Elections Commission
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City and County of San Francisco
Elections Commission
Approved: June 16, 2004
Minutes of the Meeting held
June 2, 2004
- CALL TO ORDER. President Townsend called the meeting to order at 7:00 pm.
2. ROLL CALL. PRESENT: Commissioners Gleason, Winnicker, Mendelson, Safire, Trasviña, Townsend. EXCUSED: Commissioner Kenealey.
3. FLAG SALUTE. The flag salute was led by President Townsend.
4. DIRECTOR’S REPORT.
Ranked Choice Voting – The Director reported that he had spoken to the project director for the equipment the Department will be using for ranked choice voting (RCV). The Project Director, Joseph Taggart advised Director Arntz that the final report from the federal testing authority, was sent to the Secretary of State’s Office (SoS) today.
Commissioner Winnicker asked if the software and firmware had “passed” the test. Director Artntz stated that he did not know and is awaiting a response from the SoS. The SoS will need to examine the report, which may take several days, before it releases the finding.
The Elections Department is continuing its twice-weekly presentations on RCV in City Hall. On June 7th presentations will begin throughout the City – the first one will be at the Chinese-American Democratic Club. The deadline for the three grant proposals for parties interested in assisting the Department in its outreach to voters about RCV have been extended. The proposal for grant coordinator has been extended until next Friday and the proposal for Community Organizations was extended an additional week. The proposals for the ethnic media component have been received and will be reviewed by a panel, yet to be formed, soon.
The Director called the Commission and the audience’s attention to the three sample ballot-types available on the information table. He said they demonstrate three formatting techniques available using the Department’s current software.
The DoE will need to obtain services outside the City government to assist in its RCV website because the City’s Department of Telecommunications Information Services (DTIS) has chosen not to administer the contract for this service. This will require the Department to work with Elections Systems and Software (ES&S), the equipment vendor the Department is using for RCV, to formulate a contracting process for the website. The Director said he was hopeful that this could be accomplished by August, rather than July, because this need to seek outside website services was not anticipated.
Director Arntz told the Commission that he will have a full, more precise time line for the Department’s outreach plan for RCV by the next meeting.
Commissioner Trasviña asked the Director when he plans to have the outreach presentation in languages other than English. Mr. Arntz replied that the presentation in Chinese could be accomplished quickly but that Spanish would probably be ready in mid-July.
President Townsend asked if community groups could contact the DoE and request a presentation for their constituents. Mr. Arntz answered affirmatively and reminded the Commission that the DoE will be training the community groups that are successful in their bids for grant monies to do outreach and give presentations, using the DoE’s materials.
Commissioner Winnicker asked the Director if the deadlines for proposal submissions had been extended because there was a shortage of applicants. Director Arntz answered that some groups asked for more time for preparation of their proposals. In addition, groups that didn’t respond to the Departments request for proposals were being re-contacted and advised that the deadline had been extended. The Commissioner asked how many proposals had been received for the ethnic media grant. Mr. Arntz said there had been five or six.
Voter Services Division and Campaign Services – Both of these divisions are involved in the reviewing the signatures submitted in lieu of paying filing fees. Potential candidates for November’s election have already begun to submit petitions to help lower their campaign filing expenses. Thousands of signatures are being verified.
Poll Locating – This Division is continuing its assessment of polling sites for accessibility. Approximately 700 sites are being reviewed.
Training – The incorporation of RCV information is being planned for the poll worker training classes.
Ballot Distribution – This Division is considering the procedures necessary for RCV and looking for suitable locations for the staging of ballots this fall. Bill Graham Performance Center was used during the last election but it may not be available to the DoE for November.
Technology Division – This Division has been preparing the website for RCV, as well handling reports and purging the voter data bases.
Budget and Personnel – The Department is beginning the process to bring in new staff positions called “1471 Classification” which are election-specific. Interviews will be held in two days with the hope that some of our staff will move into these provisional positions in the coming weeks. The Budget was released yesterday and the Director hasn’t fully examined it but will be able to report to the Commission at the next meeting.
President Townsend asked the Director if the Department seeks the assistance of the City’s First Source Hiring agency. Mr. Townsend said that City uses this program in an attempt to hire workers who may be receiving welfare or who come from other government assistance agencies and this agency might be a good source for poll workers. Mr. Arntz said that he was unaware of this program. President Townsend said that he would put the Director in touch with the contacts for this source for workers.
5. PRESIDENT’S REPORT.
President Townsend welcomed the two new Commissioners: Eric Safire, appointed by the Public Defender, and John Trasviña, appointed by the Board of Education.
The President reported that he met with former President Rosenthal who asked him to inform the Commission that she was working on the Annual Report and that she plans to give some or all of the information to Commissioner Townsend before the next Commission Meeting.
