Elections Commission
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Elections Commission
Approved: November 19, 2008
Minutes of the Meeting held
City Hall, Room 408
October 15, 2008
1. President Gleason called the meeting to order at 6:04 pm.
2. COMMISSION MEMBERS PRESENT: Commissioners, Gerard Gleason, Richard P. Matthews, Winnie Yu, Rosabella Safont, Malcolm Yeung, Joseph B. Phair, Deputy City Attorney Mollie Lee and Director John Arntz.
EXCUSED: Commissioner Arnold Townsend.
3. Presentation of Resolution thanking the Ballot Simplification Committee and the Deputy City Attorney for their work on the November 4, 2008 General election. Commissioner Matthews described the work that the BSC does for each election along with its legal counsel, and committee clerk. He explained that the Commission has been remiss in not officially acknowledging the Committee’s work over the years and especially for this year which had five elections. Below is the Resolution read by the Commissioner:
Resolution
Commending the Members of the Ballot Simplification Committee and its Legal Counsel who served for the November 4, 2008 Consolidated General Election
WHEREAS, elections in San Francisco include a large number of ballot measures, the exact legal text of which can be complex and confusing; and
WHEREAS, the Voter Information Pamphlet must contain summaries of these numerous ballot measures that are clear, understandable, fair, and accurate; and
WHEREAS, the Ballot Simplification Committee and its legal counsel have a very limited amount of time in which to complete their work, bounded by the deadlines for qualifying measures for the ballot and the printing requirements of the Voter Information Pamphlet and ballot cards, and thus work almost daily, and sometimes in full-day sessions, for more than two consecutive weeks; and
WHEREAS, the Deputy City Attorney prepares a draft of 300 words or less when possible, which is then reviewed by members of the Ballot Simplification Committee, whose members have expertise in the use of the English language, and who hold public hearings which citizens and campaign supporters routinely attend in an effort to edit the language, often to their own advantage;
WHEREAS, the Ballot Simplification Committee and its legal counsel consistently provide excellent, reliable, fair summaries of these ballot measures;
NOW THEREFORE, the Elections Commission of the City and County of San Francisco recognizes, by this resolution, the outstanding contribution to the citizens of San Francisco made by the members of the Ballot Simplification Committee for the San Francisco General Election of 2008;
The Elections Commission presents this commendation to Ballot Simplification Committeepersons Betty Packard, Dana Chisnell, June M. Fraps, Ann Jorgenson, and Adele Fasick; Department of Elections’ Publications Division Manager Barbara Carr; and Deputy City Attorney Mollie Lee, with our thanks for their excellent work for the voters of San Francisco under strenuous and difficult circumstances.
Done this 15th day of October 2008
______________________________
Gerard Gleason
President, San Francisco Elections Commission
I so attest:
____________________________
Shirley Rodriques
Secretary, San Francisco Elections Commission
Betty Packard, BSC Chairperson, told the Commission that it was a privilege to work with the excellent group of women who have made up the BSC over the past few years. She explained that the Committee has donated two months to the City and County of San Francisco over the last year with no compensation. It has been a big commitment by each member. In addition, Ms. Packard said that the outstanding assistance of Barbara Carr and John Arntz can’t be measured, and that there have been approximately six different Directors or Acting Directors of Elections, with whom she has worked, and that Mr. Arntz is “numero uno”.
President Gleason presented each member of the Ballot Simplification Committee a boxed writing pen on behalf of the Elections Commission.
4. DIRECTOR’S REPORT
Preparations for November 4, 2008 General Election. Director Arntz reported that the voting equipment was certified yesterday and the City can now use it for the November 4 election. VIPs (Voter Information Pamphlets) are in the mail, and the Chinese and Spanish VIPs will be sent out shortly. There is a large print VIP on line in English, Spanish and Chinese.
The number of voter registrations continues to increase and currently total approximately 450,000. One Hundred and Seventy Thousand vote-by-mail ballots have been mailed and 7,000 were sent to overseas voters – a record to date. The early voting counter at City Hall has seen 1500 voters to date. Half of all Pollworkers have already completed their training.
Commissioner Matthews asked if the pollworker training is emphasizing discouraging voters from using the DRE equipment unless voters request to use it. Director Arntz replied that every voter will be handed a paper ballot unless s/he requests to use the touch screen. He said this has been made clear in the pollworker training.
Commissioner Matthews reported that he attended training over the weekend and that pollworkers who have worked at previous San Francisco elections appear to be still under the impression that there must be at least five voters at each precinct using the DRE. He said that the reason for this misunderstanding may be that the only mention of the DRE was about setting it up. Another thing Commissioner Matthews noticed at the training session was the absence of information about the additional pages (other than the white pages) of the voter rosters that may contain a voter’s name when their name is absent from the white pages.
