September 02, 2005
King County Absentee Ballots in serious Violation of State Law

Hat tip to Bob Edelman of the Evergreen Freedom Foundation for taking a close look at his absentee ballot and discovering that it violates state law on mail forwarding. Hundreds or possibly thousands of ballots are likely to be inappropriately forwarded to voters who have moved and are not eligible to vote the ballot they receive. We can expect many of them to unknowingly (or otherwise) cast illegal ballots. Here is a scan of Edelman's ballot materials (1.7MB PDF, 8 pages).

Note that the outer envelope that is sent to the voter [p. 1] contains the endorsement "Forwarding Service Requested". This means that the post office will forward a patron's mail within the first 12 months of moving without notifying the sender of the new address. State law RCW 29A.40.091 is clear on what the absentee ballot must contain if ballots are forwarded:

If the county auditor chooses to forward absentee ballots, he or she must include with the ballot a clear explanation of the qualifications necessary to vote in that election and must also advise a voter with questions about his or her eligibility to contact the county auditor.
The required explanation and advice are not included with the ballot. The only thing that comes close to an "explanation of the qualifications" is the fine print on the return envelope below the spot for the return address [p. 7]. But that's both likely to be missed and no substitute for a "clear explanation". Nowhere is there any advice for voters with questions about eligibility to contact the auditor. Furthermore,WAC 434-240-190 requires postal service endorsements which
receive from the post office the addresses to which ballots were forwarded
Because the county will not receive forwarding addresses as is required, many of these inappropriately addressed ballots will also be sent for the general election.

A King County Elections worker who had responsibility for absentee ballots under Bob Bruce reviewed Edelman's absentee ballot materials and notes how incorrectly this year's ballots were prepared --

Topic #1: If they are using the cautionary language under the return address lines on the return envelope as "the clear explanation of the qualifications", I would find it laughable.

You see, with one small change they have made, we wrote that little warning.

The original reason for it was that people were writing in a new address in the address return area and assumed that was all they needed to do to permanently change the address on their voter registration. Those envelopes never even come near the people who handle voter registrations, and it's not the way to change one's registration anyhow. So, that warning started appearing in 2000, to stop the flood of "changes" coming in via cryptic scribbles on absentee envelopes.

For the target audience of people who try to inappropriately change their addresses on the return address lines, I feel it is appropriately placed. But it was NEVER intended to be the clear explanation of qualifications to vote in your precinct.

(They have changed our longer wording "currently physically reside, or claim as your legal permanent residence", to: "Currently reside", which I don't think provides enough infromation. Oh, well.)

Topic #2: They have the wrong indicia on their envelopes. It should be Address service requested.

The outer envelopes used to have the equivalent of Address Service Requested, but the phrasing was a bit different until 2002, when an overhaul of the USPS mail catgories was done, and postal indicia were changed in several categories.

Address Service worked (and works) in that we would get a white postcard with data back on anyone whose ballot had been forwarded, so we could change their address and take them off permanent absentee from that card. The reason: if we receivd a change of address notice from the post office, and the voter had not already changed their address, they were supposed to be removed from permanent absentee and notified, and were not to be replaced on perm abs again until they corrected their address.

The office would have had to change the indicia to accomodate the new wording in early 2003 to make this change.

Evidently they chose the wrong indicia. Hah. IF the entire mailing uses "forwarding service requested", rather than "address service", then the whole mailing is out of compliance with the statute.

However, I think they sent Bob's ballot (and god knows how many others) in the wrong envelope.... see below:

[Stefan interjects: unlike Edelman, my wife is permanent absentee. Her envelope also says "Forwarding service requested", but was sent under a Non Profit Org permit]

Topic #3: Ask Bob Edelman how he requested his ballot? Look at his
packet - it has full first class postage placed on it through a metered sticker on it. If he is on permanent absentee, that would mean that they specifically pulled his ballot out to send first class, which means they are probably covering up some problem with the mail out.

Unless...is Bob a service voter? They have used the wrong envelope for him, unless he's with the state department or active military (at his age?) and I am unaware of that. There most assuredly is postage required for regular absentee ballots - they are sent first class pre-sorted, with the postage applied by permit. Look, it's a DMM envelope, with first class postage applied to it.

I wonder how many were sent that way?

