Elections Commission
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City and County of San Francisco
Elections Commission
Approved: March 16, 2005
Minutes of the Meeting held
February 16, 2005
1. CALL TO ORDER. Commissioner Michael Mendelson, senior member of the Commission, called the meeting to order at 7:03 pm.
2. ROLL CALL. PRESENT: Commissioners, Gerard Gleason, Sheila Chung, Richard Matthews, and Michael Mendelson. President Arnold Townsend joined at 7:05 pm. Vice President Safire joined at 7:18 pm.
Public Comment - Christina Wong, of Chinese for Affirmative Action (CAA), said that the CAA, the Asian Law Caucus and the Lawyers' Committee for Civil Rights observed the polling sites during the November election. Ms. Wong called the Commission's attention to two letters she sent regarding the results of their findings and asked the Commission to encourage the Department to adopt as many of the groups' recommendations as possible. Steven Hill, of the Center for Democracy, said that his group found that the election had been "very successful". He reported that he examined the exit poll from San Francisco State University in which it was reported that 87% of voters polled said that they understood Ranked Choice Voting (RCV).
4. PRESIDENT'S REPORT
President Townsend reported that he attended the January meeting of the Youth Commission to present the resolution passed by the Elections Commission that recognized the work of the Youth Commission and high school students who worked on the November 2004 election.
The President presented a list of the topics he intends to cover in the 2005 Elections Commission Annual Report and asked the Commission members to review the highlights he had listed and to contact him or the Commission Secretary with any additions.
The President asked the Commission and members of the public to let him know any names of persons who might be interested in convening a meeting to attempt to organize a Friends of Voter Outreach. He reminded the Commission that this idea was first brought forward during meetings, last year, of the Voter Outreach and Participation Committee. The "Friends" committee would be non-profit and non-partisan. Its mission would be to recruit and to raise funds to register voters and to train voters to do all the things that would lead to a greater voter turnout. He said that asking people to participate would be the last involvement of the Elections Commission.
The President said that he had left a message for Eric Mar, President of the Board of Education, to encourage him to speed up the appointing process for a replacement on the Elections Commission for former Commissioner John Trasvina who resigned last fall.
Commissioner Chung said she approved of the idea for a non-profit group for voter outreach, but reminded the Commission that there are community groups already doing this work. She said that it was beneficial during the last election to have the DoE contract out to community organizations much of the work for outreach. And speaking to the President's comment about the Board of Education's appointment to the Elections Commission, she said that she hoped the appointment would be a person of color and possibly a female, given the current makeup of the Commission.
5. DIRECTOR'S REPORT
Language Access in the Nov. '04 Election- Mr. Arntz reported that due to the Department of Justice's (DOJ) visits to the Department over the years and the implementation of RCV, concerted efforts were taken to make sure materials were available in at least two languages other than English - those languages being Spanish and Chinese. Sometimes materials are also available in other languages as well. The DoE sent out 32,000 letters asking if the voter was born in a country in which Chinese or Spanish was the dominant language. Approximately 5,000 to 6,000 voters responded. After checking the recent census data, if the numbers showed a 3% or more population of foreign language speakers in a precinct, the Department tried to have bi-lingual poll workers in the precinct. Mr. Arntz said that the DoE is not funded, separately, for outreach and he assigns resources for that purpose. Funding community organizations for outreach during the last election was possible because of RCV, however, the DoE will try to continue giving grants for this year. The Director said that he needed the Commission and the public to help inform the Mayor and the Board of the need for monies in the DoE's budget for this outreach.
The DoE will be sending out a questionnaire to voters asking their opinions of RCV. Poll workers will be trained regarding language accessibility. Additionally, the School District will be contacted in an effort to learn more about the homes from which students come where a language other than English may be spoken. The census data is being transferred to an overlay map of the City that will be placed over the DoE's precinct map to determine if some areas of high numbers of foreign speaking voters have been missed.
Commissioner Chung said that the information sent to the 32,000 voters should be sent in their appropriate language rather than relying upon the voters to request for the information in their language. The Director said that he would look into do this and attempt to budget for doing this.
Commissioner Chung and Commissioner Gleason asked that the DoE, in its training of Inspectors, reiterate the importance of having bi-lingual poll workers, and that voters do not have to speak English in order to vote.
President Townsend stated that having an Outreach Division in the Department, even during tight budgetary times, is essential.
Exhausted Ballots Reporting - With RCV, the under-voted and over-voted ballots were compiled and reported with the exhausted ballots. A RCV ballot is determined to be exhausted when there are no more active/viable candidates remaining on the ballot. The desire is for RCV reporting to separate the over, under-voted and exhausted ballots. This may not happen this year. The vendor is looking to see if separate reporting can be accomplished. The vendor's concern is that if a change can be made, the system will need to be reviewed and re-certified.