Commissioner Matthews called the Commission’s attention to page 3, item III of the Secretary of State’s (SoS) approval, wherein there is a note that the certification is for one time only, and he asked the Director if the certification would likely be approved after the November election, for the duration of the contract. Director Arntz replied that the equipment must still go through the Election Assistance Commission process which has yet to be completed. Full certification will probably be considered by the SoS in January.
President Gleason listed procedures which are expected in the Election Plan and asked the Director to confirm that they were unchanged. These include Ballot handling, Ballot path, making of the remakes, and the three scenarios that determine remakes. The list is:
Vote-by-Mail Ballots:
All vote-by-mail voters receive a paper optical scan ballot.
Precinct Ballots:
All precinct voters will be handed a paper optical scan ballot, with a verbal reminder that accessible voting via the Edge (touchscreen/DRE) is available.
Precinct Ballots / Optical Scan
At the close of polls, vote totals for all precinct optical scan ballots placed in the Insight machine will have a tabulation total printout (tape). This tabulation will be for all contests and measures, with the exception being the tabulation of Ranked Choice Voting (RCV) contests, which will only report the tabulation of First Choice. Images of First Second & Third choices on RCV ballots will be captured by the Insight memory unit. Insight memory units will be secured and delivered to the Department of Elections.
Optical Scan Tabulation Report at Precincts:
A copy of the Insight tabulation printout will be posted outside of precincts and the end of the Election Day.
Optical Scan Tabulation Reports:
The Department of Elections will use data from the Insight memory units for unofficial and official vote totals.
Precinct Ballots / Accessible Voting (DRE):
Votes recorded on the accessible voting Edge (touchscreen/DRE) system will be captured on the paper printout for the unit (VVPAT). The VVPAT as well as the memory unit for the Edge system from each precinct will be secured and delivered to the Department of Elections.
DRE Tabulation Report at Precincts:
No printed or transcribed total for votes on the Edge system will be posted outside of precincts at the end of Election Day.
DRE Tabulation Reports:
The Secretary of State has mandated that final, official vote totals from the Edge units must originate from paper optical scan ballots which are remade from data captured on the
VVPAT. 100% of votes recorded on precinct and early voting Edge units will be remade onto paper optical scan ballots by the Department of Elections.
Ballot Remakes Required:
All damaged ballots which cannot be inserted or read by optical scan units at the Department of Elections will be remade. 100% of votes recorded by Edge units will be remade onto optical scan ballots.
All provisional ballots cast by voters who are out of their assigned precinct and issued a ballot style other that the exact same issued by their assigned precinct, will be remade, including only contest the voter is entitled to vote on as determined by their voter registration.
Director Arntz reviewed the above list and agreed that the information was correct with the following exception: Not all vote-by-mail voters receive a paper optical scan ballot because the overseas ballots are transferred once they are received at the Department of Elections.
Public Comment. Brent Turner said that the Director was working under unusual circumstances with the equipment the City has bought, and which Mr. Turner had urged not be purchased. He said that the SoS’s report had two pages that reference source codes and he considers the report “scathing” and confirms that the system is not appropriate and has inherent insecurities. Roger Donaldson said he would like to see more investigation regarding the installation of software to ensure that there has been no tampering, and he reminded the Commission that there is no observable screen on the equipment and asked how that will be handled.
5. COMMISSIONER REPORTS. President Gleason reported that there will be observers from Mexico in San Francisco for the November election. There will be a get together the Sunday morning before election day and Commissioners will receive an email notice from President Gleason with more information. President Gleason reminded the Commission that he and Commissioner Matthews accepted an invitation to observe the election in Baja Norte last year.
President Gleason complimented the Pollworker Division on the clerk training he observed. He said it was very good and very thorough.
6. NEW BUSINESS
a. Discussion and possible action to approve the Minutes of the October 1, 2008 Commission Meeting. Commissioner Matthews MOVED and Commissioner Phair SECONDED approval of the minutes.
The Roll Call Vote was UNANIMOUS to approve the minutes with the minor corrections offered by Commissioner Phair and Ms. Chandra Friese.
7. OLD BUSINESS
a. Discussion and possible action regarding preparations for the November 4, 2008 General Election. Commissioner Matthews MOVED that the Director provide to each Commissioner, prior to election day: A precinct map of San Francisco , list of polling places and addresses, an observer guide, and observer schedule of events. Commissioner Safont SECONDED the MOTION. The Roll Call Vote was UNANIMOUS.
Commissioner Matthews MOVED that the Department provide to the Elections Commission, as soon after the election as they are available: The IRIS (complaint) Log, the DRE (Direct Recording Equipment) usage results including the XL data set and the report provided by precinct, copies of all correspondence by voters or campaigns regarding their experiences, the Provisional Voting results including total number and reasons for voting provisionally, the number of votes accepted and rejected and the reasons, vote-by-mail numbers including numbers mailed to voters and returned (including those excepted and rejected with reasons), a memo from the Director of any deviations or modifications from or to the Election Plan – sent by Friday, November 14 so that the Commission may review before its November 19, 2008 meeting – and if no changes, a memo stating that fact. Commissioner Safont SECONDED the MOTION.