I have another beef with this envelope - under the voter's siganture, there is a line for "phone number". No where does this clarify that providing your phone number is optional, and used only if there is a problem with the signature, AND! that once you put your phone number down on the envelope, it becomes public record. And the political parties have access to that information.

Anybody who guards their unlisted/unpublished number should be damn pissed to have given their phone number, thinking it was required on their ballot, only to find that it was requested for the convenience of the election office and now was publicly available.

One more point:
Notice Bob's envelope has 60 cents postage. That's full-freight first class for 2 oz. mail pieces. No presorting discount, etc.

The presorted non-profit first class rate that the election office gets is either 11 cents or 13 cents per piece outgoing.

If Bob's was a one-shot wonder, then they only wasted about 47 cents.

If they incorrectly inserted a whole bunch of ballots into DMM envelopes and had to put postage on all of them, it could be hundreds or thousands of dollars we are talking about.

All waste of public funds....

But it's possible that they took the one time requests received recently and processed them at the counter to get them out sooner. If the proper envelope was used, then they could have still been pre-sorted into the day's outgoing mail (there are a few hundred new requests each day during a county wide election, or at least used to be), and have gained at least a partial rate discount. But his looks like it was mailed all by its little lonesome.

There could be a reasonable explanation that doesn't involve waste. His packet could have been damaged in the ballot insertion machinery and was pulled out of sequence on the line. In that case, I would think it was reasonable to send one ballot on its own, to ensure that the problem was corrected and the voter got his ballot.

Even if the above explanation is the case, disturbing to me is that a local voter should NEVER receive a ballot in a DMM envelope, which is postage paid by the Feds, and doesn't have the correct indicia for local presorted first class mailing. That shows that someone is being very, very careless in the envelope stuffing department down there.

Posted by Stefan Sharkansky at September 02, 2005 11:48 AM | Email This
Comments
1. When does it end....?

Posted by: Michele on September 2, 2005 12:32 PM
2. When does it end....?
After David Irons has a chance to restore law and order.

Posted by: Stefan Sharkansky on September 2, 2005 12:36 PM
3. Would not any reasonable person handling the elections KNOW that this election will be scrutinized severely?

Posted by: HappyGoLucky on September 2, 2005 12:40 PM
4. HappyGoLucky, you mean like the intense scrutiny of the ballots and tabulation methods (among a million other things) closely looked at during the last election? They fraudulently stole the election, and got away with it, scot-free, and now Logan is firing the whistle-blower (can't have her around for this next election).

The only thing they learned is that they can steal elections in broad daylight, go to court, and get off scot-free. This experience will only make them MORE brazen, I'm afraid...They basically have a free license to do whatever they want now, so long as Sims and Reed are in charge...

Posted by: Scott on September 2, 2005 12:59 PM
5. Happy: exactly what I'm thinking!

This is really ridiculous. I'm so glad Stefan & the EFF are on this, BEFORE the primary! This means no excuses for the Elections Dept.! If there's a close vote and David Irons loses (God forbid), we can not accept an outcome like we just got with the Rossi election contest. ACCOUTABILITY!

Posted by: SweetNSassy on September 2, 2005 01:02 PM
6. where are the Feds?

where is the local media?

Where is the State RNC?

Posted by: dano on September 2, 2005 01:11 PM
7. I beg to differ. Doesn't the oath on page 8 list all of the qualifications for a voter consistent with RCW 29A? Moreover, the warning on page 7 seems pretty clear to me and there is a number to call if you have any questions on page 2. Seems to me like it complies with the statute.

Posted by: Bleu on September 2, 2005 01:17 PM
8. /sarc on

But Dean Logan fixed everything, he said so. Oh, and they fired Nicole Way, she was the problem. Its all right, don't worry the election is in good hands.

/sarc off

Posted by: JCM on September 2, 2005 01:19 PM
9. Bleu,

You are mis-understanding the reason that the ballot materials are out of compliance.

In the PDF materials, note WAC 434-238-080, which states, in part, "The county auditor has the option to forward mail ballots. The envelopes in which the ballots are mailed to the voters shall be mailed with either:

(1) Postal service endorsements to prevent forwarding of ballots..."

OR,

"(2) Postal service endorsements to allow forwarding of the ballots, to receive from the post office the addresses to which ballots were forwarded, and the return of unforwardable ballots. Forwarded ballots shall also include a clear explanation of the qualifications necessary to vote in that election...."

