October 29, 2015

South Carolina Election Commission

Ms. Marci Andino, Executive Director
Via email (elections@elections.sc.gov)
Ms. Andino:
I am writing to follow up the complaint filed with your office on October 21,
2015 by Rocky Mountain Foundation and me. I have not received a response
to the complaint, although I did place a call to Mr. Whitmire of your office. I
note that Mr. Whitmire offered certain comments to the press for an article
that I have attached for your reference. I write to seek clarification of those
comments.
Mr. Whitmire apparently told the press that the complaint was not
considered a formal complaint, and therefore would not be reviewed by the
state commission. Please direct me to the guidelines that document the
requirements to file a formal complaint that is subject to review by the
commission. I request that this matter be taken up by the Commission in a
formal review.
Whitmire also reportedly stated that I misunderstand the Open Meetings
Laws in South Carolina claiming that the law does not apply if a formal
meeting has not been called. The law is clear that no meetings of a public
body such as the County Election Board may take place without a public
notice. No public business is to be conducted without such a noticed public
meeting. 7-15-420 provides that the election board is responsible for the
tabulation of absentee ballots. Absentee ballot tabulation and review is
certainly business of the board. 30-4-20(d) prohibits actions taken without a
properly noticed and conducted meeting of the board. If there is a statutory
exemption for election boards to undertake action in private, please provide
that reference. 7-13-1110 requires that the ballot box be publicly opened.
Article II, Section 1 of the South Carolina Constitution is clear that ballots
may not be counted in secret. Please explain what Commission believes to be
my misunderstanding of the law that requires public observation of ballot
counting conducted by the public board undertaking their statutory duties.
The clear intent of the constitutional provisions and the statutory provisions
are to permit the public to observe the ballot counting at a close enough range
to verify the accuracy of the count, and to file challenges if there are ineligible
absentee ballots or inaccurate tabulations. The reported example of the

public standing at one end of a counting room while tabulation happens at

the other does not satisfy the transparency requirements.
Apparently Ms. Fryar stated to the press, as well as to the county board, that
the State Election Commission has no jurisdiction over the County Board of
Elections. That is not my understanding referencing the provisions of 7-325. Please clarify. If Ms. Fryar is attempting to continue to obfuscate the
duties of the board, I reiterate my request for the consideration of her
removal or other appropriate disciplinary action.
Please note that she continued her disparaging remarks about me by stating
to the press that she was very fearful of me because of my actions. Any
witness to my visit would certainly report that I was in no way threatening or
menacing or anything less than professional in my demeanor. Her false
allegations are intended to discredit Rocky Mountain Foundation and me,
and should be investigated by the State Election Commission. It was
reported that Fryar stated that Upchurch observed every conversation we
had. I do not believe this to be true, particularly the conversation in which
Fryar left the counting room and came into the foyer and accused me of
dishonesty. I believe that Ms. Upchurch was not present during that
exchange.
Please let me know when this complaint will be considered by the
Commission. Also, please inform me what steps are being taken to ensure
that the municipal elections on Tuesday, November 3 will be fully
transparent to allow meaningful public observation of ballot counting.
Please provide a copy of this letter to each Commission member.
Thank you for your consideration. Please contact me with any questions or
need for additional information.

Marilyn Marks
7025 Marching Duck Drive E504
Charlotte, NC 28210
970 404 2225
Rocky Mountain Foundation
1550 Larimer Street #246
Denver, CO 80202
cc: Chris Whitmire (via email)

Angela Upchurch (via email)

Billy Way, Jr., Chair (via general dept. email)
Mark A. Benson (via general dept. email)
Marilyn Bowers (via general dept. email)
E. Allen Dawson (via general dept. email)
Nicole Spain White (via general dept. email