3/4
Quick note: previously noted Ben “Edelman” will testify for SecState. Misstated name - it’s Ben Edelen. Apologies. Still in recess.
Judge calls counsel to sidebar. We are now back on the record.There will be no more breaks.
Fielder calls CO Deputy SecState Chris Beall to the stand.
Fielder asking Beall about his domains of authority — where is he the decision maker.==
==BEALL TESTIFIES HE HAS NEVER SEEN THE
SPREADSHEET.==
Beall: “It’s accurate to say I wish it hadn’t happened… I would not, however, call it a security breach.”
Beall: Spreadsheet uploaded on June 21, taken down on October 24.
“We were in the process of assessing how to deal with it” when COGOP made the situation public.
Oct 29, we already had staff in the field conducting regular visits to counties…
34 counties had active passwords (released) for machines that were currently in use.
Would you agree that the passwords were published?
Beall (paraphrasing):I agree they were there and that our staff had to put them there; but the word published implies intent.
Fielder now having Beall read through the emergency rules passed last week.
“Secretary of State is a term of art in our rules, it refers to the office.”
Four exhibits placed before Beall. First one (last week’s rules - exhibit 5) is admitted.
The remaining three exhibits are Election orders re: Tina Peters case in Aug 2021. Questioning about these now.
Reading the Mesa County specific orders from 2021 where SecState prohibited the use of Mesa county equipment after BIOS passwords released.
Beall asked about current breach:“We are in the process of investigating but we’re talking about thousands of hours of video.”
Moves to admit exhibits.
No objection; the exhibits are admitted.
Fielder is out of time. Cross by AG, Fielder will have an opportunity to redirect, but otherwise his time is up.
State now asking Beall how current breach is different than Mesa county breach.
Investigating a breach is a lengthy process. They’re doing it now.
State is attempting establish differences between Mesa county (Aug 2021) and current breach.
State claims security protocols were substantially different. More security now — as a result of Mesa county. Beall is opining on the robust nature of rulemaking.
Beall confirms there was no active election during August 2021.
Note that this password exposure was live during two active elections.
No further questions. Fielder to redirect.
Fielder: Can you state that no unauthorized person has accessed the voting systems.
Beall: I have no information that they haven’t or that they have — in the process of evaluating that.
Fielder rephrases — can you assure no unauthorized access?
Beall: I cannot.
Technicians: 22 OIT technicians visited 9 counties. At least 9 SecState experts as well.
46 counties in question. 12 determined no risk (not using the same machinery). 34 counties remained that were exposed via this breach.
255 pieces of machinery in 34 counties.
Have all the logs been reviewed?
Beall: we’re still getting the logs; investigation is in process.
You can understand why the public is concerned?
Beall: I can understand. But the hard work and dedication of the election officials means that the concern is unwarranted. (Paraphrasing)
Beall confirms the county password is different than BIOS.
Beall dismissed. State calls Hillary Rudy from SecState.
Rudy: Deputy Elections Director in CO, held position since 2013. Rudy has worked for 6 SOSes, going back to 2006.
Rudy’s duties include training county staff and making sure they follow the rules.
Notably, Hillary Rudy was appointed as a babysitter in Elbert this cycle.
Rudy’s CV submitted into evidence as Exhibit A.
Going through third party associations to which Rudy belongs. “National Association of Elections Officials” and the specific certifications that Rudy obtained from the third party association.
State moves to qualify Hillary Rudy as an expert in Election Administration in Colorado.
Fielder voir dire: Are you testifying on technical specifics?
Objection!
Rephrasing.