King County has chosen option 2.

KCREALS has not done a good job of making the qualifications to vote the forwarded absentee ballot clear, that is true, but what makes the mailing in gross violation of election laws and administrative rules (which have the same force as law) is that "Forwarding Service" only forwards the ballot to the voter, it provides no forwarding information to the election office. This is not in compliance with WAC 434-238-080(2).

The county should have used "Address Service" if they wished to make the policy decision to allow forwarding of ballots. Address Service (as you will note on page 1 of the PDF) forwards the ballot if the address change is recent, AND provides the forwarding information on a seperate postcard to the county elections office for proper handling.

So, essentially, the ballot gets forwarded, and the County soldiers on in an information vacuum. As they get no notification of which ballots have been forwarded, they have no idea the address is bad, and will continue to send ballots out to the wrong address.

Only "Address Service" is in compliance with WAC 434-238-080(2). "Forwarding Service" is not, and that is the key item that makes the whole mailing problematic.

Posted by: Quiet Observer on September 2, 2005 01:39 PM
10. Thought all these new (untrained) workers transfering into KC Elections were supposed to ensure things run smoothly...sigh...

Posted by: dl on September 2, 2005 01:43 PM
11. Forwarding mail can be a very tricky, inconsistent thing as hard as that is to imagine.
It would be VERY interesting to VERY closely examine the signatures on all of those questionable "forwarded" ballots. Do you know what I mean??!

Posted by: Mr. Cynical on September 2, 2005 02:13 PM
12. In fact, it would be VERY interesting to get a little phone bank together to actually call the folks that supposedly voted those "forwarded" ballots. Do you know what I mean?

Posted by: Mr. Cynical on September 2, 2005 02:15 PM
13. Do you know if these mistakes were also made in previous elections (from last year back to the Bob Bruce era)? And in other counties? Even if they were longstanding problems and other counties do the same thing, that wouldn't excuse King County today -- someone should check periodically for compliance with the law -- but it would seem less discouraging than if they're new problems. And it would be helpful to have a reality check on Dean Logan's operation.

Posted by: Bruce on September 2, 2005 02:30 PM
14. Where are the feds? The cops? The AG?

Who are we kidding? Nobody is going to do ANYTHING! The libs won this time (and maybe forever....) by admitting malfeasance and graft (in court, no less!!) and were given a pass.

I personally see no point in voting in this county anymore, maybe the state, as well, since a large number of counties are going to mail-in votes, and we know how accurate THEY are.

Does anybody notice that we don't even get to vote on HOW we vote? THAT is also decided for us.

Game, set, match.

I have never been more disgusted with my governmental representatives. (on BOTH sides!)

The revolution can't come soon enough for me.

Posted by: Elmo on September 2, 2005 02:31 PM
15. What a funny way to word the "Oath of Voter".

For instance, why are voters asked to swear that "It is illegal to vote if I am not a United States citizen" instead of "I am a citizen of the United States"?

Posted by: No Thanks on September 2, 2005 02:38 PM
16. Atlas has Shrugged. Why don't Republicans just move? Seriously, Democrats are parasites. Move away from them!!! Let them ["guvment" employees, blacks, union hacks, and welfare parasites] tax each other. Tax PAYERS............Just leave the state!!!!!

Posted by: JCH on September 2, 2005 03:24 PM
17. Warning: slightly off topic...

I once told someone in KCREALS that ballots sent to boarding houses are not forwarded or returned, due to Post Office rules. I asked whether anything was done about that, and was told, "no."

I imagine that there are thousands of improper registrations listed at boarding houses, because mail is never returned to the Elections department.

Posted by: Tim B. on September 2, 2005 03:50 PM
18. Bleu,

The oath doesn't meet the requirements of the WAC because it doesn't give a "clear explanation of the qualifications necessary to vote" in the primary. You can meet all of the affirmations and be voting on the wrong ballot. For example, someone could move to Spokane, vote a King County ballot, and sign the oath without realizing that he or she is not qualified to vote for King County offices. Also there is nothing about calling King County if there are questions about eligibility - only a notice about changing registration.

The other problem is that Logan won't know were forwarded ballots went and won't be able to correct the rolls because he is using the wrong postal endorsement. Many of the same people will be getting general election absentee ballots for the wrong jurisdictions because of his failures.