6. NEW BUSINESS
- (a)Discussion and possible action to approve the minutes for the Commission meeting of May 21, 2004. It was MOVED to excuse the participation of the two new Commissioners, Trasviña and Safire from participating in this action because they were not present for that meeting. Motion CARRIED. Commissioner Winnicker MOVED and Commissioner Gleason SECONDED the approval of the minutes. Motion CARRIED.
- (b)Discussion and possible action to charge the Ballot Simplification Committee (BSC) with approving all Ranked Choice Voting (RCV) language used in the voting instructions and tallying information that will appear in the Voter’s Information Pamphlet (VIP). Commissioner Mendelson asked the Deputy City Attorney if the powers and duties of the BSC were spelled out in the Municipal Elections Code. Deputy City Attorney Moll said that this is true. She explained that the BSC assists the Director in preparing certain materials that must be included in the Voter Pamphlet under the Code. Ms. Moll said that the Director has the discretion to include additional materials if the Director feels it would be helpful to voters, and the Director can ask the BSC to assist in preparing or reviewing those materials. She said that the word “charge” which was used in the description of this agenda item was not the word used in the actual resolution.
Commissioner Gleason said that he had discussed this item with the Director and that he understands that the Commission cannot “charge” the BSC. The Commissioner gave a brief history of why the BSC was created and examples of work the BSC has accomplished. Mr. Gleason explained that one of the main reasons for the Committee’s creation was the voter’s digest and the writing of the explanation of what a “yes” or “no” vote actually means regarding a ballot initiative. He said that the BSC words difficult measures so that any voter, with an eighth grade reading level, can understand them. He said that the Committee, under the direction of Mr. Arntz, could be of great assistance to the DoE. The BSC is a neutral body that works with public input, and the Department and City Attorney also work with the language before it is actually made available to voters.
Commissioner Mendelson asked Commissioner Gleason what he wants the Commission to do regarding this item. Commissioner Gleason said that he would like to give an indication to the DoE that the Commission thinks that the language that goes in the Voter Information Pamphlet (VIP), which is one of the major pieces of information the voter receives, is approved by people who understand communication with the public. He said that this is not a “directive” or a “charging” but just a suggestion from the Commission to the Director. Mr. Gleason said he would like a member of the Ballot Simplification Committee to be in attendance to give the BSC’s point of view before the Commission votes.
Commissioner Mendelson said that he did not agree with the wording of the resolution and felt it should be more in line with the Code’s description of the BSC in that the Director is the one to assign tasks to the BSC and that the Commission should not be involved with the day-to-day operation of the DoE. Commissioner Mendelson MOVED that this item be taken to the Commission’s single standing committee for full discussion.
Commissioner Trasviña asked the Director how he feels about the item under discussion and asked if there was a particular reason that the BSC was being asked to review the VIP and not all the other materials that the DoE prepares for voter information. Director Arntz stated that currently there is no quorum at the BSC. He said that he understands the need for public comment on anything of import regarding elections. His concern, however, is timing. The BSC is not supposed to meet until July 26, 2004, and by July 15, the Department wants to have the standard pages of the VIP completed and available for all of the ballot types. He suggested that a review of the information in the VIP happen prior to July 15 and said that waiting until August to put major components in the VIP would be difficult because the DoE has to be involved in many other aspects of the upcoming election at that time. Mr. Arntz said that he feels that the Department can make good explanations of the written materials with its feed back from the Commission and the public and is responsive to that feed back.
Commissioner Winnicker said that he supports the premise of the resolution and after hearing all the comments, wants to MOVE the item to the Budget and Policy Committee and include a member of the BSC in the review of the materials in an informal way before July 15. The Commissioner reminded the members that it had sent a letter to all the appointing authorities of the BSC asking that appointments be made expeditiously. Mr. Winnicker asked the Commission Secretary to send a reminder to the appointing authorities.
Commissioner Trasviña asked if the Deputy City Attorney agreed that the Commission can do this. Ms. Moll said that if the Commission wants to recommend to the Director that the BSC be involved, minor modifications in the language of the resolution should be made and that, then, the resolution would be consistent with the powers of the Director and the BSC under the Charter and Municipal Elections Code.
President Townsend said that the wording should be to “urge” the Director to ask the BSC for assistance. He asked Ms. Moll to compose new language that she felt appropriate for the resolution and then work with the Budget and Policy Committee to bring this back to the full Commission. This was added to the motion. SECONDED by Commissioner Safire.
Public Comment – Jay Martin said that the idea of involving the BSC and the public was a good one and that all concerned be made aware of the July 15 deadline.
MOTION to refer the item to committee CARRIED.
