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Robert Keyes Supreme Court Hearing

The document is a legal petition filed by Robert C. Keyes challenging the results of the election for State Senator in District 13, Cleveland County, Oklahoma, citing allegations of irregularities including discrepancies in absentee ballot counts and potential ballot harvesting. It includes various appendices detailing evidence and responses related to the claims, as well as orders for recounts and hearings. The petition seeks a writ of mandamus to address these alleged irregularities and ensure proper election procedures are followed.

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189 views109 pages

Robert Keyes Supreme Court Hearing

The document is a legal petition filed by Robert C. Keyes challenging the results of the election for State Senator in District 13, Cleveland County, Oklahoma, citing allegations of irregularities including discrepancies in absentee ballot counts and potential ballot harvesting. It includes various appendices detailing evidence and responses related to the claims, as well as orders for recounts and hearings. The petition seeks a writ of mandamus to address these alleged irregularities and ensure proper election procedures are followed.

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= = = =a = = = m= = = ot = I IN THE SUPREME COURT OF THE STATE OF OKLAHOMA ROBERT C. KEYES, an individual, Petitioner, FILED SUPREME C | St ‘QURT : TATE OF OKLAHOMA OCT 3 THE OKLAHOMA SI LECTION | — No. 1 an BOARD; THE CLEVELAND COUNTY | JOHN D. HADDEN ELECTION BOARD; AND THE | CLERK HONORABLE JEFF VIRGIN, DISTRICT COURT OF CLEVELAND COUNTY, 21ST JUDICIAL DISTRICT, PRESIDING, sete #122622 PETITIONER'S INDEX OF APPENDIX TO BRIEF IN SUPPORT OF ‘APPLICATION TO ASSUME ORIGINAL JURISDICTION AND PETITION FOR WRIT OF MANDAMUS ~ VOLUME I (APPX 01-09) Appeal from the Oklahoma State Election Board and The Cleveland County Election Board, The Honorable Jeff Virgin Presiding ‘Cause No.: 2024-06 Allegations of Irregularities in the Election for Office, The Office of State Senator, District 13, Cleveland County, Oklahoma Gideon A. Lincecum, OBA No. 19674 Michael A. Furlong, OBA No. 31063 Mark D. Myers, OBA No. 344 Fareshteh Hamidi, OBA No. 34155 Luke A. Helms, OBA No. 35130 STEPTOE & JOHNSON, PLLC Oklahoma Tower, 23rd Floor 210 Park Ave., Ste. 2300 Oklahoma City, Oklahoma 73102 Tele: (405) 930-5151 Fax: (405) 212-5843 [email protected] [email protected] mark.myers@ fareshteh. [email protected] [email protected] Counsel for Petitioner, October 31, 2024 Robert C. Keyes et 1 Io ooo ca ca co PETITIONER’S INDEX OF APPENDIX TO BRIEF IN SUPPORT OF APPLICATION TO ASSUME ORIGINAL JURISDICTION AND PETITION FOR WRIT OF MANDAMUS, Appendix No. 1 Appendix No. 3 Relevance: Synopsis: Relevance: ‘Synopsis: Relevance: Synopsis: Description and Date Petition with Exhibits, filed August 30, 2024 Demonstrates Petitioner’s claims regarding election irregularities. Petition alleges certain irregularities with respect to the election in Oklahoma Senate District 15 setting forth basis for recount, Oklahoma Election Data Warehouse data discrepancies, and issue of Standridge Campaign Treasurer engaging in Absentee Ballot Harvesting. Response in Opposition with Exhibits, not dated Opposes Petitioner's claims and requested relief Challenges whether Petition states a claim for irregularities offering a declaration from Rusty Clark, the Assistant Secretary of the Oklahoma State Election Board attempting to explain the discrepancies involving the Oklahoma Election Data Warehouse data. Description and Date Proffered Statement of Organization Candidate Committee Identifies Kay Osborn as the Treasurer for Lisa Standridge for Senate 2024. Evidence supporting Keyes Petition alleging Absentee Ballot Harvesting. Kay Osborn