Elections Commission
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Elections Commission
Approved: 06/18/03
Minutes of the Meeting held
June 4, 2003
- President Rosenthal called the meeting to order at 7:05 pm.
2. COMMISSION MEMBERS PRESENT: Commissioner Robert Kenealey, Commissioner Brenda Stowers, Commissioner Richard Shadoian, President Alix Rosenthal and Commissioner Arnold Townsend. ABSENT: Commissioner Thomas Schultz and Vice President Michael Mendelson.
3. PUBLIC COMMENT. Jonee Levy congratulated the Commission on the Board of Supervisors passage of two supplemental budget appropriations; one for software and one for outreach.
4. PRESIDENT’S REPORT: President Rosenthal reported that ES&S has submitted procedures to the Secretary of State’s office, however, nothing has been received by the Department. The Commission has received the Civil Grand Jury’s report of May 21, 2003. The findings of the Grand Jury were consistent with the DoE’s stated goals, such as consolidation of space and poll worker training, A representative of the Civil Grand Jury will be making a presentation to the Commission at a future meeting. The Finance Committee of the Board of Supervisors has funded the Department’s outreach program for $526,000 – this is considerably less than the $1.4M requested. On June 10, 2003, the ES&S contract modification for $1.6M comes before the Board. The President invited the public to attend the June 10th Board of Supervisors meeting.
5. COMMITTEE REPORTS:
Budget & Policy Committee – Commissioner Stowers reported that item #7(e) on today’s agenda regarding fiscal accountability was discussed at the Committee’s May 27th meeting. The proposal calls for the DoE to inform the Commission of the total cost when it is asked to approve a partial payment, to ensure that adequate funding is available before entering a major contract, and appropriate staff become thoroughly conversant in the City’s purchasing rules, regulations and application. One question discussed in Committee was whether this policy was already covered by current Charter Law. Part of this proposal is in the Charter but purchasing rules and regulations are not. The policy is asking the DoE to do more than the Charter requires. One reason for the policy is that under the previous director, the Department spent monies without informing the Commission of the full expense. The Committee voted to put the policy in place as a precaution to keep the same situation from recurring.
Additionally, the Committee discussed amending the Bylaws to substitute an Annual Report for the Commission’s Annals. The Committee decided to recommend that the Commission amend the Bylaws to accomplish this.
The status of the Annual Report and the possibility of an addendum to that report was discussed. The report submitted by the President is still in Committee and will be taken up at the Committee’s June 16th meeting for further review. The Committee, after thorough review of the two addenda proposed, decided they were redundant to the President’s report except in the reporting of the Elections Task Force which will be included. The Committee hopes to submit the final report to the Commission after the Committee’s June 16, 2003 meeting.
Ranked Choice Voting- Director John Arntz reported that the contract with the vendor, Elections Systems and Software (ES&S), was completed and the Board of Supervisors will have its second reading next Tuesday. If the monies are appropriated, the DoE will enter into a contract with ES&S.
Supervisor Sandoval submitted a supplemental appropriation to the Board for the outreach proposal for $2.4 Million. The budget analyst proposed lowering the amount to $500,000 to be put on reserve until the Secretary of State certifies an election system. The Committee increased that proposal by $26,000. This change means that next Wednesday in Room 263 of City Hall there will be another hearing of the Finance Committee on the outreach supplemental. If it’s approved the full Board will consider the supplemental appropriation and the DoE will know if the amount will be on reserve.
The Director stated that he had heard that ES&S submitted procedures to the Secretary of State’s office. These cover how Ranked Choice Voting (RCV) will affect the use of the optical scan system voters use. The Director stated that he has not been contacted by the Secretary of State or ES&S and doesn’t know what was actually submitted. Procedures must be submitted 45 days before the actual application is submitted.
A representative of the Secretary of State will be visiting the DoE next week to observe the hand count procedure. Director Arntz reminded the Commission and the public that the DoE currently has no system to use for the November election and everything is in the hands of other people, i.e., the Secretary of State and ES&S.
Commissioner Stowers asked about the 45 day timetable ES&S has to have submitted their procedures and if that company was on schedule. Mr. Arntz replied that his timetable was “as soon as possible,” and reminded the Commission that there is a clause in the ontract that stipulates that if there is no certification by August 1st, the Director of Elections could withdraw from the RCV portion of the contract. Commissioner Townsend asked the Director if ES&S was the DoE’s vendor. Director Arntz replied affirmatively. The Commissioner then asked why, if that is the case, they would not give us the information they submitted to the Secretary of State’s office.
Commissioner Kenealey asked the Director if the Secretary of State has let him know the office’s position on the manual count. Director Arntz answered that they have not but agents of the Secretary’s office will be on site to see a demonstration of the manual count, and the DoE is expecting feedback from that visit. The Director added that the Secretary of State gave the DoE questions on procedures. Those questions have been answered and returned.