- (c)Discussion and possible action to recommend to the State an amendment to the Elections Code to eliminate the pre-election newspaper notice of poll workers and polling places and posting this information on the Elections Department website instead. Commissioner Gleason said that he didn’t expect a vote on this item at this meeting. He called the Commissioners’ attention to the materials he presented. These materials included samples of the newspaper notices of polling locations and the names and political party affiliations of each poll worker, from past elections which have to be printed ten days before an election. The Commissioner explained that typically, the DoE spends $10,000 to $15,000 per election for this purpose. He said he has spoken to other elections departments in the state and the consensus is that there are better ways to make this information available to the public. Commissioner Gleason MOVED that the item be taken to committee. SECONDED. This item has been moved to the Budget and Policy Committee.
- (d)Discussion and possible action to appoint a Voter Outreach Committee. Commissioner Trasviña asked that the date on the resolution be changed to 2007 to span the three years that coincide with the extension of the Voting Rights Act. The amendment to change the date to read 2004 to 2007 CARRIED.
Action to appoint a Voter Outreach Committee CARRIED.
- (e)Discussion and possible action to approve a Statement of Incompatible Activities for the Department of Elections and the Elections Commission. San Francisco Campaign and Governmental Conduct Code section 3.218 requires that each department and commission adopt a Statement of Incompatible Activities, to provide guidance to officers and employees about what types of activities are incompatible with their official City duties. Deputy City Attorney Julia Moll explained that the Department prepared its statement of incompatible activities because of a new mandate imposed by the voters last year. She said that the Elections Commission differs from most other commissions because the Charter already provides a variety of very specific restrictions for this Commission. To respond to the new mandate, the staff of the DoE has presented a variety of activities which are incompatible with the official duties of the Commissioners as well as Department employees. The Commission has to review and propose the actual statement that goes to the Ethics Commission. That Commission and the Civil Service Commission will be involved with the next step. The Elections Commission’s part of the process must be completed by August 1, 2004.
Commissioner Gleason said that he agreed with the statement but that section five, concerning time demands, may be problematic because the DoE hires many part time employees who work at another job. He suggested that there not be a restriction on the statement when it goes to the Ethics Commission. If the DoE wishes to put restrictions on its temporary employees in its personnel policy, that may be the best way to handle this.
Commissioner Trasviña asked how much of the statement applies to the Commissioners because the terms “officers” and “employees” are used throughout. Ms. Moll said that where “officers” is used, this was synonymous with “Commissioners”. Mr. Trasviña read the statement “no officer or employee may be employed by or receive gifts or other compensation from individuals or entities that collect, analyze or report voter information or other elections data,” and asked if this precludes a Commissioner from writing an editorial or op-ed, which has nothing to do with the elections, from being paid by a newspaper because newspapers report on elections all the time. Ms. Moll said that she was sure that this was not the intent and suggested a sentence be added clarifying that the provision.
Director Arntz explained that what was intended was that the DoE has information on 450,000 San Franciscans not be used for personal gain. He said that Commissioners as well as employees should be included in the decision regarding how information on voters is used.
Commissioner Trasviña read “no employee may report or comment on voter information or other elections data except as authorized by the DoE”, and said that this seems to preclude an employee from reporting to a law enforcement agency any malfeasance. Director Arntz said that the whistle blowing law would take precedence over the statement of incompatible activities. What the DoE had in mind, Mr. Arntz continued, was that the information be restricted in how it is used, as directed in the Elections Code. He said that the Elections Code says nothing about a person being able to make an editorial opinion on something outside voter information.
Commissioner Winnicker said that Commissioners, of course, should hold themselves to a higher standard under the financial disclosure rules of the City, but that first amendment rights trump any statement of incompatible activities statement that the Commission might pass. He said that he would not have any trouble presenting an editorial on any subject, including one on an elections issue.
Commissioner Mendelson suggested that if this item goes into committee, there be a division in the requirements for staff and for the Commissioners because Commissioners do not have access to personal voter information.
Commissioner Gleason said that during the RCV in November, staff might have access to the tally before the algorithm is run and that this is an example of the kind of information that staff cannot make public.
Commissioner Winnicker MOVED to have this item considered in Committee. SECONDED. The Motion CARRIED.
Commissioner Winnicker asked to be excused and left the meeting at 8:17 pm.
