INVESTIGATION: Unknown Number of Emailed Ballots Counted by RI Board of Elections

INVESTIGATION: Unknown Number of Emailed Ballots Counted by RI Board of Elections

Many believed that it was illegal for the Rhode Island Board of Election to accept and count ballots sent to the state by email in the 2020 election.

The Board’s Executive Director Robert Rapoza and Miguel Nunez, Deputy Director of Elections, have confirmed to GoLocal that a significant number of ballots were accepted from overseas and military personnel from unsecure emails and those ballots were counted in the final tally.

The acceptance of the ballots seems to have caught Rhode Island Secretary of State Nellie Gorbea, as well as the former vice-chair of the Board of Elections and the top election watchdog in Rhode Island, off-guard. 

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The number of ballots sent out was 3,072 and 2,732 were returned by overseas voters and members of the U.S. military.  

 

RI Secretary of State’s Office Unaware

According to multiple sources, Gorbea, who has repeatedly raised concerns about non-secure email ballots was unaware that the Board of Elections accepted and counted email ballots in the 2020 election.

In a letter to Representative Evan Shanley, chair of House Committee on State Government & Elections from Gorbea about legislation relating to disabled Rhode Islanders, she wrote, "My office currently transmits ballots to military and overseas voters. However, the current law implies that electronic transmission means faxing. In practice, faxed ballots rarely make it to voters because fax machines are rare and outdated. This bill would allow my office to establish updated methods of electronically transmitting ballots."

"In 2020, my office implemented an improved process for the electronic transmission of ballots to disabled residents. This allowed for many residents to vote by mail, independently. Still, voters could only receive their ballots this way. Ballots could only be returned by mail, or placement in a dropbox," stated Gorbea in the letter.

The Director of Elections for Gorbea, Rob Rock, when asked if it was legal for the state to accept votes by email, Rock said, “You will have to ask the Board of Elections."

Gorbea’s spokesperson said in an email to GoLocal, “I’m not sure of the exact date our office learned of the Board’s procedure to accept military ballots via email, but I do know it was before May of this year.”  

He added, “Our office has no oversight on the Board’s email security policies. All ballots are returned to the Board so you will have to ask them.”

 

 

 

 

Are Emailed Ballots Legal? Are Emailed Ballots Safe?

 

John Marion raised that online voting is not safe and that ballots returned electronically are not safe. Marion wrote in May to Shanley:

 

Rhode Island’s voting system should provide all voters, including those with disabilities, with safe and secure voting options. Unfortunately, online voting is not yet secure. In 2020 the Election Assistance Commission (EAC), Federal Bureau of Investigation (FBI), National Institute of Standards and Technology (NIST), and Department of Homeland Security (DHS) published a joint document that states, “Electronic ballot return faces significant security risks to the confidentiality, integrity, and availability of voted ballots. These risks can ultimately affect the tabulation and results and can occur at scale.”

The threat to the voting system, and the individual voter, is that their ballot will not be counted as cast and there is no way for the voter to verify that while also respecting the privacy of the ballot. California has created a process that has both rigorous security standards and accessibility for voters.

Steve Erickson, the former vice-chair of the Board of Elections told GoLocal on Tuesday that he believed the only way for ballots to be returned was via fax. "I know as a board we were opposed to expanding the use of electronic ballots [beyond fax]."

 

Nunez from the Board of Elections told GoLocal in a phone interview that of the ballots, "very, very few come back by fax."

 

According to Nunez, the Board decided to count email returned ballots in 2020 and that they "may have counted some in 2018."

 

According to the RI Board of Elections frequently asked questions section of its website, "Can I return my ballot other than mailing it?" The Board of Election states, "Yes, you can place your ballot in any authorized drop boxes across the state. Your ballot will be considered received as long as you place it in the dropbox by 8 pm on Election Day. A list of drop boxes is available at the Drop Boxes Page."

 

The state law regarding overseas and military ballots does not specifically state that ballots are allowed to be returned by email.

 

 

 

Board of Election Demands Over $1,200 to Provide Breakdown

 

On June 21, GoLocal requested a breakdown of the returned ballots -- how many were returned by mail, fax or email.

 

In a letter to GoLocal, the Board of Elections’ Richard Thorton demanded more than $1,200 to identify the number of email votes. “…the Board does not track the method in which US military overseas voters return their ballot. The Board’s staff would need to manually retrieve each fax or emailed ballot from storage to obtain the total tally of each category.

 

Based on the foregoing, the Board provides the following estimate for search and retrieval costs:

84 hours - 1 hour (no charge) = 83 hours

83 hours x $15/hour = $1,245.00

 

Though the total estimated cost to search and retrieve the data responsive to your request is $1,245.00, the Board will charge you the actual cost to search and retrieve the data responsive to your request,” states the letter.

 

GoLocal has submitted the required payment and has filed an objection.

 

Editor's Note: Erickson was the vice-chair of the Board of Election.