Game-Playing at Forsyth Elections Board | Eastern North Carolina Now

    Publisher's note: This post, by Susan Myrick, was originally published in the Issues section(s) of Civitas's online edition.

    When I met Rob Coffman last month, he shook my hand and introduced himself as "the evil and incompetent Rob Coffman." I don't think he meant the introduction to be funny and I didn't laugh. There is little doubt that there are many people who might agree with the Forsyth County Board of Elections (BOE) Director's portrayal of himself.

    I was at the Forsyth County BOE as a result of a public records request I made to Coffman in September. I thought the initial request was simple enough. I made it as a result of research for an article I was writing regarding the discovery of hundreds of voter verification cards having been ignored for years in the Winston-Salem State University post office.

    Imagine my dismay when that request itself revealed that Coffman continues to display a cavalier attitude toward the law and the handling of vital election documents.

    In my request, sent to Coffman on Sept. 11, I asked for copies of those cards. I tried to be specific and referenced an article (with a link) in the Winston-Salem Journal that reported on the discovery, and I referred to the undeliverable mailings that were held at the Winston-Salem State University post office and not returned to the Forsyth BOE. I even estimated the number of cards at 580, because according to the September Forsyth BOE meeting minutes Ken Raymond, the Chairman of the Board, had reported collecting a total of 584 neglected cards from the WSSU post office in the course of a few days.

    You can imagine my surprise when on Sept. 23 I received emails from an assistant county attorney for Forsyth County containing four separate files that were made up of 785 copies of returned cards. That was just about 200 more cards than I expected. After inspection, I determined that of the 785 copies, 240 of them were mailed on or after Sept. 3, 2013. That would mean that about 40 of the cards that I should have received were omitted all together.

    I subsequently sent an email to Albright to inform him of the discrepancy. He emailed me a letter, explaining the sticking point was the word "all" and it was a reasonable that Mr. Coffman would look beyond the subject at hand and send me cards that were mailed after the Sept. 3 board meeting where the malfeasance was made public.

    It took several more emails, including one to the three-member board, before I received this email from Coffman on Oct. 3 (actually listed below as Emails, set #1). In the email Coffman advised me that there was not a total of 584 cards as was recorded in the official minutes of the Sept. 3 board meeting, but only 557 cards. (Click here to see a copy of an email string that includes the first request for public records through the email where I asked the board to be alerted to my public records request.)

    It was as if Coffman was playing games and trying to obscure the real problems  -  or was indeed incompetent in handling these important election documents. In an earlier email (actually listed below as Emails, set #3) exchange between him and Ken Raymond, I discovered that Coffman had sent the board "the copies of the cards" and also only sent 471  -  as if board members would not look at the file or count the cards. Raymond indicated that of those, 121 copies were not part of the original cards that he found at the WSSU post office.

    In the end, I copied not 557 cards, but 556 cards. (No one will ever know if these were the cards Raymond recovered from the university post office). Most of them were not list-maintenance mailings as Coffman indicated to the media in September, but the majority of cards were verification cards sent to new voters or voters who had moved or made other changes in their records to verify their address as North Carolina statute requires. The verification process is the only part of the process that can currently catch fraudulent registration or administrative mistakes. Ignore it at the peril of the system.

    The majority of the cards were mailed to voters who voted in the 2008 election and most of those voters registered either during same day registration or in the days leading up to the 25-day deadline. But there were approximately 20 cards for voters who voted in 2012 too. Perhaps, if Coffman had followed the law and proper procedure, some of these voters would have been found to be ineligible to vote in the jurisdiction because of an invalid address.

    There were also several cards in these files that were mailed to voters who lived on the Wake Forest University campus, but had been delivered to the WSSU post office in error. These cards never made it to the intended voter because Coffman ignored the law.

    This encounter with the Director of the Forsyth County BOE has been disconcerting to say the least. Coffman made it look like he was trying to hide something by sending me cards that I did not ask for and not sending some cards for which I did ask. At the best this shows sloppiness and indifference to the proper handling of voting records. That alone is intolerable in a process where one vote can change an election. Worse, it may show indifference to the law. Worst of all, it suggests a deliberate willingness to ignore or bend the law.