Commissioner Kenealey asked the Director if he could provide timelines or a flow chart for the next meeting that would show when the Department would need the money to hire 500 additional workers if there is to be a manual count, and other contingencies that need to be met for the upcoming election. Director Arntz stated that he would attempt to put a flow chart together in time for the June 18, 2003 meeting.
Budget– the Mayor’s office has submitted its proposed budget to the Board. Mr. Arntz will go before the Budget Committee next week to defend the DoE budget. There will be at least two more meetings. The Department continues to pay bills from the last fiscal year. Since staff has been taking days off without pay, the DoE has met its mandated goal of cutting ten percent from last year’s budget, and we’ve been able to pay additional bills that were not paid. Sequoia Printing has been selected to print the ballots for the November election, they have been our printer in the past. The Voter Information Guide (VIP) is currently being reviewed by the Department. There were two submissions as a result of the Department’s RFP for layout and translation of the VIP.
Commissioner Rosenthal asked if there was a chance that staff would have to be laid off due to funding shortages as was the case last year. Mr. Arntz responded that processes have been examined to make the Department more efficient and he feels the staffing is in good shape for this year. The Commissioner congratulated the Director and the Department for being able to keep staff on through the end of the year. Director Arntz reminded the Commission that this is the first time since 1998 that the DoE hasn’t had to request a supplemental appropriation after the election season.
Poll Locating– This division’s site reviews continue. It has been difficult to contact people in some of the public buildings like churches, because many are closed during the work week.
Outreach– This division has created a power point presentation for the community outreach effort that includes RCV. Staff is translating flyers and posters, and is scheduling community events.
Training– The person in charge of this division also prepares election day activities. He has been working on the vehicle plan, City Hall use plan – because the Department always takes over the building during an election, parking plans for the Civic Center area, preparing badges, preparing the agenda for the next training advisory board meeting, and preparing an “on-line” training component – not to replace the physical training on site, but to augment the training.
Ballot Distribution– This division is finalizing the business district election for the Union Square area. Staff has been surveying our supplies at the DoE’s warehouses. The division has contacted Los Angeles regarding that city’s early voting program because the Board of Supervisor’s Rules Committee requested information on the possibility of such a plan for San Francisco.
Voter Services– Candidates have begun to drop off signatures in lieu of filing fees. They get 50 cents for each registered voter. So far, 8000 signatures have come in for processing. Absentee Ballot applications have been put on our website and the division is working with Ballot Distribution to arrange for early voting satellites throughout the City.
Campaign Services– This division has received declarations of intent for the 2004 elections from a number of candidates. The staff is currently working on three elections after this November’s election. For November, they have distributed thousands of registration cards for drives. They also work with Voter Services on the signatures in lieu process. There was a Brown Bag Luncheon Meeting last week, at which Commission Arnold Townsend was an attendee. The attendance for these meetings is increasing as the election draws near and there are plans to have two each month and more frequently as we near November.
Commissioner Stowers asked the Director if he had information on the potential size of this election’s VIP. Director Arntz stated that the size would depend on whether or not there will be paid ballot arguments. The issue of eliminating these ballot arguments goes before the Board of Supervisors next Thursday.
Personnel – The DoE now has complete oversight and control of its personnel matters. In the past, this has been handled by the department of Administrative Services.
Commissioner Shadoian asked about the status of security for the election. Director Arntz replied that the department is developing several plans, one of which is to hire off duty police officers. Commissioner Shadoian asked if it was definite that the DoE could not use Deputy Sheriffs for the November elections because the office of Sheriff is on the ballot. Mr. Arntz replied that the answer was not clear. The Charter states that the Director is to make an alternative security plan and present it to the Commission which then makes a decision. Mr. Arntz said that he sees nothing in the amendment that prevents the DoE from using deputy Sheriffs. The Commission requested that the City Attorney provide it advice on this issue.
Public Comment: John Golinger asked if there will be discussion on the outreach plan at a future Commission meeting. He also stated that Supervisor Peskin had made it clear to him that the monies for outreach were not to be put on reserve. Angela Ramsey asked if there could be a task force focusing on technology for RCV. Charles Kalish asked if the manual counting process has been certified. He said a timetable of what needs to be done is necessary for citizens. Steven Hill said his understanding of the product ES&S presented to the Secretary of State, after speaking to Joe Taggart, is that it is a complete, full application totaling 102 pages.
7. New Business
(a) Discussion and possible approval of Elections Commission Minutes for the Special Meeting held on May 21, 2003. MOTION for approval CARRIED unanimously.
(b) Discussion and possible approval of the Elections Commission Minutes for the regular Commission Meeting held on May 21, 2003. MOTION for approval CARRIED unanimously.
