STATE OF MICHIGAN IN THE CIRCUIT COURT FOR THE COUNTY OF ANTRIM WILLIAM BAILEY Plaintitt Case No. 20-9238-CZ v. ANTRIM COUNTY, HON. KEVIN A. ELSENHEIMER, Defendant. Matthew S. DePerno (P52622) Haider A. Kazim (P66146) DEPERNO Law OrFice, PLLC CUMMINGS, MCCLOREY, Davis & ACHO, PLC Attomey for Plaintiff Attorney for Defendant 951 W. Milham Avenue 319 West Front Street PO Box 1595, Suite 221 Portage, MI 49081 Traverse City, MI 49684 (269) 321-5064 (231) 922-1888, PLAINTIFF'S SUPPLEMENTAL BRIEF IN SUPPORT OF MOTION FOR AN EX PARTE TEMPORARY RESTRAINING ORDER, SHOW CAUSE ORDER, AND, PRELIMINARY INJUNCTION Plaintiff has received new information since the filing of his complaint and motion. After filing the lawsuit, Plaintiff's attorney was informed that Antrim County does not own the individual precinct tabulators. Therefore, Plaintifi’s team contact several townships and met with Central Lake Township, Star Township, and Mancelona Township on Friday, November 27, 2020, Indeed, the ASOG forensics team arrived in Bellaire, Michigan at 10:00 am, What we found was astonishing and contradictory to statements made by Secretary of State Jocelyn Benson, Antrim County Clerk Sheryl Guy, and Antrim County in its brief in opposition. 1. Secretary of State Jocelvn Benson The Michigan Manual for Boards of County Canvassers states that the Board of County Canvassers in every count in the state is "responsible for resolving any claims that malfunctioning voting equipment or defective ballots may have affected the outcome of a voteon an office appearing on the ballot." Under MCL §§ 168.831-168.839, these vote tabulator failures are a mechanical malfunetion that requires a "special election" in the precincts or townships affected. At 9:30 am on Wednesday, November 4, 2020, unofficial results posted by the Antrim County Clerk showed that 16,047 voters had cast a ballot in the presidential election. Presidential Candidate Joe Biden received 7,769 votes in the county and President Donald Trump received 4,509. Complaint, 418. The error was reported to Sheryl Guy by Jim Gurr. Jd. at (21. In other words, but for a citizen calling the Clerk, the error may not have been noticed. Secretary of State Benson then released a statement blaming Sheryl Guy for not updating certain "media drives," but her statement failed to provide any coherent explanation of how the Dominion Voting ‘Systems software and vote tabulators produced such a massive miscount.! Seci tary Benson continued: "After discovering the error in reporting the unofficial results, the clerk worked diligently to report correct unofficial results by reviewing the printed totals tape on each tabulator and hand-entering the results for each race, for each precinct in the county." Jd, What Secretary Benson fail to address is what would have happened if no one iscoverfed] the error." for instance, in other counties, where the number of registered voters is, much greater than Antrim County, and where the tabulators were not individually tested. 2. Central Lake Township The partial inspection on November 27, 2020 shows these statements are false. The ASOC forensics team first examined the November 3, 2020 tabulator tape ("Roll 1") and compared it to the November 6, 2020 tabulator tape ("Roll 2") in Central Lake Township. See Exhibit 1, ASOG Forensic Report on Central Lake Township in Antrim Michigan. Roll 1 had " See State of Michigan, Department of State Report, Isolated User Error in Antrim County Does Not Affect Election Results (November 7, 2020), available at hups://www.michigan.gov/documents/sos/Antrim_Fact_Check_707197_7.pdf. 21,494 votes. Roll 2 had 1,491 votes. Three ballots were damaged and were NOT recounted. One of these could have been Plaintiff's ballot. Based on this comparison, "1,474 votes changed across the two rolls, between the first and the second time the exact same ballots were run through the County Clerk's vote counting machine." /d. *1. This is not the result of "human error." Antrim County fails to explain how a "reburned CF card" will switch 1.474 votes. For instance, on Roll 1, President Trump received 566 votes. On Role 2, he received 565 votes. That is a mechanical malfunction and software problem. One issue on the ballot was a "Proposed Initiated Ordinance to Authorize One (1) Marihuana Retailer Establishment Wit in the Village of Central Lake." This was a very controversial proposal. On election night, there were 524 votes cast on this initiative, The vote was split even 262-262 and the initiative failed. See Complaint, Ex 3 (Nov. 3, 2020 Results). Then a recanvass was completed and new results were posted, See Complaint, Ex 4 (Nov. 5, 2020 Results). Then without explanation, Sheryl Guy's office contacted Judith L. Kosloski, the Clerk for Central Lake Township, and told her to bring her tabulator and the ballots to the County Clerk's office. On November 6, 2020, the seal was broken from the stored ballots and run through the tabulator again, These new results were posted on November 21, 2020. See Complaint, Ex 5 (Nov. 21, 2020 Results). Judy Kostoski states that "[iJt was at this time that I noticed that the number of votes cast on November 6, 2020, had changed from the tape of November 3, 2020. I stated to the Board that the numbers had changed. The Board did not respond to my comment, To this date, I still do not know why Central Lake Township was the only township that had to retabulate.” See Exhibit 2, Declaration of Judith L. Kosloski. The explanation is clear when we examine Roll 2 affer the retabulation. Now, the initiative passed by 1 vote. This is not possible. Again, 3 ballots were spoiled and not recounted and the initiated lost 3by 1 vote. This means that 262 people living in Central Lake Township were disenfranchised of their vote. At the