one link posted in the agenda, and the correct link was posted on the website. Responses that were to the chair were directed to the website link to the Zoom meeting; I considered it a clerical error that the agenda link was wrong.

It wasn't changed; it was incorrectly reported on the agenda. It was correct on the website and that's where I directed everybody, and that's where 300 people were able to attend our meeting.

Wasn't—that's not the—the link that was sent out to the automatic notification was the incorrect link, and instead of resending the link, it was just done on the website.

So, people were trying to get into the meeting by signing in to look at the link that was sent to them on the automatic notification that automatic notification was never—what's your—not your amendment?

That you personally are responsible for this because you would not stop the meeting to look into it.

Is there a second?

Second.

The motion is that the last meeting did not meet the Sunshine Law requirements; that's the motion on the floor.

The amendment is that the chair was personally responsible for that, and that's the amendment that's on the floor now.

Discussion?

I ask for a roll call.

Okay, Commissioner Andrean is excused.

Commissioner Kino?

I.

Commissioner Kushi?

Hi.

Commissioner Kada and McAdam is excused.

Commissioner AER Camp?

No.

Commissioner Papalo?

I.

Commissioner Young?

You're muted, Peter, sorry.

No, Chair Curtis?

No.

Back to the original motion of um that we were in violation—

Point of information!

Yes, ma'am?

Um, Chairman Curtis, do you get a vote when it involves you, or are you recused?

I'm not recusing myself on this one.

So the motion on the floor is that the commission was in violation of Sunshine Law at the last meeting.

I would ask for a roll call.

No, Chair, I want discussion on this.

What do you want, Ralph?

Go for it!

Okay, I'm not voting for this and we're going to redo the vote.

Okay, so reread the motion, please.

Okay, um, to my understanding, we're back to the original motion, which is to void the last meeting due to the commission.

We took the void the meeting out; the only thing left is that we're in violation of Sunshine Law.

So what you're looking to do on this—if you say we're in violation of the Sunshine Law is that you're still going to try to nullify the last meeting.

That's what the AG is going to do.

So wait, wait, wait. This is the motion on whether we violated the Sunshine Law or not.

I know when we vote that we violated the Sunshine Law, the AG is going to say, "Well, we need to void the meeting!" and he just said that in his—

No, that's not true! What was true was that we took the last meeting out of this motion, and that we violated Sunshine Law.

So, is the Deputy Attorney General going to answer the questions that we asked in the last meeting?

That's a different whole different issue now. The issue whether we're in violation of Sunshine Law or not—that's gonna—the way we answer on this—I would like to ask, yes or a no, Ralph.

Were we in violation or not?

This calls the question.

And I'm—this is the discussion, and I'd like the Deputy Attorney General to answer the question.

No, I'm not asking the Attorney General anything this important.

The discussion item on how we're going to vote—this influences everybody's vote. If we answer yes, will the Deputy Attorney General answer the questions that we asked?

If we answer no, will he answer those questions that were asked?

He will at the next meeting!

No, no! Why are we waiting so long? That's four months! We asked this six weeks ago.

I'm calling for the motion!

You're talking about something totally different!

No, I'm not! Depending on how we answer this question, what is the Deputy Attorney General going to do?

No, we're gonna vote on this motion and we'll ask for—I’m gonna vote no on this, thank you—and then we're gonna move forward on—

Get your chance!

I would ask for a roll call.

Okay, Commissioner Andrean is excused.

Commissioner Aino?

No.

Commissioner Kushi?

No.

Commissioner Kada and McAdam is excused.

Commissioner AER Camp?

Yes.

Commissioner Papalo?

No.

Commissioner Young?

Yes.

And Chair Curtis?

Yes.

Now, I ask those that voted no—the question was: were we in violation of the Sunshine Law at the last meeting?

It's the way it's written.

I move to vote on whether or not the commission followed HRS 92-70—which is—

Do I have a second?

What is HRS 92—something or other? What is that, Ralph?

HRS 92-70: No board shall change the agenda less than six calendar days prior to the meeting.

So what are you asking here?

Vote on whether we followed the law six days prior?

Huh?

And there was a second?

Discussion?

Yeah, the facts speak for themselves.

I think when we're starting to get into voting on legal interpretations of the statutes, we're wading into territory that most or all the Commissioners are not qualified to speak on.

If we want Mr. Y to weigh in on that, that would be more appropriate—

Motion on the floor! Could you restate the motion, please?

I apologize, I am very confused as to what the motion is.

Mr. Krishy, could you repeat the motion?

I move to have the commission vote on whether or not HRS 92-7D was followed or not.

In what case?

Okay, so here’s what they—in the case of this meeting or in the case of last meeting or what?

That the six-day notice for what meeting?

Listen to this!

Okay, the—for—is it for this meeting or is it for the last meeting that you're asking this question?

The six-day notice is what you're talking about—was it for this meeting or was it for the last meeting?

I'm going to wait, so you're not going to interrupt me, and I'm going to say something.

Can you do it without interrupting me?