(c) Discussion and possible approval of Elections Commission’s Budget and Policy Committee Minutes for the meeting held on May 27, 2003. MOTION for approval CARRIED unanimously.
(d) Discussion and possible action to adopt a resolution that the Department of Elections have a procedure for receiving and responding to complaints of violation of elections laws and to report to the Commission on a quarterly basis the volumes, type and disposition of these complaints. Commissioner Shadoian MOVED to adopt.
Discussion: President Rosenthal asked the Director if it was true that the Secretary of State’s office (SOS) offers a pamphlet on voters’ rights including election fraud and directing interested citizens on how to report election fraud. Director Arntz responded that this was true. Additionally, the Director said, the SOS provides a form and a 44 page voter fraud booklet on its website. President Rosenthal asked if the DoE could provide this information to citizens who ask for it. Mr. Arntz answered that the department could make this information readily available at the front desk and provide a form that citizens could fill out and submit to the District Attorney’s Office.
Commissioner Townsend commented that his concern was that threats of voter fraud are used to intimidate citizens from voting. He said these threats are used against people of color, especially Hispanic voters who may be accused of being non-citizens. The Commissioner said he is “cautious” on this topic.
Commissioner Stowers said she was concerned because the policy was asking the Director to provide a specific kind of report that he is to write and submit to the Commission. There are codes already in place for voter fraud. The Commission needs to have faith that the Director will bring these things to the Commission’s attention, and not get involved in day to day department activities and ask for a report every quarter on this matter.
President Rosenthal suggested that the Commission ask the Director to provide to any citizen who has a fraud complaint, the SOS information, and how to file a complaint with the District Attorney’s Office. She asked Commissioner Shadoian if this would be agreeable to him. Commissioner Shadoian replied that it would not. He stated that he wanted a specific policy in place.
Public Comment: Steven Hill said that it made sense to him that there be a policy so that citizens can report what they suspect to be voter fraud. He said that the Secretary of State’s office was in Sacramento. Commissioner Townsend reminded Mr. Hill that there was a Secretary of State’s office across the street from City Hall.
President Rosenthal called for the vote. MOTION failed.
(e) Discussion and possible action to approve the Budget and Policy Committee recommendation to adopt a general policy on fiscal accountability and responsibility for the Department of Elections.
Commissioner Stowers reported that the Budget Committee recommended that the Commission adopt this policy that holds the Director accountable for letting the Commission know in advance what would be spent.
Commissioner Stowers asked Director Arntz if the policy was representative of how he perormed day to day business. Mr. Arntz replied that he wasn’t sure if the policy means that the DoE must get every contract authorized through the Commission, because that was his understanding as he read it. Further, he said he didn’t understand the partial appropriation section or the section which reads “the Director and his staff shall become fully conversant” – what is the threshold for “fully conversant in purchasing rules?”, Mr. Arntz asked. He said his staff always wants to do things properly and is in constant contact with the City’s purchasing department, however, staff may not know everything all the time – and may need to seek answers. Director Arntz continued that the policy formalizes what the department does already, but creates high expectations.
Commissioner Townsend stated that Commissioners need to be very careful not to become “staff”. He said that we have a Director and staff that the Commission trusts and when the Commission no longer trust them, the Commission should hire new people. The Commissioner said that he has worked in situations where approval or notification was needed for contracts over a certain amount and that it is not a good idea to wait two weeks until the Commission meets for approval under some situations. Commissioner Townsend said that he felt the Commission shouldn’t take that control away from our Director.
Commissioner Shadoian agreed and added that it is difficult to know the total program cost and timetable to report to the Commission. This would put a lot of restrictions on our Director.
President Rosenthal asked Commissioner Stowers if she would want to withdraw her motion and consider the Commission’s comments for redrafting a motion or have a vote on the motion now. Commissioner Stowers agreed to put the MOTION to vote. The motion FAILED.
(f) Discussion and possible action to approve an amendment to the Commission bylaws, Article VII, to create a single standing committee for the Commission. This item was TABLED until the next meeting.
8. Notice is hereby given that at its meeting on June 18, 2003, the Commission will consider approval of an Amendment to Bylaws, Article XI, deleting the word “annals” and inserting instead “annual report,” and providing that the President prepares the annual report, with the approval of the Commission. The proposed amendment will be available at the Department and at the Commission Office.
9. Public Comment: Steven Hill said that the Department should concentrate on how to vote instead of how the system works. Additionally, he suggested that the Secretary of State does not have to certify the procedure for a manual count of ballots, just the voting equipment. Charles Kalish asked who, in the Department, was in charge of educating voters regarding RCV. Lucy Colvin encouraged the Commission to support RCV.
Meeting ADJOURNED at 8:40 pm.