    His unreserved contempt for protocol and the law should disturb the people of Forsyth County. It is also troubling to know that Coffman singled out WSSU as the only University where he had an agreement that effectively exempted campus voters from the verification process.

    Coffman continues to be supported by the Forsyth County government and the State Board of Elections. Here is an audio of Don Wright's interview with a former employee who complained that Coffman had made inappropriate remarks to her. Wright refused to call for an official investigation into Coffman's behavior and failure to follow federal and state law in 2010. Wright said that because Coffman could "get an election out" they couldn't do anything at the time of the interview, but it was not unprecedented to hold on to a Director until after an election. Whatever "get an election out" means, the people of Forsyth County should not want such maneuvers in their home county. And three years have passed, but Coffman remains in office.

    Forsyth voters should be worried that Coffman is still at the helm of their elections. The SBOE should initiate a new investigation immediately, but this time send a real investigator, not the board's attorney, who had a penchant for gossip and only embarrassed himself with the outcome of his look into Coffman's circus at the Forsyth County BOE.

Emails, set #1
    From: Albright, Lonnie G [mailto:albriglg@forsyth.cc]

    Sent: Wednesday, September 25, 2013 12:21 PM

    To: Susan Myrick

    Subject: RE: Forsyth County BOE public records request

    Dear Ms. Myrick,

    I am in receipt of your email and have forwarded it to the BOE Director, Mr. Coffman. Thank you. Lonnie Albright

    ________________________________________

    From: Susan Myrick [mailto:Susan.Myrick@nccivitas.org]

    Sent: Wednesday, September 25, 2013 11:51 AM

    To: Albright, Lonnie G

    Subject: Forsyth County BOE public records request

    Mr. Albright,

    Thank you for the emails that contain copies of voter cards and confirmation cards. After looking through the copies, forwarded to me by you, I detect that Mr. Coffman made the decision to include more than 200 copies of cards that I did not request, subsequently omitting cards I did request.

    I discovered the discrepancy by subtracting the number of cards that had been discovered by Chairman Ken Raymond at the WSSU Post Office, from the number of copies forwarded to me. According to the minutes from the September 3, 2013 Forsyth County BOE meeting, Mr. Raymond first retrieved 418 cards and then another 166 a few days later - equaling 584 total returned mailings - there were 785 copies of voter cards/confirmation cards in your emails to me. Of the cards you forwarded to me, 240 were mailed on or after September 3, 2013 - the date of the board meeting.

    I believe I was very clear in my official request for the cards - this is what I asked for in my request on 9/11/13 :

    (1) Please send me copies of all list maintenance or other voter registration verification mailings that, according to this article, were held at the Winston-Salem State University Post Office and not returned to the Forsyth County Board of Elections as is required. Include all useful information in the copies, including the voter information and the label/sticker with the explanation as to why the mailing could not be delivered. Reports are that there were more than 580 cards held by the post office on the WSSU campus.

    I must conclude that Mr. Coffman didn't send all the copies of the cards I requested and sent more than 200 I didn't request - this is troubling. I am sure that you were unaware of Mr. Coffman's mishandling of the request, given that you are the Asst County Attorney, Forsyth County, NC, and you understand the importance of complying with official requests for public record (NCGS 132-1).

    While I would like Forsyth County to comply with my public records request to obtain copies of all the mail that was discovered being held at the Winston-Salem State University Post Office, I first would like you to forward me the email addresses for all the Forsyth County Board of Elections members. I believe that they need to be aware of my request for public records and how Mr. Coffman has chosen to respond. After I receive their emails, I will forward the board members our emails (with attachments) and then I will travel to Winston-Salem to make the copies of the documents I requested myself. I will do this to make sure I get a copy of everything I asked for including the label/sticker with the explanation as to why the mailing could not be delivered and any other pertinent information on the mailings (this information was not included in the copies you sent to me).