I'm asking you what meeting you are referring to.

I'm gonna say something, can you not interrupt me while I talk about it?

The OIP has asked us to answer four questions; let's answer those four questions for the OIP's letter.

Let's start with a concise statement of the factual background.

That's a matter of record!

No, it's not!

It is!

We’re—so what are you gonna—what are you going to turn in for the concise statement of factual background?

The recordation of the meeting?

With what?

With the recordation of the meeting—that's it! That's all you're gonna talk about?

That answers the question.

We need to put more items into that! How many people were signed up for the meeting?

I have a point of information because I gotta go here pretty soon, I’m sorry.

Please, okay.

I have a point of information. The reason I voted no, and you were going to ask that question, is because I feel that those of us Commissioners that sit on the commission diligently show up, diligently listen for five to six hours; it sometimes drives me crazy.

Um, I don't feel that I violated the Sunshine Law in my capacity as a commissioner on a state board.

I do not believe I violated that; I believe the way it was handled was the violation.

The mistake from the office could have been a clerical error, but the way it was then handled during the meeting I feel extended that violation.

I voted no because I believe the statement should say that the commission recognizes that the chair violated the Sunshine Law for the August meeting.

I think that fits me better, not everybody—just me. That is my reason for my no, and so I just wanted to share that with you.

I gotta go; I'm doing my sister's funeral, and I got a meeting; I'm in Washington and I gotta leave.

So I really—Peter, I'm so thrilled to have you on board.

Peter, I don't know who the other young man is, but thank you for coming on and being a voice and being involved.

I don't care what side we're all on or what we're all looking for, but I really appreciate that you are participating.

So thank you so much! Good luck, you guys, I'm out.

And I will see you all when the next meeting is.

Ralph, let me know when the next meeting is if I forget, because things are crazy in my world right now.

Okay, Aloha!

Thank you, Commissioner.

We still have five members and a quorum.

Ralph, what were you saying?

Well, we need to answer the—the whole idea of the agency appeal is to answer the four questions.

Has anybody read those four questions that they're asking the commission?

It says a concise statement of the factual background.

Now your statement was not a concise statement; what is our concise statement going to be?

An explanation of the agency's position, including the justifications for the actions complained of?

Any evidence necessary to support the agency's argument and contact information for the agency officer or employee who is authorized to respond?

So those are things that the OIP has asked us to weigh in on, and we haven't addressed one of those yet.

Mr. Chair?

Yes, sir, please?

Just have a quick question for uh, for Brian.

Brian, so that we don't kind of beat the beavers out of these four questions, I'm in agreement with Ralph in terms of the overall—at least in my view—lack of a definitive answer.

But is it possible to get a more definitive answer from your office?

I don’t know, by this time next week, as opposed to pushing it all the way to December?

I think that would alleviate some of the consternation that some of the Commissioners have.

That’s all.

You're pushing everything to the next meeting, the public is so frustrated that we can't get answers.

We voted on these things and the AG is—

Yeah, no, I'm just saying the AG is buying the clock out by waiting till December to answer these questions that need to be answered now!

Was the primary ballot constitutional or not?

It's a simple ask: yes or no.

And the reason why—and that affects all of our elections—and for him to buy this out until December is unacceptable; he's not working on behalf of the commission if he can't answer these questions.

So he should be dismissed, and we should get some attorney that will answer our questions.

And the whole idea of what they're doing is to buy the clock; they want to revote on all of this stuff in December.

The whole idea is to buy the clock out, and that is absolutely unacceptable!

Everybody on this meeting is telling you not to do it, and you want to ram it through—not acceptable!

Everybody on this meeting is not saying that; please don't speak for the rest of us.

I'm talking about the—

Ralph, would you like to ask Mr. Y to answer those questions for us?

We already did! We told him in the last—we voted for it!

Wait, wait, wait, you said we got a vote to ask him?

We did in the last meeting; the commission adopted the motion!

So let's start at this commission; would you like to ask him to answer those questions for us?

Yes! How many times do we have to? Yes!

Okay, I would entertain that motion.

We've already made the motion; why do we have to move to move to move to move to move?

What’s on the—what’s—

Oh, excuse me—

The motion on the floor now is whether we followed the six-day notice rule; apparently, that's the motion on the floor, is that right? Jezelle?

Sorry, what was that?

The motion that Mr. Kushi, I'm sorry, Commissioner Kushi made, that's on the floor now?

Yes, do you want me to repeat that one please?

Um, Commissioner Kushi moved to have the commission vote on whether HRS 92-7D was followed or not, and that's essentially the six-day notice prior to a meeting, that correct Ralph?

Yes!

I would ask for a roll call—wait, are we voting on whether it was followed or whether it was not followed?

What—whether—he's asking whether it was followed or not.

So a yes vote means that it was followed, and a no vote means it was not followed; that’s correct.

We'll ask for a roll call please.

Okay, Commissioner Andrean is excused.

Commissioner Keeno?

No.

Commissioner Kushi?

No.