Employees' Hours for FPPCs Reports - There are 8000 committees that send reports to San Francisco's Department of Elections. In an odd-year, two reports from each committee are filed. In an even-year, six reports from each committee are filed. These reports can number from one to multiple pages each. Each report is copied.
The Director estimated that in an odd-year, with three reporting deadlines, it will take three to four staff persons to work an eight-hour day for 16 days each to copy and file these reports.
In an even-year there are six reporting deadlines, and this would require five staff persons 16 days to complete the filings.
The manager of Campaign Services Division, Rachel Gosiengfiao, has reported to the Director that ten or less people come into the DoE to request information from these files annually. Visitors to the DoE are more interested in the local forms rather than these state forms. An FPPC representative who was visiting the Department this week informed the Director that there is legislation for changing FPPC filings, and there is a possibility to remove San Francisco and Los Angeles as depositories.
There is a suggestion that only committees who earn or spend less $50,000 be required to file with the DoE. The reports of committees spending over $50,000 are currently available on line. Another suggestion is to only make a copy of an FPPC file when someone requests to see that particular file, instead of making copies of all the reports and storing the copies as well as the originals at the DoE.
Commissioner Gleason reminded the Commission that many of these reports are faxed into the DoE, therefore causing more expense for the purchase of paper.
Director Arntz said that the Technology Division is working on a database, which is almost completed, that will scan the reports, thus making them available on line.
Commissioner Mendelson suggested that the Department might consider not doing the filing until the state pays the Department to do so, to see what the state's response would be.
President Townsend referred this matter to the Budget and Policy Committee, and suggested that the Commission might send a letter to the state requesting funding until such time as the state no longer requires San Francisco to be a depository for the FPPC finings.
Commissioner Mendelson requested that Deputy City Attorney Moll provide the statutory requirements to perform this duty to the Commission. He said the letter could say that the Commission understands that it is bound statutorily, but until the City gets paid, the DoE will not do the filing, because to do so dips heavily into our resources during these times of budget constraints on City services.
Voter Services Division - The division is remaining current in entering voter registration cards into DoE’s database. File maintenance is being performed thru the Department of Public Health, Department of Motor Vehicles and Secretary of State (Cal-voter). The division will start purging the voter file by using the Alternate Residency Confirmation (ARC) postcards. These postcards will be sent to voters who have not voted in any election within the preceding four years, and their residence address, name or party affiliation have not been updated during that time. Also 8-D2 postcards will be sent to voters whose previous voter notification materials has been returned by the Post Office.
Campaign Services - The division is doing the FPPC filings and has approximately 24 postal trays of filings to do.
Poll Locating/ADA - The division, working with the Poll Worker Division has been putting together emergency procedures for polling sites. Because staff is on reduced hours, due to the budget, this is taking longer than expected to accomplish. Staff is attempting to increase ADA accessible polling sites by contacting churches to see if they would allow their locations to be used as voting sites. Oftentimes, these churches are more accessible than residential garages.
Budget/Personnel - Staff have been busy doing the budget for the past three weeks. The budget is being discussed later in this meeting.
Poll Worker Division - The division is formulating the emergency procedures for polling places and is examining poll worker training to determine ways of increasing the number and quality of bi-lingual poll workers. The division has met with the Youth Commission, the Student advisory Council, and the Department of Children, Youth and Families to find new sources for poll workers. This division will also be sending out questionnaires to community groups regarding how the Department has been serving the community regarding language accessibility.
Technology Division - The staff is making data bases for the FPPC filings, poll worker recruitment and for outreach. Tomorrow there will be a meeting of the Voting Systems and Procedures Panel in Sacramento to decide whether to certify our current system and the Voting Modernization Board will also meet tomorrow. Of particular concern for the DoE is the issue of Proposition 41 funding. This measure was passed by voters over two years ago and authorized the state to sell $200M in bonds for the upgrade of voting technology throughout the state. San Francisco submitted a two phase application: the first to reimburse the Department for the purchase of the optical scanning system; the second to move away from the eagle machines currently being used. The deadline to contract with a vendor to purchase new equipment is July 1, 2005. Many counties cannot meet that deadline because the certification requirements for systems is still uncertain. Counties don't know what kind of system to purchase and the need for a verified paper trail is still an issue. There is no touch screen system currently that can provide a paper trail for Chinese characters.
