TRUE the VOTE Watching Your State?s Mail Ballot Process BEFORE WE BEGIN… This training provides general guidelines for watching the processing of “mail ballots” in your state. For this training, the term “mail ballot” refers to a ballot that is delivered for processing in a signed envelope, where processing involves verifying the voter’s signature prior to opening and counting the ballot. “Mail ballots” include absentee ballots, Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA) ballots and provisional ballots. Note that your state may call Election Watchers “observers” or other terms. You will need to do your own research to determine your state’s laws regarding mail voting. Some states are 100% vote by mail. Some allow “no excuse” mail voting while others require proof of illness or absence to vote by mail. Some states have more military or overseas voters than others, so they process more UOCAVA ballots. Per federal law all states require provisional voting (voting when a person’s name is accidentally omitted from the roster), yet some states have a higher percent provisional ballots than others. Check out the chart on the next page to see the prevalence of mail ballots in your state. If your state has a small percentage of mail ballots but is identified as a state with high early voting, check with your local election official to see if the early votes are delivered in signed envelopes and require processing similar to mail ballots. Before you train as an Election Watcher, first check with your county to see if they need poll workers or mail ballot processing workers. As a citizen committed to election integrity, you will have the biggest impact as an election worker. You may even get paid! STATE 5'6 MAIL STATE 5'6 MAIL 12% '95 ARLIDNA Sl MDNTANA ED CALIF DEN IA 56 UTAH 55 42 DHTH DAKDTA MICHIGAN EBHASIEA SDUTH DAKDTA KANSAS WISEDNSIN DISTRICT OF CDLU MBIA SDUTH EAHDLINA EW TEASII EW EW HAM I RE MIN VIRGINIA MARYLAND ISSDU RI RHDDE ISLAN CGN NECTICLJT MISSISSIPPI DHLAHDMA CARGLI LDUSIANA ILLINDIIS TEN ALABAMA l? not speci?ed “Observation changes things.” --Catherine Engelbrecht True the Vote Founder and President Remember throughout your time as an Election Watcher, simply showing up and quietly observing the process makes a significant difference in the integrity of elections. Having watchers present changes the mindsets of the election workers so that they are encouraged to become more diligent in following required ballot processing and security procedures. ELECTION WATCHER QUALIFICATIONS Volunteer watchers should: Be able to stand for long periods of time. Be able to see and accurately document fast-paced processing activities. Be professional at all times, follow the rules of conduct, be civil and respectful. Be available to work before, on and/or after Election Day. Ideally have a flexible schedule as processing dates and times can change. Ideally live near a ballot counting center. HOW TO BECOME AN ELECTION WATCHER IN YOUR STATE Start NOW researching your state’s laws on Election Watchers so you are prepared well before Election Day. Research your state’s requirements to be an Election Watcher:  Who is eligible?  Must one be appointed by a candidate or political party or can anyone be a watcher?  Is there official training or certification that one must complete? Phone your county or local elections office for quick answers about being an Election Watcher. KNOW YOUR STATE’S LAWS FOR MAIL BALLOT PROCESSING Ballot processing usually begins as soon as mail ballots are received by election officials, so it’s important to familiarize yourself with your state’s election laws well in advance of the election and prior to your first meeting with local officials. Visit your Secretary of State’s website and research the latest version of the election law. Relevant areas of the law include: Watcher Rights to View and Challenge  How many Watchers are allowed to observe at one time?  Are Watchers are allowed to watch signature verification and other ballot processing activities at a close enough distance to easily see and hear the processing activities?  Are Watchers allowed to challenge decisions made by processing clerks?  If challenges are allowed, how are they to be presented and to whom? Publishing Requirements  Are the election officials required to publish a list of those who returned mail ballots? If so, how often?  Are the election officials required to publish a ballot processing schedule? If so, how much notice must they give to Election Watchers? KNOW YOUR STATE’S LAWS FOR MAIL BALLOT PROCESSING cont. Return Ballot Envelope Requirements  What are the required elements that must be printed on the exterior of the mail ballot return envelope? These might include a line for the voter to sign, the voter’s name and address, etc.  Must the return envelope include information about allowing a third party to deliver one’s ballot?  What are the required elements that must be printed on the exterior of the provisional ballot envelope? Per federal law, this should include a statement for the voter to sign that the s/he is registered in the jurisdiction.  Must the mail ballot and/or provisional materials include a privacy envelope or sleeve? Receiving of Ballots  What is the last date and time a domestic mail ballot can be received to be counted?  