Earlier this month, Fulton County admitted that approximately 315,000 early votes from the 2020 election were illegally certified but were nonetheless still included in the final results of that election.
The admission came during a Dec. 9 hearing before the Georgia State Election Board (SEB) stemming from a challenge filed by David Cross, a local election integrity activist. Cross filed a challenge with the SEB in March 2022. Cross alleged that Fulton County violated Georgia statute in the handling of advanced voting ahead of the November 2020 election, counting hundreds of thousands of votes even though polling workers failed to sign off on the vote tabulation “tapes” critical to the certification process.
And Fulton County admitted to it.
Ann Brumbaugh, attorney for the Fulton County Board of Registration and Elections, told the SEB in the hearing that while she has “not seen the tapes” herself, the county does “not dispute that the tapes were not signed.” Brumbaugh continued, “It was a violation of the rule. We, since 2020, again, we have new leadership and a new building and a new board and a new standard operating procedures. And since then the training has been enhanced. … But … we don’t dispute the allegation from the 2020 election.”
Georgia’s Secretary of State Office investigated the alleged failure to sign tabluation tapes and “substantiated” the findings that Fulton County “violated Official Election Record Document Processes when it was discovered that thirty-six (36) out of thirty-seven (37) Advanced Voting Precincts in Fulton County, Georgia failed to sign the Tabulation Tapes as required [by statute],” according to a 2024 investigation summary. In addition to probing the unsigned tabulation tapes, the investigation also found that officials at 32 polling sites failed to verify their zero tapes.
Georgia law requires that election officials have each ballot scanner print three closing tapes at the end of each voting day. Poll workers must sign these tapes or include a documented reason for refusal. Voting laws also require poll workers to begin each day of voting by printing and signing a “zero tape” showing that voting machines are starting at zero votes.
If there is no record of whether the tabulator was set at zero at the start of polling, there is no way of telling whether ballots from a previous election (or ballots from a test run) were left on the memory card and might later be counted. Notably, this happened in Montana, where officials discovered more votes than were cast and believe the votes were leftover sample data that had not been cleared.
“These signed tapes are the sole legal certification that the reported totals are authentic,” Cross told the SEB at the Dec. 9 hearing. “Fulton County produced zero signed tabulator tapes in early voting.”
Cross stated that he obtained 77 megabytes of election records from Fulton County through an open records request that cost $15,800. According to Cross, these included 134 tabulator tapes, representing 315,000 votes. Each signature block on these tapes was blank, Cross said.
Hellbound and Down 