Public Comment - David Pilpel said that he felt there would be significant public concern if the public paper FPPC files were not maintained in San Francisco. He said the ability to do "anonymous" research, without DoE staff knowing of whom a researcher was seeking information, would be jeopardized.
6. SECRETARY'S REPORT
Commission Secretary Shirley Rodriques reported that all Annual Reports are on the Commission's website in chronological order as are agendas and minutes. These are also maintained at the front Counter of the DoE. Ms. Rodriques reported that the Commission Bylaws, amendments and a table of all motions and resolutions passed are likewise posted. The secretary said she has decided to include milestones such as appointment and resignation of Commissioners to the motions table as an ideal way to research and keep track of these activities. Additionally, the secretary explained the numbering system for the motions and resolutions. Ms. Rodriques advised that the City Attorney's opinions are made available to Commissioners upon request and that the 2005 Commission's Operation Calendar will be posted to the website after it is approved.
7. NEW BUSINESS
(a) Discussion and possible action to approve the minutes for the Commission meeting of January 19, 2005.
Richard Matthews MOVED to approve and Eric Safire SECONDED the minutes.
Public Comment - David Pilpel asked that a correction be made at the top of page four to read that he reminded the Commission to report its support to the city's state legislation committee. (Commissioners had no objection to this correction).
The MOTION CARRIED.
(b) Discussion and possible recommendations regarding the Department of Elections’ draft Budget for fiscal year 2005.
Director Arntz reviewed some of the expenditures in the budget and pointed out items he had previously reported to the Commission. He said that he could pursue the suggestions from the Commission and suggested that Commissioners speak to the Board in support of the Department. He reminded the Commission that the budget process is not in his control.
Commissioner Chung asked the Director to let the Commission know the progress of the budget as it goes through the various Board Committees and let the Commission know when it can provide him support. Director Arntz said that he would provide a Board Committee schedule as soon as it's available.
Public Comment - David Pilpel said that it was his understanding that since the Commission oversees the DoE, it is required to review, approve and recommend the budget to the Mayor's office. He said he assumed that the Director would go through the items listed on the budget, and that he had comments on various narratives, personnel details, revenues, equipment, materials, supplies, objects and sub-objects listed.
President Townsend suggested that Mr. Pilpel put any questions he had in a letter to the Director or to the Commission President and he would be given a response.
Commissioner Matthews added that the public may refer to Section 13.103.5 of the San Francisco Charter for an outline of the duties of the Election Commission.
President Townsend stated that the Elections Commission is not like some Commissions. This Commission does not oversee the Department's staff, it sets policy.
(c) Discussion and possible action to approve an Election Plan Template. San Francisco Charter section 13.103.5 requires that the Elections Commission approve an Election Plan in advance of each election. The template would be used by the Department of Elections to prepare the Election Plan for all future elections.
Commissioner Mendelson requested that this item be referred back to the Budget and Policy Committee because it has been brought to his attention that there is a Commissioner who wants to submit further suggestions to the template. This item was REFERRED back to the Budget and Policy Committee for further input.
(d) Discussion and possible action to reactivate the Voter Outreach and Participation Committee.
President Townsend gave a brief history of the Committee which has been inactive since September, 2004, and the resignation from the Commission by its chair, Commissioner John Trasvina. The President said that Commissioners Safire could be the chair, Commissioner Chung, vice chair and the President would fill the third seat until a new commissioner is appointed. President Townsend MOVED to re-establish the Voter Outreach and Participation Committee and Commissioner Chung SECONDED.
Public Comment - Steven Hill said that revitalizing the Voter Outreach and Participation Committee would be a good idea if there was an agenda from which to work. He asked if it were possible for members of the public to sit in on the committee.
Commissioner Mendelson said that he was against activation based on the committee's past performance which, he said, just raised "political hackles". He suggested that the proper way to handle outreach would be through the Department as an ongoing operation, and that a Commission committee is not required.
Commissioner Chung said that she disagreed with Commissioner Mendelson because having an outreach committee is critical to provide more public comment and free form discussion. She said that as far as the political issues that were raised, she felt that may have been because the Commission was not sure of its jurisdiction. She suggested a retreat would clarify Commission jurisdiction issues for the Commissioners.
President Townsend said that it is his belief that the Commission has a responsibility regarding voter outreach and that the concerns on this subject grew out of the input by citizens in past meetings in the RCV process. He said that a committee to set policy for voter outreach is important.
Commissioner Gleason said that he was concerned that the Commission has not defined what it is calling "outreach" and what should be the functions of the DoE and the Commission regarding outreach to the public. The Commissioner said that he is concerned about creating extra layers for "NGOs" (Non-Governmental Organizations) that handle this type of materials. He said that this is a subject that should be considered in a retreat environment.
