Statement from Colorado Secretary of State Jena Griswold Regarding the Investigation of a Potential Security Protocol Breach in Elbert County

Denver, January 24, 2022 - Today, Colorado Secretary of State Jena Griswold released the following statement regarding the investigation of a potential breach of security protocols for voting system equipment in Elbert County, and the Election Order and subpoenas issued to Elbert Court Clerk and Recorder Dallas Schroeder requiring the disclosure of relevant information.

“My office became aware of a potential breach of election security protocols in Elbert County. The Elbert Court Clerk has failed to respond to both an email request and an Election Order requiring disclosure of information about this potential breach. That is why I am now taking further action,” said Secretary of State Jena Griswold. “As Secretary of State, my top priority is to ensure that every eligible Coloradan – Republican, Democrat, and Independent, alike – has access to secure elections and I will always protect Colorado’s election infrastructure.”

The Secretary of State’s Office became aware of the potential security protocol breach through an affidavit signed by Elbert County Clerk and Recorder Schroeder as part of the lawsuit that he and five other plaintiffs have brought against the Department based on multiple unfounded election conspiracy theories. That affidavit admitted that the Elbert County Clerk had made an image of the voting system hard drive sometime before August 27, 2021, but it did not disclose how the copy was made or what security measures were taken at the time.

In response to the potential breach in security protocols, the Secretary of State’s Office reached out to Elbert County Clerk Schroeder by email, asking him to provide information on how the copy of the voting system hard drive was made, seeking this information to verify there was no risk to the security of the system. As no response to the initial request was given, the Secretary of State sent an Order to Clerk Schroeder last week requiring the disclosure of information regarding the unauthorized copying of the voting system hard drive, requiring that video surveillance of voting equipment be activated, and that no one access the voting equipment unaccompanied. The Elbert Clerk has not complied with that Order, having failed to provide a response of any kind within the time allotted.

Today, Secretary Griswold issued an additional Order directing the Elbert Clerk to appear for a deposition at which he and his office must provide testimony concerning how the copy of the voting system hard drive was created. This is necessary in determining whether there has been any risk to the continuous security of the voting equipment and any breach in election security protocol. Accompanying this second Order are subpoenas issued by the Secretary of State’s Office, one to the Elbert Clerk personally and the other to his office, for their appearance at the deposition.

This breach in security protocol occurred prior to the 2021 trusted build of Elbert County’s 2021 voting equipment, which updates systems against vulnerabilities. Therefore, the Secretary of State’s Office does not believe at this time that the unauthorized imaging has created an imminent or direct security risk to Colorado’s elections.