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.
Cross also highlighted additional irregularities, such as polling locations being open at “impossibly late hours, like 2:09 a.m.” Cross also said that he found “duplicated scanner serial numbers, where the memory devices were removed from one scanner and printed on an alternate scanner.”
“These are not clerical errors. They are catastrophic breaks in chain of custody and certification,” Cross said.
“Because no tape was ever legally certified, Fulton County had no lawful authority to certify its advanced voting results to the secretary of state. Yet it did,” Cross said. “And Secretary Raffensperger accepted and folded those uncertified numbers into Georgia’s official total without questioning them. This is not partisan. This is statutory. This is the law. When the law demands three signatures on tabulator tapes and the county fails to follow the rules, those 315,000 votes are, by definition, uncertified.”
Kevin Moncla, an election integrity activist who has been at the forefront of these challenges, estimates the number is likely higher than 315,000.
Cross is asking the SEB to “impose sanctions on Fulton County, have them publicly acknowledge their violations, and for the state to decertify Fulton County’s 2020 advanced voting results. It’s not to change who sits in the White House or what the score was, but, but instead to place an indelible and permanent asterisk on the record and finally force accountability.”
The Federalist inquired with the Georgia Secretary of State’s Office as to who was responsible for accepting Fulton County’s tabulator tapes despite there being no signatures at all. The office did not return a request for comment at the time of publication.