Posted by: Bob Edelman on September 2, 2005 03:51 PM
19. Based on the way more and more failings of the King county elections staff I certainly do hope that the democrats at least give a huge testimonial dinner for Judge Bridges for all his help. I wonder if he is aware of what really happened then and what has been found since. If so I wonder if he still thinks he made the right decision. I am not a lawyer but the whole basis of his decision made no sense to me at all. The whole concept of it not being fraud unless you can prove that it damaged you is total nonsense. Fraud is fraud and the election testimony at the trial showed it over and over. If that was not enough to overthrow the results and call for a new election, then the prior comment that it is about time to move away from Seattle seems appropriate. Seattle seems almost as bad as the political climate in New Orleans and New Orleans has had a reputation for being crooked as long as I can remember and I am now retired. Apparently the whole city government and county government there has no shame at all.

Posted by: dick on September 2, 2005 04:51 PM
20. Didn't the KCE dept state their main goal this year is to restore the confidence of the voters in the elections process? What the hell is wrong with these people? They are the most incompetent people I've ever heard about. I've worked with some people that were complete idiots and heard some stories about others, but none that were as bad as these guys/gals.

How do they still have a job? I mean seriously.....this can't happen. These people are clueless and we are stuck with them until the current leadership is ousted. I have a young child and I don't want these people deciding issues regarding their future.

Strive for Excellence...not Mediocrity.

Posted by: Dengle on September 2, 2005 04:53 PM
21. Um, Dick, did you read Judge Bridges' decision? He addressed all your points quite clearly.

Posted by: Bruce on September 2, 2005 04:57 PM
22. Changes in election laws were clearly the result of SOMEBODY, auditors or the secretary of state, maneuvering for less accountability for absentee ballots. When absentee voting was infant stage- and most folks went to the polls (in 1995) election laws made it clear that forwarding was anticipated to be a threat. Per RCW 29.36.122:
"In special election by mail...The envelope in which the ballot is mailed must clearly indicate that the ballot is not to be forwarded and is to be returned to the sender with return postage guaranteed."

Also, 1995 RCW 29.36.045 said "the oath...on the envelope shall contain a declaration by the absentee voter RECITING his or her qualifications..." The statement now that "It is illegal to vote if I am not a United States citizen" does not recite the voter's qualifications.

Posted by: curious on September 2, 2005 05:09 PM
23. Changes in election laws were clearly the result of SOMEBODY, auditors or the secretary of state, maneuvering for less accountability for absentee ballots. When absentee voting was infant stage- and most folks went to the polls (in 1995) election laws made it clear that forwarding was anticipated to be a threat. Per RCW 29.36.122:
"In special election by mail...The envelope in which the ballot is mailed must clearly indicate that the ballot is not to be forwarded and is to be returned to the sender with return postage guaranteed."

Also, 1995 RCW 29.36.045 said "the oath...on the envelope shall contain a declaration by the absentee voter RECITING his or her qualifications..." The statement now that "It is illegal to vote if I am not a United States citizen" does not recite the voter's qualifications.

Posted by: curious on September 2, 2005 05:09 PM
24. How can anyone expect a '?man?' with a high school education to run a multi-million dollar office that is totally controlled by 'law' and get it right? It is time for the idiots to be fired and hire qualified help. One of the job qualifications is that person needs to be a senior lawyer and an effective manager so they understand the law and how to effectively implement the law.

Posted by: timman on September 2, 2005 05:22 PM
25. The absentee voter envelope also says "The most effective way to mark your ballot is to completely fill in the oval with a dark pen like this" That wording implies there are other ways to vote. Thus King County can enhance your vote if you did not follow the most effect way to mark a ballot.
What about just stating: The only correct way to mark your ballot is to completely fill in the oval with a dark pen like this:"

Posted by: ed lutz on September 2, 2005 08:59 PM
26. A family member's absentee ballot came today...

It says:
Non Profit Org
US Postage Paid
Seattle,WA
PERMIT NO 1455

Is this how Bob's postage was?

Also - I see : "Forwarding Service Requested" beneath King County's address on the front of the envelope.....
And a line for your phone number with nothing to indicate that it is optional.

Incredible!

Posted by: Deborah on September 2, 2005 10:39 PM
27. KCE incompitency strikes again!Their home traing failed yet again oh well, what else is new.

