The president of the election service hired by the tribe to help conduct the June 25 general election denied changing the outcome of the principal chief’s race by annotating a tally sheet.
Terry Rainey, president of Automated Election Services, testified he did not know who was winning the election in the early hours of June 26 despite being part of the counting process. During questioning by Tim Baker, Principal Chief-elect Bill John Baker’s brother and attorney, Rainey also stated no one from either Bill John Baker’s campaign or Principal Chief Chad Smith’s campaign contacted him about election results between Sunday and Monday mornings.
Rainey has taken the witness stand several times in Smith’s repeal of the principal chief’s race, which Bill John Baker was certified the winner of after a June 30 recount.
Other witnesses have testified that Rainey entered the vault at the Election Services Office on two occasions on June 27 and retrieved two envelopes.
Rainey testified the Election Commission members are his bosses during the election process and he follows their orders. Yet he also testified he initially attempted to enter the vault without EC permission and that he began canvassing or re-examining the election results on June 27 without EC instruction, though the EC eventually assisted him.
Rainey said it was standard procedure for him to enter the vault where all election materials such as ballots and tally sheets are kept without EC orders.
Rainey testified that one of the envelopes he removed from the vault contained a tally sheet for the principal chief’s race. Upon studying the sheet he testified he noticed a mistake. He said one of the numbers that should have been 57 was written down as 37 and that he “annotated” it on the tally sheet. That change added 20 votes to the principal chief’s race.
Certified results on June 27 showed Principal Chief Chad Smith won the election with 7,609 votes to Bill John Baker’s 7,602 votes. The unofficial results on June 26 showed Bill John Baker had won with 7,600 votes to Smith’s 7,589. The change in results and numbers, Tim Baker stated, are a direct result of Rainey canvassing the unofficial results and adding 20 votes.
Tim Baker then asked Rainey if he ever instructed EC Chairman Roger Johnson, who has since resigned from the commission, to not give anyone the tally sheet he had changed. Rainey denied giving Johnson that order, but Tim Baker stated Johnson testified in an affidavit that Rainey had given him that order.
During testimony, Rainey also revealed AES is being paid no more than $150,000 for the management of the general election and could receive up to $150,000 for the July 23 runoff.
Rainey added that AES would not be paid extra if the court rules in favor of Smith