    My hope is that the Board will help me get all the answers and documents that I requested in my initial request, including the ones that you deemed "informational". So you may understand, #3 in my original request, concerned the agreement that Mr. Coffman made with WSSU officials (to change policy and procedures) years ago, not the pieced together emails you forwarded me in your response on September 23. And, at to #4 in my email, if the State Board of Elections approved Mr. Coffman's change in policy, it would be in writing or in an email - that is a public records request. Both question 2 and 4 should be answered so that I will know why you are not forwarding me the public records that I am requesting

    Mr. Albright, I have copied and pasted all the emails between you, Mr. Coffman and myself concerning this public records request. I have also included a copy of your letter to me on a word document. I believe this is important because anyone reading these emails should understand how Forsyth County works through a public records request.

    I look forward to your next email containing the Board members contact information.

    Thank you.

    Susan Myrick

    Susan Myrick

    Election Policy Analayst

    Civitas Institute

    From: Albright, Lonnie G [mailto:albriglg@forsyth.cc]

    Sent: Monday, September 23, 2013 9:48 AM

    To: Susan Myrick

    Subject: BOE records Request

    Dear Ms. Myrick,

    I am going to send you several emails concerning your BOE records request as my system will not permit me to do just one due to the size of the attachments. Thank you. Lonnie Albright, Asst County Attorney, Forsyth County, NC.

    NOTE: This is a Forsyth County operated e-mail system. ALL e-Mail communication is subject to be accessed by the news media and the public pursuant to the Public Records Law of North Carolina.

    September 23, 2013

    email transmission only

    Susan Myrick

    NC Civitas

    Susan.myrick@nccivitas.org

    Re: Public Records Request

    Dear Ms. Myrick:

    I am an assistant County Attorney assigned to the Forsyth County Board of Elections. In regard to number 1 of your request, please find attached to this email photocopies/electronic form of the voter registration verification forms you requested in your email to Mr. Coffman dated September 11, 2013. Almost all were maintenance cards that are mailed in the spring of every odd year to voters that did not vote in the prior 4 years. It is my information that the procedure is to send out a first mailing, which are not forwarded by the USPO and if there is no reply to this first mailing of voter verification forms then a second mailing is sent which is forwarded by the USPO if a forwarding address was provided. In the event there is no reply to the second mailing of voter verification notices then and in that event then the subject voter is removed from the voter records maintained by the County Board of Elections. This is a process for removing voters who have moved from the community. The remainder of your first request is a request for information and not a "public record".

    In regard to number 2 of your request, this appears to be a request for information and does not describe a "public record" as defined in N.C. Gen. Stat §132-1.

    In regard to number 3 of your request, included in the attached is an email between Rob Coffman and Cornelius C. Graves.

    Request number 4 is also a request for information and does not describe a "public record" within the meaning of and as defined in N.C. Gen. Stat. §132-1.

    Very Truly Yours,

    Lonnie G. Albright

    Asst. County Attorney

    LGA/pg

    attachments

    Thank you Mr. Albright for your response. I do understand about elections, I worked for the Wake County Board of Elections for more than 7 years - and have worked through many elections - large and small.

    I look forward to your next email.

    Susan Myrick

    Election Policy Analayst

    Civitas Institute

    From: Albright, Lonnie G [mailto:albriglg@forsyth.cc]

    Sent: Thursday, September 12, 2013 11:42 AM

    To: Susan Myrick

    Cc: Coffman, Robert H; Martin, Davida W

    Subject: Public Records Request to Board of Elections

    Dear Ms. Myrick,

    I am an assistant county attorney and your public records request to the Forsyth County Board of Elections has been forwarded to me. This purpose of this email is to acknowledge receipt of your request of September 11, 2013. As you may know, the Board of Elections is busy at this moment as the primary was held just several days ago. Notwithstanding, we will comply with our legal obligation to produce or provide for your inspection the public records you are entitled by law to have. Please do not hesitate to contact me with any questions or concerns. Thank you. Lonnie Albright, Asst. County Attorney

    Mr. Coffman,

    Please consider this an official request for Public Records according to NCGS 132-1.

    (1) Please send me copies of all list maintenance or other voter registration verification mailings that, according to this article, were held at the Winston-Salem State University Post Office and not returned to the Forsyth County Board of Elections as is required. Include all useful information in the copies, including the voter information and the label/sticker with the explanation as to why the mailing could not be delivered. Reports are that there were more than 580 cards held by the post office on the WSSU campus.