Commissioner Kada and McAdam is excused.

Commissioner AER Camp?

Yes.

Commissioner Papalo is excused.

Commissioner Young?

No.

And Chair Curtis?

Yes.

I believe it takes five votes to pass a motion, so that this motion died.

I would entertain a motion to ask Mr. Y for a formal response to the four questions that—

Excuse me, Chair, I have a question.

There are five of us left in the—

The meeting that’s correct!

Why would it take five to pass it, when three is a majority?

Majority of the commission is what?

Majority of the quorum—that's in attendance!

No, not quorum of the commission of the body; it's the majority of the body.

This commission has nine members; majority of the body—which is the commission—is five members!

It takes five votes to pass a motion.

Now, is there any other discussion, or the motion on the floor was to ask the Attorney General, Brian Y, for an opinion on the four questions OIP asked?

And the other thing about OIP is that the Commissioners can't talk amongst themselves without being in violation of the Sunshine Law.

So I can talk to one of you at a time, but not two of you.

Three of us are required to have um Sunshine Law compliance, so I've tried to get Ralph—Ralph has asked for immediate pass-through for correspondence and communication to the commission.

And in attempting to do that, there’s the um agenda packet that's attached to every meeting.

I tried to get that packet populated as correspondence and communication occurs, including this um complaint from OIP.

What I'd like to do is online have like the December 18th meeting packet begin being populated now so that everybody can see it.

We'd be in compliance with the Sunshine Law, and Commissioners would have immediate access to communications and correspondence, including this OIP complaint.

Typically, we can't talk about it; we can't communicate about it unless we have a formal meeting which requires a six-day notice, and that's why we're having this meeting because we had the OIP complaint that needed immediate attention.

I called a meeting so that the whole commission can consider it, and it's been asked that anything addressing the Election Commission be passed through to the Commissioners immediately.

The only way we can do that in compliance with OIP, as I understand it, is to make it available to everybody at the same time as we make it available to the Commissioners.

It's a violation for three or more Commissioners to discuss anything of the commission.

Um, I’m trying to do that now, and uh, we'll see if we can accomplish it.

But I want to attach a meeting packet to every agenda and every meeting, and for that meeting packet to be populated, as things progress, as we receive correspondence and communication—it should be posted to that meeting packet that would be available to the commission as well as everybody in compliance with the Sunshine Law.

That’s my—

Chair Curtis just posted online the—you are actively censoring information that is being sent to the commission.

There are documents sent to the commission; I submitted a report on signature verification prior to the meeting.

I submitted a formal complaint that is supposed to be taken up by the commission; this is not an emergency meeting.

This is a noticed meeting!

On top of that, the Elections Commission already made a motion to have the status of motions on all future meetings, and you haven't done that once.

Two meetings have gone by that you haven't put status of motions on the agenda, and again, you are directly complicit with buying out the clock with the Deputy Attorney General and stalling the clock.

And we're not going to have a meeting before the general election—I’m personally calling on you!

We have time; you got six days—call a meeting with all of those agenda items on the agenda and let's discuss it!

And let's have those things aired out by the commission.

The Deputy Attorney General needs to answer the three questions that we already asked of him.

We're not going to make another motion to ask him again in December because he's stalling the clock.

The was the ballot constitutional in the primary election is very pertinent for where we're at now!

It was not a constitutional ballot; he needs to answer that question in writing like we asked him to—

All of these things need to be answered!

So what is it? According to 3-1 175, anyone can submit anything to the commission, but it goes to you, and you don't distribute it.

And complaints can be written in to the commission, but you don't distribute the complaints!

So how does anybody get recourse from all these people testifying?

How do the public get recourse?

You're buying the clock!

I'm personally reaching out to you—call a meeting before the general election so we can address these issues!

Don't call it in December after the meeting is certified!

How can we use ballot images?

You and Scott Nago admitted that ballot images can be manipulated!

How are we going to use those for audits again?

That's ridiculous; if we know they can be manipulated, we need to use the paper ballots!

Signature verification is done without any observers; that needs to be addressed!

We have requested four times chain of custody documentation be submitted from the counties, and they do not have chain of custody documentation!

That's a big deal.

How do we certify an election if there's no chain of custody documentation?

How do we know election officials don't throw away our ballots?

And the answer is we keep chain of custody!

But we don't keep chain of custody!

These answers—everybody is dying!

They're out here listening to us again and again, and we listen to them and we say next, please!

Call a meeting before the general election!

Thank you, Ralph!

This meeting's agenda was the Sunshine Law violation of the last meeting, and I believe that agenda item has been concluded.

I'll adjourn the meeting, thank you.

Need to vote on it, Chair!

I don't know if I need a vote to adjourn.

There should be a motion to adjourn; you can’t adjourn it on your own!

I would ask Brian Ye for—or Jeffrey—for your—do we need a v—um, a motion to adjourn?

So although it is a common practice to have a vote, it's actually not required; the adjournment may be done by the chair.

Thank you, I'll adjourn the meeting.

Thank you.