Posted by: Laurie on September 2, 2005 10:48 PM
28. Correction home training.oops!

Posted by: Laurie on September 2, 2005 10:50 PM
29. Well, when a Democrat voter moves away, they want to make sure they keep getting that vote. What does residency have to do with it?

I'm still getting absentee ballots at my address for someone that has not lived in this house for 4 years and who has not been a resident of Washington State for 2 years.

Posted by: BananaLand (aka Iguana) on September 2, 2005 11:35 PM
30. Way to stay on top of this stuff Shark!

Posted by: MC on September 2, 2005 11:59 PM
31. If the computer system allows for individuals to be double registered........ and sends two ballots to them, does it count both ballots for them?????????????

Posted by: sgmmac on September 3, 2005 02:33 AM
32. No wonder Sims is keeping Logan on at all costs. He's the best election doctor on the planet.

The end justifies the means when a Demcorat needs an election in Seattle.

Posted by: Election Doctor on September 3, 2005 08:36 AM
33. A thought occurred to me as I was putting a stamp on a mail-in ballot. When counties go to all-mail balloting, they are in effect imposing a 37 cent charge on the right to vote, since the votor has to put a stamp on the ballot to return it. If the county required each votor at a polling place to drop a quarter in the hopper as a prerequisite to casting a ballot, the ACLU would be up in arms, and the quarter would probably be ruled an unconstitutional poll tax. I don't see much difference with requiring a stamp on the mail in ballot. Perhaps counties could take a little ofthe money they believe they will save by going to mail in, and use postage paid envelopes.

Posted by: CKing on September 3, 2005 12:27 PM
34. Pierce County also has Absentee Ballot envelopes with the phone number line, located above the date and signature lines under the oath.

In a red outlines box it does say,
"Important: Failure to Sign and Date this envelope may invalidate your ballot."

There is no mention that the phone number is optional or that it would become public record if given.

Posted by: ella on September 4, 2005 08:44 AM
35. Well, someone can do it right! Kitsap county ballots (we're totally vote-by-mail) has the proper indicia, and a Voter Affidavit as well as an explanation of your eligibility. Maybe Mr. Logan should call them hicks from across the sound and speak with Ms. Flynn, to get some help.

Posted by: Okie on September 4, 2005 02:45 PM
36. Take note of this in the upcoming elections. This time the Republicans need to be aggressive and get convicted felons signatures - if the election needs to be contested/ I believe that Stefan will be a key player here and Chris Vance - circle the wagons early and don't give judges in King County the opportunity to affect the outcome, as they managed to in the Governor's debacle. Hopefully, David Irons will win by a large enough margin (>1%) so that illegal votes will not change the outcome - this time !

I would think that with all of the publicity that King County has received - that even some of the leftist pinheads will vote against Sims in November and help elect David Irons.

One can only hope and pray that people will see that in order to rescue King County out of the slimy abyss of corruption, that the first step is to elect David Irons and restore integrity to County Government and get rid of Dean Logan - who should be blamed almost as much as Sims for the so-called culture of incompetence in KCE.

Posted by: KS on September 4, 2005 06:58 PM
37. RE THE POST: " Kitsap county ballots (we're totally vote-by-mail)...Maybe Mr. Logan should call ...Ms. Flynn, to get some help."
THOUGHT I READ ON THIS SITE SOMEWHERE THAT LOGAN'S WIFE IS KAREN FLYYN'S ASSISTANT AUDITOR?


Posted by: cur on September 5, 2005 09:27 AM
38. Yes, cur, you are correct about Okie's comment:

To discuss Kitsap County's procedures, all Logan would have to do is wake up at 6am and turn on his pillow and ask a question, as his WIFE is deputy Auditor for Kitsap (a job Logan arranged for her).

If Kitsap got it right this time (there's a lot they get wrong, as well), then that's another indicator that Logan has some serious management and leadership defeciencies. If he knows what the endorsement indicia should be and never communicated that to his staff, or if he did communicate it, but never followed through with supervision to ensure it was done correctly, then he is personally responsible.

Posted by: Observer on September 5, 2005 11:11 AM
39. I remember that Logan himself used to work in the Kitsap auditor's office under Karen Flynn.

Posted by: cur on September 5, 2005 01:47 PM
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