HOUSTON COUNTY, Ga. — The Houston County Board of Elections Investigation Committee said they believe Councilman Charlie Bibb "was present" at an open polling precinct on election night, according to investigation documents.
As a candidate, Bibb cannot be inside a polling place during an election unless he's there to vote, according to Georgia election law. The polling place Bibb was accused of being at, Mossy Creek Middle School, was not his polling place.
Records obtained by 13WMAZ reveal the evidence behind the Houston County Board of Elections investigation into a city councilman who faces allegations of breaking election laws.
When the board announced at a public meeting on Dec. 5 and announced they were sending their investigation to the state, they did not clarify if they believed the allegations against Councilman Charlie Bibb were true.
Several folks accuse Bibb of breaking an election law by sitting inside an open precinct on election day. Some claimed he was wearing his own campaign shirt, too.
Today, the records reveal the investigation committee does believe Bibb "was present" inside the Mossy Creek Middle School and Houston Health Care Pavilion precincts at different times on election day "before polls closed."
The conclusion continues, "Such is supported by video evidence and poll manager/worker statements."
The investigation committee did not, however, believe wore his campaign shirt into the polling location.
Files shared with 13WMAZ by the Houston County Attorney's Office and Warner Robins City Attorney hold:
- CCTV Video from MCMS – 6:45 p.m. to 7:45 p.m. - Two Cameras
- Photos of MCMS taken by Member Sherman Falana
- Timeline of Video from Committee Meeting
- Voice Mail from HHCP about unavailable surveillance video
- Statement from HHPC Property Manager
- 13WMAZ's Open Records Request Letter
Here's what we found:
CCTV Video from MCMS – 6:45 p.m. to 7:45 p.m. - Two Cameras
Video from outside the middle school precinct shows two men walking a few feet apart from each other at 6:52 p.m.; the documents refer to them as "one voter" and "an individual resembling candidate Bibb."
It's not easy to tell from the surveillance video what exactly is on the white shirt on the man on the right of the screen; the investigation committee said "Bibb’s shirt has indiscernible content."
Within the same minute, according to timestamps, Bibb was inside the precinct carrying a shirt.
Now, he's wearing a plain white tee and holding another with unintelligible markings across its chest.
He walks into the middle school and looks around before walking to a side of the precinct off-camera and obstructed by a wall.
Around 6:57 p.m., the video from inside shows a person walking out of their car and briefly pausing in the parking lot before returning inside a car.
According to timestamps from the original allegations, Kristen Kiefer witnessed Bibb walk into the polling precinct and took photos from outside.
As a chairperson for the Houston County Democrats, Kiefer said she knew she was supposed to follow the same rules as Bibb because election laws don't allow solicitors, including candidates, to enter polling places. So she took the photos from afar.
At 7:20 p.m., a video from inside MCMS shows Bibb slowly approaching the election workers as they close down the polls.
At 7:22 p.m., he's waiting by the door. It appears a few folks, including election workers and Bibb, are engaged in conversation before he heads out.
At 7:23 p.m., it appears Bibb waved as he left the MCMS precinct and walked outside.
At 7:24 p.m., video from outside shows Kiefer approaching the entrance of the MCMS as Bibb exited the building.
She snapped a photo of him before checking the results of the election that were taped on the door.
Timeline of Video from Committee Meeting
According to the investigation committee's summary of the timeline of the actions on the video cameras:
"6:51:20 - Both Complainant & Individual Resembling Candidate Bibb (hereinafter “Bibb”) arrive at MCMS.
6:52:08 – One Voter & Bibb walking into building approximately 4-7 feet apart in from the parking lot of MCMS, no conversation noted or apparent on video. Bibb’s shirt has indiscernible content.
6:52:26 - Appearance of Bibb inside front door, second shirt in hand, no content on worn shirt, pauses briefly, then moves toward the back out of camera view. The footage from the Complainant showed no voters or individuals near Bibb. (See footnotes) There is no video that shows Bibb engaging a voter in conversation.
6:55:00 – Final provisional voters arrive
7:11:20 - Polls Closed | No Voters remain in the polling location.
7:20:33 – Bibb viewed in upper left of frame with outer shirt on (content remains indiscernible with any level of certainty). It appears as though Bibb was also using a cell phone while sitting on the far wall of the precinct (Footage of recording shared on the news, not this video).
7:23:34 – Bibb walks outside with PM from voting place.
7:24:04 - Complainant seen behind truck; Poll Worker walks out and locks door
7:24:10 – Bibb and Complainant pass one another; Bibb leaving Complainant heading to door
7:24:53 – Bibb leaves the polling location
7:25:01 – Complainant leaves front of polling location
7:26:04 – Complainant pulls out"
Photos of MCMS taken by Member Sherman Falana
According to the investigation committee, the next steps after the timeline was established were for Falana to interview the HHCP poll manager and Shelton would contact the MCMS poll manager.
