A King County Sheriff’s Office investigation into surveillance of ballot drop boxes organized by conservative activists has wrapped up with no criminal charges.

But the case remains technically open should evidence of voter intimidation emerge, and the Sheriff’s Office says it forwarded a copy of its report to the FBI.

The sheriff’s investigation was requested by King County Elections Director Julie Wise before the state’s Aug. 2 primary, after her office received complaints about signs posted near Seattle-area drop boxes declaring those using the drop boxes “under surveillance” and warning of criminal consequences for people “harvesting” ballots.

A copy of the sheriff’s investigation report, released to The Seattle Times and Northwest News Network after a public records request, said the decision not to seek criminal charges followed an Aug. 17 meeting between the Sheriff’s Office, the King County Prosecutor’s Office and King County Elections.

Officials with those agencies agreed the controversial sign placement had stopped after King County Republican Party Chair Mathew Patrick Thomas disavowed the effort and the sheriff’s investigation was publicly announced.

“It was concluded that further investigation was not necessary at this time but the case could be re-opened if similar behavior is seen during the next election,” Detective Keith Gaffin wrote in his report.

Advertising

Gaffin added that a copy of his report had been shared with an FBI special agent in Seattle “to assist in determining if the FBI would be further pursuing this case.”

Steve Bernd, a spokesperson for the FBI’s Seattle office, said in an email the agency typically does not confirm or deny whether it is conducting an investigation. “Please keep in mind, a review of allegations does not necessarily result in the opening of an investigation,” he wrote.

Wise said while the sheriff’s investigation identified people who placed the signs, no voters reported feeling so intimidated that they didn’t vote.

“I believe the parties involved, as well as any others looking to interfere with voting in any form, have been put on notice — attempts to dissuade voters will be met with action,” Wise said in a statement through a spokesperson.

The signs placed around ballot drop box locations included a scannable code for people to submit “election incident” reports, including photos and video, to a website hosted by the King County Republican Party.

The Sheriff’s Office contacted several people who complained to King County Elections about the surveillance signs.

Advertising

Jessica Fuller, a Seattle resident who spotted one of the signs in Ballard and reported it to King County Elections, said she didn’t feel intimidated personally but worried about others.

“I think it’s disingenuous; it’s under the guise of protecting democracy, but it’s not,” Fuller said in an interview Wednesday. “It’s intimidating voters.”

Unlike some states, Washington allows voters to drop off multiple ballots for family members or other voters.

Observation of ballot drop boxes and voting centers is legal and often carried out by volunteers of both major political parties, who are typically trained by local elections officials. But efforts to intimidate voters from casting their ballots is illegal under state and federal law.

Amber Krabach, a former leader of the King County GOP’s “election integrity” committee, helped distribute the signs. Through an attorney, Krabach declined to provide a statement for the investigation, the sheriff’s report said.

Krabach declined to comment Wednesday, saying she had not read the sheriff’s report. Earlier, she defended the signs and surveillance, saying it shouldn’t have bothered anyone not attempting illegal activity.

Advertising

Krabach ran for the Legislature this year as an “Election Integrity Party” candidate, placing third in the primary. She has a history of spreading election misinformation and QAnon-related conspiracy theories on social media. (She was suspended from Twitter.)

The controversial surveillance in King County was linked to a statewide drop box watch effort by activists who claimed to be surveilling all ballot boxes across the state.

That effort has been motivated in part by “2000 Mules,” a film by conservative activist Dinesh D’Souza that asserts the 2020 election was stolen from Donald Trump by ballot traffickers in swing states.

The sheriff’s report included a screenshot of a social media thread of local activists discussing the ballot box surveillance and signs. One message declared: “Let’s put the FEAR OF GOD in some ballot-trafficking mules!”

While those claims have been rejected as false and misleading by election experts and fact checking groups, they have continued to be amplified by Trump and have gained traction among GOP activists.

Next week, D’Souza is scheduled to speak at a showing of the film in Yakima at a fundraising dinner for the Yakima County Republicans.

This article was co-reported with public radio’s Northwest News Network.