President Townsend stated that he was very clear about the definition of outreach and shared it this way: "Outreach needs to increase voter turnout and we need to do the work that it takes to do this. What work does it take to do this? This is what the agenda that Commissioner Mendelson, Mr. Hill and others have talked about. Within that committee we need to work with the department to create the agenda that will help increase voter turnout. The other thing that I also believe is that those who are already voting - we have to reach out to them and do the things that will make them comfortable when they come to vote, such as people who have ADA issues, such as people who have language issues." The percentage of people who vote is too low and he said that the Commission should be working in a formal way to do something about this.
Commissioner Mendelson said that he takes issue with the statement that it is the Commission's job to increase the number of people who vote. People should be able to choose to vote or choose not to vote. He said that the Commission should facilitate the voting process in a manner that insures a secure, effective and efficient modus operandi.
President Townsend replied that people can choose not to vote, but what he thinks is happening is that people are not getting the proper information that would allow, get and encourage them to vote. He said that the Commission should figure out how best to disseminate information, some of the ways current information is archaic. New ways need to be developed and this is something the committee can do. The President said that, in his opinion, to tell the public that it is not the Commission's job to increase voter turnout in San Francisco is a bad and wrong message.
Commissioner Matthews said that one of his concerns is whether the Commission is exceeding its mandate within the Charter or is the Commission working within that mandate. Also, what we are doing "within" the Charter, is it defined so that we determine our success, and are we on a plan. The Commissioner said that he feels that anything that raises political questions, and political choices, is not within the Commission's jurisdiction. He said that it appears that the outreach would involve giving resources, time and attention to some groups and not to other groups - and that inevitably, this will be a political choice. He said that he supports what the DoE is doing in outreach, but he's not certain that the Commission should get involved.
The QUESTION WAS CALLED. The vote was two in favor (Commissioners Townsend and Chung) and four against (Commissioners Mendelson, Safire, Matthews and Gleason). The MOTION FAILED.
(e) Discussion and possible action to approve the Election Commission Operations Calendar for 2005.
Commissioner Matthews MOVED to approve the Elections Calendar for 2005, and Commissioner Mendelson SECONDED. Commissioner Mendelson complimented the Commission Secretary on her report earlier in the meeting and the format of the Commission's Operation Calendar. The MOTION CARRIED UNANIMOUSLY.
(f) Discussion and possible adoption of a resolution authorizing the Director Elections to negotiate an amendment to the contract with Elections Systems & Software, Inc. for election services, that shall include an extension to the term of the contract from January 15, 2005 to January 1, 2007 and two options to further extend the term, each for an additional one-year period, and include any financial terms or other substantive terms and conditions that the Director of Elections determines are in the best interest of the City, and finding that competitive solicitation of a new voting system vendor at this time is impractical.
Commissioner Matthews MOVED to commit this item continued to the Budget and Policy Committee's next scheduled meeting for discussion. SECONDED by Commissioner Mendelson.
Public Comment. David Pilpel asked that the Commission have DoE staff prepared to answer questions about the resolution at the Budget and Policy Committee's meeting.
Commissioner Chung asked that the information regarding exhausted ballots be included in the negotiation with the vendor.
The MOTION CARRIED UNANIMOUSLY.
8. Discussion regarding items for future agendas.
Commissioner Mendelson said that he would like to get more information about the "Friends of Voter Outreach" and have it on the agenda. President Townsend said that the design is for the group to work independently from the Commission and if the Deputy City Attorney says that having it on the agenda is appropriate, then it can be so.
Commissioner Matthews said that he would like for the Commission to have a retreat in March or April.
Commissioner Matthews said that a letter should be sent to the Board of Education that explains that appointments to the Elections Commission are to be independent of their appointing authority, that is, not be a close representative of the interests of the Board of Education, and the parents of school children as some members of that board have stated in the past.
President Townsend reminded the Commission that a letter covering this concern was sent to the Board of Education at the time of their last appointment, and asked Commissioner Matthews to let him know if there is going to be another meeting of the Board's subcommittee that will be discussing their appointment so that he may be present to testify. The President said that a new letter should be sent.
President Townsend asked that the Budget and Policy Committee add to its agenda the Voter Outreach Division of the Department and to more formally discuss the FPPCs with a goal of making a recommendation to the Board of Supervisors.
9. Public Comment. Steven Hill said that he was in favor of a Voter Outreach and Participation Committee, and that he hoped his comments were not the cause of the motion's defeat. David Pilpel provided a list of several codes which he said allow for him to make comments at this meeting.
ADJOURNMENT 8:45 pm