    (2) Please also forward to me the name of the contact at the WSSU post office with whom you/Forsyth County Board of Elections have an understanding that the undeliverable cards "would be sent back or the campus post office would contact the elections office to pick them up." (3) Please also send any documents, including emails and other electronic files, between you any Winston-Salem State University officials or staff (including but not limited to the post office staff) concerning voter registration in general or voter registration cards and list maintenance mailings.

    (4) Was this "understanding" about a change in Post Office and Board of Elections policy approved by the State Board of Elections and/or the US Postal Service? (5) If so, please send any and all documents (including emails and other electronic files), between you and any SBOE staff or board members (current or former) and you and any US Postal Service employee, that contain any information that would allow you to enter into an agreement of this nature.

    To expedite the information retrieval process, I request that you send any and all of the information requested above in electronic format to my email address: susan.myrick@nccivitas.org. I ask that you inform me and provide me with an estimate if there will be any costs before you proceed with the request.

    In the event that my request for access to any of the documentation listed above is denied under state law, I request that I be provided with the statutory basis for the denial as well as your reasons for believing that the alleged statutory justification applies in this instance. Such statements will be helpful in deciding whether to appeal an adverse determination, and in formulating arguments in case an appeal is taken.

    Mr. Coffman, please acknowledge receipt of this request. If you have questions or need clarification on any aspect of my request, do not hesitate to contact me.

    Thank you.

    Susan Myrick

    Election Policy Analayst

    Civitas Institute


Emails, set #3
    From: Coffman, Robert H [mailto:coffmarh@forsyth.cc]

    Sent: Tuesday, October 01, 2013 2:10 PM

    To: Kenneth Raymond

    Cc: Stuart Russell; Fleming El-Amin (ntv754@yahoo.com); Albright, Lonnie G; Susan Myrick

    Subject: Re: Public Records Request

    I disagree with you. She asked for all and she got all. It's not much easier to understand than that. We received some additional mailings returned from WSSU after the original two batches. Those additional items were included. I can guarantee that no returned mail from WSSU has been held back.

    She has been told she is welcome to come review the originals that were copied for her. It is truly beyond all logic and common sense to think I would withhold any of the returned cards. If anyone is perpetuating that theory they are extremely misinformed and being reckless with the facts.

    None of the returned cards have a post office sticker or other indication of why they were not deliverable. We have said before the process or lack of process at the post office is not our responsibility.

    I hope this helps.

    Rob

    On Oct 1, 2013, at 1:54 PM, "Kenneth Raymond" wrote:

    The problem isn't a disagreement about what constitutes a public records request.

    Multiple attachments were sent to Ms. Myrick and only one was sent to board members. I printed the attachment we received and examined the copies of the registration cards myself. And I encourage the other board members to do the same.

    If the copies on the multiple attachments Ms. Myrick received are similar to what we received, then Ms. Myrick did not get what she asked for.

    I found a of total of 584 voter cards at WSSU's post office, which we discussed during our meeting on September 3.

    The attachment had a total of 471 copies. Out of those, 121 copies clearly were not part of the 584 that I found.

    That's easily determined by looking at the issue date, of each card, at the top right hand corner on the first 31 pages. The issue date of each

    card says 09-03-2013, which was the date of our meeting. And obviously the cards that I brought back were issue much earlier.

    The remaining 350 copies, on the attachment, were among the last group of cards I found. However, the label/sticker information was not copied.

    Ms. Myrick's other requests were either questions related to the undeliverable cards, or additional related documents. And any related documents are certainly public record.

    Rob, on September 12th I asked you, in an email, to set aside the 584 cards for Ms. Myick's request. You responded "They are being kept separate" on that same day.

    Yet in the attachment sent to board members, it's clear that 121 copies were from cards that were not among the cards that I found at WSSU.

    And in the attachments sent to Ms. Myrick, she says that over 200 were not among the cards that she asked for.

    Ms. Myrick, please feel free to email me at kraymond5@att.net or call me at 336-671-9414.

    Ken Raymond, Chairman

    Forsyth County Board of Elections