is listed as the Treasurer for the Candidate Committee Lisa Standridge for Senate 2024. I ono oe I Appendix No. 4 Appendix No. Relevance: Synopsis: Relevance: Synopsis: Relevance: ‘Synopsis: Description and Date Proffered Absentee Ballots and Affidavits Notarized or Witnessed by Standridge Campaign Treasurer, Kay Osborn Shows fifteen (15) separate incidents where Standridge Campaign Treasurer, Kay Osborn, cither notarized or witnessed an absentee ballot or affidavit in violation of Oklahoma law. Absentee ballot harvesting (26 O.S. § 14-101.1) involving ten or more absentee ballots is a felony, punishable by five years in prison, a $50,000 fine, or both. See 26 O.S. § 14-108 & 26 O.S. § 16-104.1(A)-(B). Evidence of Absentee Ballot Harvesting, including ten (10) absentee ballots notarized by Standridge Campaign Treasurer, Kay Osborn, and five (5) absentee affidavits, Kay Osborn was prohibited by Oklahoma law from notarizing or witnessing any absentee ballots, See 26 OS. § 14-108 & 26 OS. § 14-101.1(A)(7). Description and Date Order for Irregularities Hearing dated August 30, 2024 Order setting evidentiary hearing on factual allegations of irregularities alleged in Petition. Evidentiary hearing on Petition alleging irregularities set for September 5, 2024. Description and Date Order for Recount dated August 29, 2024 Recount ordered. Recount set for September 5, 2024. Appendix No. 9 Relevance: Synopsis: Relevance: Synopsis: Relevance: Synopsis: Relevance: Synopsis: Description and Date Results by Precinct with Oklahoma Election Data Warehouse Data Comparison of results with election data warehouse data. Shows differences between results and election data warehouse data, Voter List Shows registered voters. Information about registered voters. Description and Date Return of Service on Standridge Return of Service on Petition showing date served. ‘Shows Petition was served on August 30, 2024 to Standridge. Description and Date Return of Service by County Sheriff on Recount Order Retum of Service on Recount Order showing date served. Shows Recount Order was served on August 30, 2024 to Standridge. co coy co co co ea ee a ee eae a eae ae eae aa Appendix No. W 12 ppendix No. 1B Relevance: Synopsis: Relevance: Synopsis: Relevance: Synopsis: Description and Date Hearing Transcript dated September 5, 2024 Relevant to Recount. Transcript of Proceedings. Description and Date Hearing Transcript dated September 6, 2024 Relevant to Irregularities Proceedings. ‘Transcript of Proceedings. Description and Date Findings of Fact and Conclusions of Law dated September 13,2024 ‘Agreed Findings of Fact and Conclusions of Law ‘on second and third issues omitted despite settlement agreement to resolve evidentiary hearing. ‘Makes a single Finding of Fact and Conclusion of Law with respect to just the recount. Caco co ose eee ae ae eee a eae aaa lca rae 14 Relevance: Synopsis: Relevance: ‘Synopsis: Description and Date Motion to Modify September 13, 2024 Ruling dated September 20, 2024 Motion requesting modification of Findings and Conclusions to include the second and third issues omitted despite agreement that resolved evidentiary hearing. Seeks modification of Findings and Conclusions to include issues agreed to be included in Findings and Conclusions as part of a settlement agreement to resolve evidentiary hearing and provide for certification of primary election. Description and Date Response in Opposition to Motion to Modify September 13, 2024 Ruling dated September 27, 2024 Response in Opposition seeking to preclude Findings and Conclusions on second and third issues despite settlement agreement to resolve evidentiary hearing, Conclusions to include issues that were agreed to be included in Findings and Conclusions as part of a settlement agreement to resolve evidentiary hearing and provide for certification