prevent a fair expression of the popular will at such election." On December 10, 2004, false Election Returns generated due to the illegal recounting of Election Returns occurring on December 9, 2004 or December 10, 2004, were submitted to the Ohio Secretary of State for certification and subsequent submission to the Electoral College. These Election Returns were obtained due to the commission of an illegal act and cannot be construed as legal or certifiable. The only true, legal Election Returns of the Presidential Vote of the General Election of 2004 in Coshocton County are the Official Returns as certified by the Secretary of State on December 6, 2004 and the Official Certified Election Returns resulting from the Presidential Vote Recount of the General Election of 2004, occurring on December 14,2004.
On December 14,2004, the Coshocton County Board of Election, the Director and the Deputy supplied Election Returns in a document titled "Precinct Totals by Race Report" to candidates' witnesses. These Election Returns were represented as the official Election Returns of the Presidential vote of the General Election, November 2, 2004. These election returns were in fact the "amended official" referred to in the official Board of Election minutes of December 9, 2004, and generated by the illegal handling and recounting of Election Returns on December 9,2004 or December 10, 2004. This action constitutes a violation of ORC 3599.29, "Possession of False Records."
On December 9, 2004 or December 10, 2004, and again on December 14,2004, the Coshocton County Board of Election, the Director and the Deputy Director, violated ORC 3515.04 which states in part, "...the county Board of Election, in the presence of all witnesses who may be in attendance, shall open the sealed containers containing the ballots to be recounted, and recount them." The handling and recounting of the ballots not in the presence of the candidates' witnesses is a violation of ORC 3599.16, "Misconduct of Members of the Board of Election." The failure to store ballots in "sealed containers", as required by ORC 3515.04, is referred to in ORC 3599.32, " violations by election official not otherwise specified.", which states, "No official upon whom a duty is imposed by an election law for the violation of which there is no other penalty otherwise provided shall knowingly disobey such election law. Whoever violates this section is guilty of a misdemeanor of the first degree."
The events of December 9, 2004 and December 10,2004, specifically the illegal recount of the Presidential vote of the General Election of 2004, and failure to notify candidate no later than five days prior to a recount are corroborated in a letter (exhibit A) to me from the Director dated December 27, 2004 and written at the direction of the Coshocton County Board of Election. Additional corroboration is contained in the official minutes of an emergency special meeting of the Coshocton County Board of Election (exhibit B), held December 9, 2004.
The events of December 10, 2004, specifically the possession of false election returns for submission to the Office of the Secretary of State for recertification and subsequent submission to the Electoral College are also corroborated in the above mentioned letter (exhibit A)