- (f)Discussion and possible action to recommend that the Board of Supervisors amend the Campaign and Governmental Conduct Code to revise the rules governing personal financial disclosure by employees of the Department of Elections and members of the Elections Commission. The rules were adopted in 2002 and do not accurately reflect the administrative structure of the Department. In addition, the rules may be overly broad. Deputy City Attorney Julia Moll said that there were two reasons for this proposal. The first was an administrative or housekeeping matter that the current requirement related to financial disclosure by employees in the department was formulated years ago and doesn’t reflect the current structure of the DoE. Some positions listed no longer exist. The second was that the rules currently applied to the Commission may be overly broad. The financial disclosure rules are legal and permissible only to the extent that they are tailored to the official decision making authority of the employee or the officer. For example, if there is an officer whose official powers are limited to one very narrow area, but the financial disclosure rules require that that officer report personal financial interests that are totally unrelated to their official powers and duties, then the financial disclosure rules are overly broad and the City is not on solid legal ground in requiring that extent of financial disclosure.
Ms. Moll said that because the Commission has been in existence for over two years, it is appropriate that the financial disclosure rules be tailored to the actual responsibilities of the Commission.
Commissioner Mendelson asked Ms. Moll if she recommends that the Commission approve this item. Ms. Moll said that she does.
Commissioner Mendelson MOVED to approve, there was a SECOND. Motion CARRIED.
(g) Discussion and possible action to recommend that the Board of Supervisors amend the Municipal Elections Code to increase the filing fee for candidates for Supervisor. In general, candidates for municipal office are required to pay a filing fee of two percent of the current annual salary of the office sought by the candidate. In contrast, candidates for Supervisor are required to pay a filing fee of $500. This fee was set when Supervisors were considered to be part-time officers and their salary was $23,924. The salary for Supervisors has since been raised to $112,320. The Department of Elections proposes that candidates for Supervisor pay a filing fee of two percent of the Supervisors' current annual salary (based on the current salary, the filing fee would be $2,246.40). Under the Charter, any fee increase adopted in 2004 would not go into effect until 2005. Copies of the proposed amendment are available at the Department of Elections. President Townsend advised the Commission that Commissioner Winnicker had asked him to table this item because he had concerns but needed to leave the meeting early. Commissioner Trasviña said that if it was requested that another Commissioner be involved in the discussion and that Commissioner is not present, that the item should be tabled. Commissioner Trasviña MOVED to table the item. There was a SECOND. Roll call vote on whether to table the item: Gleason -yes, Townsend - yes, Mendelson - no, Safire - yes, Trasviña - yes. Vote was 4-yes, 1-no. This item was TABLED.
(h) Discussion on possible Ballot Designs and other materials for Ranked Choice Voting (RCV). Director Arntz reminded the Commission that this item was placed on the agenda by former President Rosenthal and said that the samples have been distributed to the Commissioners.
(i) Discussion and possible action to select venues and dates for the upcoming Elections Commission Meetings in various City communities, particularly those with low voter turnout. Commissioner Safire suggested that the Commission Secretary develop a list of possible venues for the Commission to consider. The President asked that members get in touch with Ms. Rodriques with names of high schools and other possible locations. He further directed the Secretary to schedule no more than one meeting of the Commission, per month, at an outside-of-City Hall community location. The Secretary is to have the list available to the Commission by its next regular meeting. Commissioner Trasviña asked that this item be on the agenda for the next meeting.
8. Unfinished Business
(a) Discussion and possible action to propose to the Board of Supervisors a Charter amendment moving the election for the offices of Public Defender and Assessor/Recorder from the March Statewide primary election to the following November general municipal election. President Townsend reported that the Commission has not heard a response from the Public Defender. The Secretary was asked to send the letter requesting input from the Public Defender again and Commissioner Safire was asked to personally speak with the Public Defender to solicit his recommendation on this item. This item was TABLED until the June 16th meeting of the Commission.
9. Discussion regarding items for future agendas. Commissioner Trasviña said there is a proposed Charter Amendment that is before the Board of Supervisors. This amendment involves the administration of the School Board Elections. Mr. Trasviña said that if this hasn’t already been acted upon by the Commission, he would like to know the DoE’s views regarding the proposed amendment. President Townsend explained that this was the proposal to allow non-citizen parents to vote on School Board Elections. This amendment may be on the November 2004 ballot. Commissioner Trasviña asked Mr. Arntz if he has made a report of the potential impact of this amendment. Mr. Arntz replied that he hadn’t. Commissioner Trasviña asked what is the deadline for Charter amendments that are to be on the November ballot to be before the Board of Supervisors. Mr. Arntz answered that the deadline is July 18.
Director Arntz said that the DoE will need to make an impact report for the Rules Committee regarding this amendment and will make that report available to the Commission.
Public Comment – Jay Martin spoke about increasing voter turn out and handed his report of printing changes for the VIP to the Commission. Dennis Mckinnsie congratulated the new Commissioners and said that having community meetings in high schools was a good idea.
ADJOURNMENT at 8:43 pm.