What is the last date and time for military and overseas ballots to be counted? KNOW YOUR COUNTY’S PROCEDURES As soon as you are certified as an Election Watcher: Contact your local or county elections official and arrange to tour the ballot counting center. Ask him or her to walk you through each processing station and procedure so you are familiar before the election and establish a working relationship. Ask... What are the procedures for entering the counting center? Do I need an appointment or can I just drop in? Can I be assigned a “point person” and what is his or her name and contact information? How many Watchers are allowed at a time in a processing area? What are the rules about Watchers taking notes? Where are Watchers allowed to stand and watch signature verification and other activities? Do these locations allow the Watcher to easily view and hear the activities? How and to whom should the Watcher present questions or challenges? What is the ballot processing schedule and how/when can I receive advance notice of schedule changes? How are signatures compared and what defines a match or mis-match? Are signature verification machines used to compare signatures or are all done manually? If a machine is used, what happens if the machine identifies a signature as discrepant? What happens to ballots that both the machine and clerk reject for signature discrepancies? May Watchers challenge a specific signature decision? By what procedure? What are the ballot duplication procedures (for damaged, etc. ballots)? How do you ensure that a mail or provisional voter did not also vote in person? What are the ballot security procedures, including delivery from the post office, storage of ballots before and after counting, movement of ballots within the center, etc.? How are electors’ votes kept private when opened? KNOW YOUR COUNTY’S PROCEDURES cont. During your tour of the counting center...  Secure a copy of the county’s training document for provisional ballot processing. This will give you a framework against which to compare your observations. Note whether any elements of training appear inconsistent with state law.  Secure a copy of both sides of the provisional ballot envelope. Note whether the information written on the outside of the county’s envelope appears inconsistent with state or federal law.  Secure a copy of the county’s training document for signature verification. This will give you a framework against which to compare your observations. Note whether any elements of training appear inconsistent with state law.  Secure a copy of both sides of the mail ballot return envelope. Note whether the information written on the outside of the county’s envelope appears inconsistent with state law.  Request to attend the county’s Logic and Accuracy Test (if they conduct one), during which the procedures and machines are tested and publically certified. →Do NOT sign the certification in case you later need to challenge a procedure that fails in practice (politely decline if offered, stating that you are “too new” at observing).  Contact your point person immediately if county procedures and/or materials appear to be inconsistent with election law. Document any unresolved inconsistencies on Incident Report forms. LET’S GO! On the following slides, you will learn the “Rules of Conduct” and all about the four areas of mail ballot processing. At the end of this training module, there is a very important section called “Creating Election Watcher Incident Reports”. There you will find a printable Election Watcher Incident Report form, learn how to recognize and document incidents and how to submit them to your state and county election officials. RULES OF CONDUCT Please follow these rules during your time as an Election Watcher: Wear comfortable but “professional” clothing. Bring a jacket or sweater as needed. Do not wear political clothing or accessories. Wear comfortable shoes since you may be standing most of the time. Do not wear perfume or cologne. Sign in at the front desk under the “appointer” for whom you are observing, NOT under True the Vote. Bring your certification papers, a copy of this training document, Incident Report forms, a clipboard, pencil, blue ballpoint pen and note paper. Turn off your cell phone. Calls, photos or recording are not allowed in the counting center. Take a snack and drink but do not eat or drink inside the ballot processing areas. Come fully rested and attentive! This is detailed and repetitive activity to observe. It requires your full attention. If you are working with others in shifts, arrive 10 minutes early so the Watcher you are relieving can brief you. Speak only to the Watcher Contact and not the Election Judges or others processing ballots. Do not engage with campaign workers or other Watchers and do not take breaks or meals with them. Never touch materials, machines or personnel. Never interfere with the orderly conduct of any aspect of the election process. Never record or disclose confidential voter information. Never disclose any election results before they are officially reported. 1 . SIGNATURE VERIFICATION The majority of your time will be spent observing signature verification. This involves an election worker (“clerk”) comparing the signature on a ballot return or provisional envelope to the voter’s signature on his/her voter registration card. Research your state’s law regarding signature verification, including:  Does your county election official provide training to clerks on signature comparison techniques? If so, obtain a copy of the training document at your pre-meeting and walk through the procedures. The training may include elements such as these for the clerk to consider when comparing signatures: o An obvious change in the signature slant. o A printed signature on one document and a cursive signature on the other document. o A difference in the signatures’ size and scale. o A difference in the signatures’ individual characteristics, such as how the “t’s” are crossed, the “i’s” are dotted or loops made on “y’s” or “j’s”. o A difference is the elector’s signature style, such as how letters are connected at the top and bottom. o Evidence that ballots or envelopes from the same household have been switched. o Any other noticeable discrepancy such as misspelled names.  What are the laws if a signature verification machine is used and is unable to determine whether a signature matches?  Who makes the final decision about discrepant signatures and how?  Is the voter contacted if a signature is discrepant or missing?  What happens if there is disagreement among the clerks concerning a signature match?  What happens with signatures suspected to be fraudulent?  What happens if a mail or provisional voter also voted in person? 1 . SIGNATURE VERIFICATION cont. When observing the clerks verifying signatures, note and tally as necessary...  