Secretary of State Griswold Proceeds with a Lawsuit in the Case of a Breach of Voting System Security Rules in Elbert County

Denver, February 17, 2022 - Today, the Secretary of State proceeded with a lawsuit to enforce Election Orders 22-02 and 22-04, which were issued respectively on January 19, 2022 and January 27, 2022 to Elbert County Clerk and Recorder Dallas Schroeder regarding violations of Colorado Elections Rules in the imaging of voting system hard drives in Elbert County.

“Critical information regarding the unauthorized imaging of Elbert County’s voting system hard drives has not been disclosed by Clerk Schroeder and the copies of the hard drives still are in the hands of unauthorized people,” said Secretary Griswold. “That is why I am moving forward with this legal action. I will continue to uphold Colorado election law and protect our election system. As Secretary of State, I will always protect the right of every eligible Republican, Democrat, and Unaffiliated voter to cast a ballot in accessible and secure elections.”

The lawsuit requires Clerk Schroeder to comply with Orders 22-02 and 22-04, which includes the production of records and answers to questions regarding the unauthorized copying and distribution of images of the county’s voting system hard drives. The Order also requires Clerk Schroeder retake possession of all the copies and provide the devices used in the copying for inspection.

In the answers thus far provided by Clerk Schroeder to the Secretary of State’s Office in response to Order 22-02, the Clerk stated that he removed hard drives from the election server, ICC computers, and the adjudication computer and made copies. Two individuals who are not employed by the Elbert County Clerk’s office – Shawn Smith and Mark Cook – provided instructions by phone to Clerk Schroeder on how to make the images as he did. Two attorneys, one of whom has only been identified as “private attorney” and both of whom are not authorized under Colorado’s Election Rules to have access to voting system equipment components or to the scans of voted ballots likely on those images, allegedly have been holding the copies.

Clerk Schroeder has repeatedly refused to disclose where the copies of the voting system hard drives have been kept and has refused to fully comply with the Election Orders.

This legal action is necessary to ensure compliance with state law, election security rules, and the continued security of the county’s voting system. As noted in the lawsuit, Clerk Schroeder’s failure to fully comply with the pending Election Orders has created a risk that the copies of Elbert County’s voting system hard drives may be exploited to undermine confidence in Colorado’s secure elections.