of primary election. Appendix No. 16 Appendix No. 7 Relevance: Synopsis: Relevance: Synopsis: Description and Date Reply in Support of Motion to Modify September 13, 2024 Ruling dated October 4, 2024 Reply in Support of Motion to Modify to address misleading statements made in Response in Opposition. Reply to presenting Oklahoma Supreme Court authority providing that a trial court’ failure to receive evidence on disputed issues and make a determination on critical fact issues constitutes an abuse of discretion. Description and Date Email from Cleveland County Election Board dated September 27, 2024 Demonstrates coordination between Election Board and Standridge campaign to suppress evidence of absentee ballot harvesting. Email from Cleveland County District Attomey’s office siding with Standridge campaign attempt to suppress evidence, prevent further hearing, and avoid performing on settlement agreement entered into to resolve the evidentiary hearing on irregularities. Appendix No. 18 Appendix No. 19 Relevance: Synopsis: Relevance: Synopsis: Deseription and Date Hearing Transcript dated October 7, 2024 Relevant to Irregularities Proceedings and trial courts abuse of discretion in refusing to receive evidence and make necessary Findings and Conclusions per the settlement agreement entered to resolve the irregularities proceedings. Transcript of Proceedings. Description and Date Journal Entry on Petitioner’s Motion to Modify September 13, 2024 Ruling entered October 30, 2024 Trial court’s refusal to receive evidence and make necessary Findings and Conclusions per the settlement agreement entered to resolve the imegularities proceedings. Journal Entry denying Petitioner’s Motion to Modify. Dated this 31st day of October, 2024. Respectfully Submitted, Gideort A. Lince¢um, OBA No. 19674 Michael A. Furlong, OBA No. 31063 Mark D. Myers, OBA No. 34435 Fareshteh Hamidi, OBA No. 34155 Luke A. Helms, OBA No. 35130 STEPTOE & JOHNSON PLLC Oklahoma Tower, 23rd Floor 210 Park Ave., Ste. 2300 Oklahoma City, Oklahoma 73102 Tele: (405) 930-5151 Fax: (405) 212-5843 [email protected] michael. [email protected] [email protected] fareshtch-hamidi@steptoe johnson.com [email protected] Counsel for Petitioner, Robert C. Keys Jc co co CERTIFICATE OF SERVICE Thereby certify that on October 31, 2024, I served the attached document by First Class US. Mail, postage paid, on: Rachel A. Rogers THE OKLAHOMA STATE ELECTION BOARD 2300 N. Lincoln Blvd, Room G28 Oklahoma City, Oklahoma 73105 Tele: (405) 521-6962 Fax: (405) 522-4536 [email protected] Counsel for The Oklahoma State Election Board Robin K. Moore DISTRICT ATTORNEY’S OFFICE, DISTRICT 21 201 S. Jones ‘Norman, OK 73069 Tele: (405) 321-8268 robin. moore@dac state.ok.us Counsel for The Cleveland County Election Board ‘The Honorable Jeff Virgin, District Judge Cleveland County Courthouse 201 S. Jones ‘Norman, OK 73069 V. Glenn Coffee Denise K. Lawson Michael J. Fields GLENN COFFEE & ASSOCIATES, PLLC P.O. Box 437 Oklahoma City, Oklahoma 73101 Tele: (405) 601-1616 [email protected] [email protected] [email protected] Counsel for Lisa Standridge 10 Respectfully Submitted, GideorA. Linte¢um, OBA No. 19674 STEPTOE & JOHNSON PLLC Oklahoma Tower, 23rd Floor 210 Park Ave., Ste. 2300 Oklahoma City, Oklahoma 73102 Tele: (405) 930-5151 Fax: (405) 212-5843 gideon,[email protected] Counsel for Petitioner, Robert C. Keyes W | RECEIVED BEFORE THE OKLAHOMA STATE ELECTION BOARD AND THE CLEVELAND COUNTY ELECTION BO SRD, Robert C. eye. candle : . betes thane tre ae : (ause Neo 2uad- U PETHION ALLEGING IRREGLLARITIES (OTHER LIAN FRAUD. sandidate forthe Office of Ohluhonns State Senate Disirat |Sat Tothe undersigned, was a e the announced Fesulls ot that the Flection conducted on August 27, 2024 1 hereby ehallem armies alleged below 1 the lection, as provided by 2600S §¥-120. based