very least, 3 people lost their vote without any explanation. Having seen that the ballot ative lost, Sheryl Guy called Judy Kosloski to her office, performed some type of manual override on the CF card, ran the very same ballots through the machine again, and flipped the election. In the election for Central Lake Schools Board Member, Roll 1 shows 1,068 votes cast, whereas Roll 2 shows 1,810 votes cast. Ex 1, ASOG Forensic Report, *3. There is no explanation as to how 742 votes were shifted to this election. Likewise, in the election for Elsworth Schools Board Member, Roll 1 shows 663 votes cast, whereas Roll 2 shows 6 vote cast. 1d. Judy Koslinski states that "Ellsworth Township has only six voters eligible to vote on that contest and three exercised their right to vote.” Koslinksi Declaration, *1. Antrim County has provided no explanation as to why Roll 1 recorded 663 votes. More importantly, between the elections for Central Lake Schools Board Members and Ellsworth Schools Board Member, there were a combined 1,731 votes on Roll 1; whereas there were a combined 1,816 on Roll 2. Given that Roll 1 1 had 1,494 votes. Roll 2 had 1,491 votes (including the 3 spoiled ballots) where did the additional 85 votes come from? Or put another way, in what races did candidates lose 85 votes where the additional votes went to the lowest "down ballot” races. In the election for State Proposal 20-1, there were 1,282 votes on Roll 1; whereas there were 1,289 on Roll 2. There is no explanation as to where the extra 7 votes came from; or conversely what other races lost 7 votes and why. Further, the "YES" vote increased on Roll 2 by 309 votes; whereas the "NO" vote decreased by 302 votes. This is impossible when we consider that the same ballots were pushed through the same tabulator. But even more alarming is the overall county results for State Proposal 20-1. On November 3, 2020, there were 7,424 votes cast 4on this election [Exhibit 3]. But on November 5, 2020, there were 15,013 votes cast in this election hibit 4]. Antrim County (in its brief) and the Secretary of State have provided no explanation regarding the uptick of 7,589 votes. Antrim County only states that the Antrim County Board of Election Canvassers recanvassed the election. Defendant's Brief, at 4. Of course this makes little sense, A recanvass is simply a checking the math on the precinet work sheets. Are we to believe that the precinct work sheets were off by 7.589 votes? Unlikely, if not impossible. Antrim County then claims that CF cards were "reburned" on November 6, 2020. This process of changing the CF cards AFTER the election resulted in 14,722 votes cast in this race [Exhibit 5]. So what we know is the tabulators completely malfunctioned on November 3, 2020 resulting in 7.424 votes; then the Canvass Board checked the math on their work sheets and came up with 7,589 more votes; but even that was wrong because the number dropped again by 291 afier the illegal post-election software update, And on an additional note, there is no explanation given on how or why the votes changed after the November 7, 2020 illegal post- election software update. The ballots were not pushed through the tabulators again, which means the results were pulled off thumb drives. 3. Star Township At Star Township, the ASOG forensics team interviewed Star Township Supervisor Robert Marsh. He signed a declaration that states he reviewed a tabulator tape on election night that showed President Trump won Star Township 462-161 [Exhibit 6]. This means he reviewed the tape AFTER the election. By the next morning AFTER the results were submitted to the Sheryl Guy, the results changed in favor of Joe Biden 462-10. This is actually confirmed on the election results. See Complaint, Ex. 3, page 8. Antrim County claims that this was "human error" 5as a result of an update not being applied to the precinet tabulators. If that was true, then the tape would have been wrong. The tape was correct. The problem occurred in Sheryl Guy's office. 3. Mancelona Township At Mancelona Township, the ASOG forensics team examined the tabulators for Precincts 1 and 2. The tabulator for Precinet 1 [Exhibit 7] shows that no security tape is present on either side of the machine, which means the ballots are not secure. The tabulator for Precinet 2 [Exhibit 8] has the security tape. 4. ASOG Forensic conclusions The ASOG forensic team concludes that Secretary of State Benson was not correct when she stated that "all tabulators counted ballots correctly." Ex 1, *S. The explanation that Antrim County "review[ed] the printed totals tape for each tabulator and hand-entered the results for e ch race, for each precinet in the county" makes little to no sense. The tapes that were spit out were completely wrong. Reviewing those tapes (i.e. recanvassing) and hand-entering numbers would only yield the same results. There is something missing from the story being told. It is actually impossible to "recanvass" the results from the November 3, 2020 tapes [Complaint, Ex 3] and come up with the results from November 5, 2020 [Complaint, Ex 4]. 5. Problems with Dominion machines In deciding to award Dominion a $25 million, ten-year contract (to a Dominion project team led by Kelly Garrett, former Deputy Director of the Michigan Democratic Party), and then certifying Dominion software, Michigan officials disregarded all the concerns that caused Dominion software to be rejected by the Texas Board of elections in 2020 because it was deemed vulnerable to undetected and non-auditable manipulation [Exhibit 9]. The affidavit of Harri Hursti also provides evidence of Dominion machine corruption. 6Respectfully submitted DePERNO LAW OFFICE, PLLC Dated: December 2, 2020 (s/ Matthew S. DePerno Matthew S. DePerno (P52622) Attomey for Plaintiff 7