the name of the clerk you are observing  envelopes with no signature being accepted by the clerk  envelopes with what you believe to be a discrepant signature being accepted by the clerk  envelopes with what you consider a matching signature being challenged by the clerk. If envelopes with no signatures OR discrepant signatures are accepted by the clerk and if you have the right to challenge the signature, quietly, but immediately, address challenges to your point person. Observe long enough to assess the work of the signature verification clerk and, if necessary...  quietly address any additional problems with your point person;  document unresolved incidents on Incident Report forms. 2 . BALLOT RESOLUTION AND DUPLICATION Once the signature on a ballot return envelope is verified, it can be opened and the ballot removed. In some cases, a ballot is damaged or otherwise unreadable and cannot be run through the ballot scanner. UOCAVA ballots are sometimes faxed in and may be unreadable by the scanner. There may also be over-votes and ambiguous markings. In these cases, the ballots may need to be resolved and duplicated. This is done by people appointed and trained for this activity. Research your state’s laws, including:  How are damaged and otherwise unreadable ballots identified and handled?  What are the requirements to be a worker who resolves and duplicates ballots?  What are the laws and procedures for ballot duplication?  During duplication of ambiguously-marked ballots, how is voter intent determined?  How are blank ballots inspected and handled?  How are duplicated ballots required to be documented and stored? Observe the ballot resolution and duplication activities and, if necessary...  quietly address any problems with your point person  document unresolved incidents on Incident Report forms. 3 . BALLOT COUNTING Once the signature on a ballot return or provisional envelope is verified, it can be opened and the ballot removed. During the opening of ballots, there should be some means of obscuring how voters actually voted. The ballots will then be grouped together and counted by vote tabulating equipment. Research your state’s laws, including:  What are the requirements for persons who process and count the ballots?  Who is allowed access to ballot counting equipment?  How soon may ballot processing and counting begin?  After what date and time can counting results be released?  How are results kept secret before that time? Observe the opening of ballot envelopes, privacy and counting practices and, if necessary...  quietly address any problems with your point person  document unresolved incidents on Incident Report forms. 4 . BALLOT SECURITY When you meet with your local or county election official, he or she should walk you through procedures for securing ballots and vote counting equipment. Research your state’s ballot security laws, including:  How and where are processed and unprocessed ballots required to be logged, sealed and stored?  What are the requirements for persons engaged in processing and counting of ballots?  What are the laws for supervising outsiders such as Election Watchers, campaign workers, vendors, etc.  What kind of identification is required to visually differentiate authorized persons from unauthorized?  What are the laws regarding use of passwords or identification to access sensitive areas?  What are the laws concerning connection of the vote counting equipment to the Internet or allowing wireless capability?  Are video security surveillance recordings required and in what areas? Observe the handling and storage of processed and unprocessed ballots and use of equipment and if necessary...  quietly address any problems with your point person  document unresolved incidents on Incident Report forms. CREATING ELECTION WATCHER INCIDENT REPORTS Completing Incident Reports  Only report incidents that are “actionable”: o They appear to you to be possibly non-compliant with state laws or procedures AND o They have been brought to the attention of your point person or appropriate official AND o They remain unresolved.  IRs are not designed to be a “diary” of activity you observe; only report apparent unresolved irregularities/exceptions to the law.  Focus o o o o on the facts of the incident and do not be emotional or judgmental. Report: When (full month/day/year and time of day) Where (name of location and full location address) Who (names and titles of each person involved) What (apparent inconsistency, specific actions, words and/or documents observed).  You may not be allowed or able to take detailed notes in the counting center. When that occurs, complete your IRs as soon as you leave the facility, when your recall is best.  Avoid citing specific laws on your IR. It’s best to state the facts of the incident and that “it [the reported conduct] may be inconsistent with election law”. Leave quoting the exact laws to election lawyers.  Complete IRs in blue ballpoint pen.  Sign and date the bottom of each IR where specified.  Attach additional papers if needed and identify the attachment by name, date and number of pages above your signature on the IR. CREATING ELECTION WATCHER INCIDENT REPORTS cont. Submitting Incident Reports Once you (and others if working as a team) have completed your IRs, you will submit them to the appropriate election officials.  Make a copy of each IR and its attachments, if any. Submit the copies and keep the originals.  Write a cover letter summarizing the incidents and attach the IR copies. When significant, point out good work you observed in the course of detailing the incidents of unresolved apparent non-compliance. Do not be accusatory. Rather, state that the incidents appear to be inconsistent with election law, hence, noncompliant.  Sign the letter as a watcher for your appointing party, NOT True the Vote.  Recipients of the cover letter with IR attachments should include your appointing party, the county election official, Watcher Contact and the state elections office. THANK YOU FOR BEING AN ELECTION WATCHER! Election Watchers are critical participants in our election process. Your time and effort will assure that the election is conducted with integrity and voters’ rights are protected.