on the specific ir tamed counties and precinets, of mn the casting oF absentee ballots am the masied Couns | accompany this petition ih a cashicr’s check or cernfied eheck tm the aniount of two Hand Fatty Dollars 15250 001 tor each county affected by thts petition slarives sated here are saffigignt am mumider and of sah watre 45 6 N Prove that Fats haw ally cuted to by certified as the Repultican Party nominee Xn the ternative, prove that ay smpossible te determine: wath eather ertrnty which candidate #5 entitled to be verified as the Republican Parts I specttically allege the following sregulanties an the County and Precincts sted at the casting of absentee ballots 1 The Oklahonts State Election Board's Unottical Results page shows 1953 vatey coast including 2.502 votes tor candudate Lisa Sundridge and 2.481 ates tor candalate Robert ( of fiivone (ST) votes between the Wor camMndates Reyes Es tom fesults okeloctions gon ONE R “elgcDate- 20240827 (last accessed) Angus! 30,2078 2 Data tron the OMahonit Foxton Data Warehouse tor the ug Iyvhich as also anata to the Oblabants State Hectton Board shosss S40 yates Gast acl es co 3-c l “oo. oa a ea alc cla, Caren is cae Ee ee tu fifty-one (51) votes less than the total reported on the Unofficial Results page. See Attached Affidavit of Dr. Nicole Kish, with supporting exhibits 3. The Oklahoma Election Data Warehouse data further shows discrepancies for the following precincts, in some instances showing more votes than the Oklahoma State Election Board Unofficial Results and in some instances showing less: Preeinet Ne Oklahoma State Election | Oklahoma Election Data _— Board Unofficial Results Warehouse 140120 155 votes 158 votes - 140122, [62 votes 61 votes 140123 ___ [212 votes 224 votes 149125 [68 votes 69 votes 140300 232 votes [233 votes 140301 351 votes 353 votes 140302 —___ | 35 votes. | 36 votes a} 140304 418 votes [423 votes | 140307 281 votes 283 votes : 140308 ______ [84 votes. [87 votes {140309 130 votes: _ | 151 votes (140317 235 votes —_[237 votes | 140318 165 votes: | 169 votes. (440342 105 votes 103 votes 140343 119 votes a 121 votes 140344 168 votes 169 votes 140345 = 90 votes 91 votes 140346 71 votes [70 votes 140348 40 votes 42 votes 7 140351 | 139 votes. 142 votes : 140400 7 ____ [151 votes [140402 __ 206 votes, (40403 ___ [104 votes (Hao404 178 votes 181 votes Every effort has been made to ensure the accuracy of the above chart but the actual numbers reported in the Oklahoma State Election Board Unofficial Results and the Oklahoma Election Data Warehouse control, The numbers show that there are a total of fifty-six (56) votes reflected in the Oklahoma Election Data Warehouse totals that are not reflected in the Oklahoma State Election Board 2 ed ed ete ed mama noaoaoo neo cy ,co i co 2 Unofficial Results and there are a total of five (5) votes reflected in the Oklahoma State Election Board Unofficial Results that are not reflected in the Oklahoma Election Data Warehouse totals, ‘Thus, there is a potential discrepancy of up to sixty-one (61) votes. It is not possible simply to net the two numbers out because the discrepancies arise from different precincts and different voters. It is necessary to determine why the Oklahoma Election Data Warehouse totals do not match the Oklahoma State Election Board Unofficial Results in every instance. Until the discrepancies involving sixty-one (61) votes are resolved, it is impossible to determine with mathematical certainty which candidate won the election when the current unofficial margin between the two candidates is fifty-one (51) votes. . 