The Roll Call Vote was UNANIMOUS to receive these items.
b. Discussion and possible action regarding criteria for Commission post- election evaluation of election plans and conduct of election. [Phair]
Commissioner Phair called the members’ attention to the outline of the discussions from the Budget and Oversight of Public Elections Committee (BOPEC) he provided in this meeting’s packet. He explained that there may be some confusion about the list and the items discussed under the previous agenda item. Commissioner Matthews explained that in the past there have been requests for the data points mentioned earlier in today’s meeting, but there is still the question of how the Commission is to make its evaluation and what constitutes valid observation of the election.
Commissioner Phair said that the data needed for evaluation of an election may change from year to year, and that the information may be discussed at the Committee or/and Commission level. He said that “data points” need to be decided for the focus of this election. Commissioner Phair gave the example of the business-site polling places that the Commission chose to observe during the June 2008 election.
Commissioner Safont said she was excited to observe and participate in her first election and that the first step for the Commission is to get valid information and the next is to develop some metrics and assign some percentages of error for the after-election evaluation.
Commissioner Yu said that there are two ways of viewing how to evaluate the election: quantitative/statistics and the qualitative/experiential factures. She said that a way to mesh the two sides would lead to a good evaluation plan.
Commissioner Yeung acknowledged that this will be his first election as a Commissioner and that he is assuming that the Commission is seeking practical standards rather than legal standards for its evaluation. He said that the measuring of data over time is a good practical way to evaluate and asked if the Commission has, in the past, looked at any academic studies of elections that might help in creating a metrics.
Commissioner Phair said that his approach is that the Commission agree on some specific data points that it will gather, and after the election, look at that information.
Members agreed that the Commission look at the number of re-made ballots, by category and cause, for the November 4, 2008 general election.
Commissioner Rosabella Safont asked what was the percentage of equipment problems for the 560 precincts in the past. Director Arntz responded that the number varies, but that he expects that due to the expected high turnout there may be more issues or at least more “perceived” issues.
Commissioner Phair presented the motion: To facilitate the Commission’s evaluation of the November 4, 2008 election, the Commission requests, in addition to the items previously requested at this meeting, that the Director provide information to the Commission in his Post Election Review of the following: Limitations of the Department of Elections’ facilities, including precincts, pre-election staging areas (for equipment, ballots or other materials), training facilities, ballot processing facilities and any voting equipment problems, failures or difficulties associated with the equipment used in the election.
Commissioner Matthews SECONDED the motion.
Commissioner Yeung asked if the voter turnout numbers by San Francisco neighborhood could be included in the Commission’s post election discussions.
The Roll Call Vote was UNANIMOUS to approve the MOTION.
c. Discussion of Commissioner assignments and observations for the November 4, 2008 General Election.
Commissioner Matthews requested that he be able to continue his observations of the DRE (direct recording equipment) voting machines, including preparations for use, election day usage, and all of the data resulting from DRE’s after the election. He said he would need access to Pier 48 for a brief period of time. Commissioner Safont stated that she will be taking the Pollworker Training class on November 1st and plans to work as an Inspector for the November 4 General Election.
President Gleason said that he will be working as a pollworker for the election, but he has a concern regarding the transfer of ballots at the precincts throughout the day due to the limitations of the amounts of ballots the equipment can store. He asked if other Commissioners could observe the transfers and report on public response to them.
Director Arntz said that there will be regular transfers by two-thirds of the precincts from the machines to the red ballot boxes at approximately 10 am and 2 pm. If the FED (field election deputy) or Inspector feels that additional transfers need to be made, they will call Election Central and get approval to make the transfer.
Commissioner Phair suggested that the Commissioners have a general authorization to visit and observe the functioning of the election using the precinct maps and addresses.
Commissioner Matthews asked that ombudsmen Commissioners include the DRE in their observations of the precincts to assist him in his report.
Commissioner Phair added that the direction should be that all Commissioners are authorized to visit voting precincts for general observations of the voting process and report back to the Commission and to assist Commissioner Matthews, as their time permits, in his conduct of examining the DRE process.
Commissioner Gleason said he would make a report of his observations regarding the provisional ballots and will go over the initial data regarding the vote-by-mail ballots that the Department provides after the election. He added that he may need to ask for assistance from other Commissioners to complete this evaluation.
The action to approve the assignments discussed will be taken up at the next meeting of the Commission as this discussion was not posted as an action item on this meeting’s agenda.
ADJOURNED at 8:04 pm.