"Member Falana visited MCMS and took some pictures of the polling location to compare to the acquired footage and to assist in the preparation of this report," the report said.
Voice Mail from HHCP about unavailable surveillance video
Files shared with 13WMAZ by the Houston County Attorney's Office and Warner Robins City Attorney also had a voicemail from the Houston Health Care Pavilion.
According to records, "Bennett was later tasked with attempting to procure additional footage from HHPC regarding events which took place earlier on election day and with preparation of this report back to the full Board. Bennett contacted both the switch board operator and communications department for the facility. Bennett was referred to Risk Management, which did not return a call (this was during the holiday week) until the following Monday, after Bennett appeared in person at the facility to inquire a third time."
The employee from HHCP left a message explaining the property's surveillance video automatically wipes itself after a week. As a result of the board's late request for the video, they weren't able to obtain that record.
According to the investigation, "a return call was placed to Bennett and the voicemail left that indicated the requested footage ceased to exist on approximately November 14, 2023, (the day of the certification/meeting) as the CCTV system utilized by the facility overwrites footage approximately every seven days."
Statement from HHPC Property Manager
Testimony from the two poll managers and a witness was signed on Nov. 22 after "Member Falana obtained the attached joint statement" regarding Bibb's actions on election day two weeks prior.
According to the statement, a woman "asked about some signs that were removed," before the witness was later informed "she was the wife of the candidate, Mr. Charlie Bibb."
It continues, "Later about mid-afternoon, I was approached insided the voting poll by a man wearing a red sweatshirt and a red baseball cap. He was upset because he thought that we moved his signs. I told him that we did not move any signs. After a few minutes of discussion, he left the poll.
"I was approached by the Complex security about the people being on hospital grounds campaigning," the testimony said, which is when the witness explained the 150-feet proximity law.
"They radioed the building manager and he informed them that they were not allowed to be on hospital grounds campaigning and that he moved the signs and placed them against the wall by the dumpster. I then went out to let Mr. Bibb know where, who and why his signs were moved. I relayed to him where the manager of the complex said that he should be. He stated to me that he was within his rights because he was more than 150 feet away from the building. I explained to him that we don't control the hospital rules and that was between him and the hospital. He then got in his truck, went and picked up the signs and placed the larger one back where it was removed from and they continued to sit and campaign.
"When I got back inside the precinct, I was informed by one of the poll workers... that Mr. Bibb had come in earlier and asked for the count. That was confirmed by two other poll workers."
It concludes with: "My summary statement is that, YES Mr. Bibb was inside the HHPC voting precinct on two occasions on November 7, 2023."
Conclusion
"As a committee," the investigation report said, "we do believe Mr. Bibb was present within MCMS and HHPC polling locations on election day, November 7, 2023, at varying times before polls closed."
It continues: "The alleged HHPC violation was one wherein Bibb was addressing removal of his signage which, should not have necessitated his presence in the polling location. [Election] workers confirmed his presence inside the polling location. There was no allegation of Mr. Bibb wearing any campaign material into HHPC as was reported in the news nor through the Poll Manager’s statement...
"As to allegations about Mr. Bibb at MCMS, the video very clearly shows that Mr. Bibb did not in fact wear his campaign shirt into the polling location, as previously indicated by Complainant, nor was it displayed at any time prior to the poll closing and being devoid of any active voter. This would not have been apparent to Complainant given the manner in which Bibb entered. It appears clear to this Committee that Bibb spoke to no voter or person, with the exception of perhaps--the video is not entirely clear--a police officer who was on site at MCMS. The video shared indicated that the Officer did not vote during the time Bibb was present."
"This Committee does not believe that any voter was 'persuaded' by Bibb’s appearance at MCMS, in that, it appears that he spoke to no voter. Our position is unanimous in that in the event a violation of law occurred, the same should be addressed by the appropriate state agency or county/city authorities. The appropriate authorities were and to the extent the SOS proceeds in addressing the filed Complaint will be provided a copy of our report as they are presumably beginning their own investigation. This Board has not been contacted in that regard. Thus, for now, our investigation has come to a close."
According to Houston County Attorney Tom Hall, "That was really the issue, the authority is gonna lie with the state election board, and that's why it's been turned over to them."
The investigation documents also stated in its conclusion, "This Committee notes that given the time stamps with the associated surveillance, that had Mr. Bibb simply waited in his car for approximately twenty minutes to check the count at MCMS, this entire situation could have been avoided and the impact imparted on members of our team, even though the allegations against them were wholly unsupported, could have been entirely avoided."
Since our initial coverage, 13WMAZ has reached out to Bibb multiple times over the past month, but he has not provided any comment.
Bibb referred questions to his lawyer, who we still have no contact information for.
When 13WMAZ last heard from Bibb, he denied over the phone that he was at Mossy Creek Middle School on Election Night.