4, In addition to the foregoing, the Robert C. Keyes Campaign sent mailings to registered voters before the election. Eight (8) of the mailings were returned marked by the United States Post Office as “RETURN TO SENDER / NOT DELIVERABLE AS ADDRESSED / UNABLE TO FORWARD.” Each of the eight (8) voters whose mailings were retumed is reflected in the Oklahoma Election Data Warehouse as having voted in the August 27, 2024, runoff election, See Attached Affidavit of Dr. Nicole Kish, with supporting exhibits. 5. Thave learned that my opponent, Lise Standridge, delivered campaign literature to multiple voters with a message stating, “If you need a Notary, please call me and I will come to notarize your ballot. Call Kay Osborn 405-819-7022." See Attached Sample Image. I request that the Oklahoma State Election Board and/or the Cleveland County Election Board determine whether Ms. Osborn notarized more than twenty (20) ballots in violation of 24 O.S. § 14-108.1(C). 6. [further request that this Petition be set for hearing in compliance with 24 O.S. §§ 8-118 (“the secretary of the election board receiving the petition shall set a hearing” (emphasis added)). Respecttlly Submutted August 30, 2024, ROBERT C KEYES Michact A Furng-OB A # 11065 STFPIO & JoINss0N PLLC 210 Park Avenue, Suite 2300 Oklahoma City. Oklahoma 73102 Telephone 405-850-5369 inchae! furlong w steptoe johnson eo ATTORNEY FOR CANDIDATE ROBERT C. KEYES ann oOo aoe oO loll orm oi cco co. AFFIDAVIT OF DR. NICOLE KISH STATE OF OKLAHOMA ) ) ss. COUNTY OF CLEVELAND ) 1, DR. NICOLE KISH, upon oath being duly swom, depose and state as follows: 1. Lam of sound mind, 18 years of age or older, and competent to give this affidavit. Jam personally acquainted with the facts stated herein. 2, Tam the Republican Party Precinct Chair and Precinct Coordinator for Cleveland County, Oklahoma, 3. As such, I have access to the Oklahoma Election Data Warehouse, maintained by the Oklahoma State Election Board. 4, have reviewed the data in the Oklahoma Election Data Warehouse for the runoff election for Senate District 15 between Lisa Standridge and Robert Keyes that was held on August 27, 2024. 5. The data in the Oklahoma Election Data Warehouse shows that 5,004 votes were cast in the election. This contrasts with the unofficial results from the Oklahoma State Election Board’s website, which shows that 4,953 votes were cast, with 2,502 votes for Lisa Standridge and 2,451 for Robert Keyes. 6. The difference between the Oklahoma Election Data Warehouse total votes and the Oklahoma State Election Board total votes is fifty-one (51) votes. The difference between the unofficial report of votes for Lisa Standridge and Robert Keyes is also fifty-one (51) votes. 7. A spreadsheet I prepared by downloading and sorting data from the Oklahoma Election Data Werehouse regarding the runoff election for Senate District 15 between Lisa ca ca co ono oo Seo co oa co. co.cc Standridge and Robert Keyes that was held on August 27, 2024, is attached to this Affidavit as Exhibit 1 8. am informed the Keyes Campaign sent mailings to prospective voters prior to the election using addresses from the Oklahoma Election Data Warehouse. Eight of the mailings were returned based on the United States Post Office's determination thet the mailings were “NOT DELIVERABLE AS ADDRESSED UNABLE TO FORWARD”. I have possession of the eight returned mailings and images of them are attached hereto as Exhibit 2 9. The election records in the Oklahoma Election Data Warehouse show that the eight (8) voters whose mailings were returned nonetheless voted in the runoff election for Senate District 15 between Lisa Standridge and Robert Keyes that was held on August 27, 2024. Those voters are listed in the spreadsheet that is attached hereto as Exhibit 3. FURTHER AFFIANT SAYETH NOT. I state under penalty of perjury under the laws of Oklahoma that the foregoing is true and correct. ICOLE KISH Subscribed and sworn to before me this 30th day of August, 2024. My commission expires: Aw zZ5 [SEAL]

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