November 14, 2006
Today's canvassing board meeting

KOMO-TV reports on today's meeting of the King County Canvassing Board. The main issue was the 116 bags containing roughly 15,000 absentee ballots which were dropped off at polling places on Election Day. The bags were improperly sealed, in some cases because of overstuffing, and required canvassing board review before the ballots could be counted. These represented 20% of all polling place ballot bags. Elections staff acknowledged today that they've known these problems have been similarly frequent in recent years, yet they had neither disclosed the problems nor corrected the procedures. Details and photos follow:

A list of the bags in question, with polling places and problems is here.

The bags are supposed to contain a transmittal sheet, indicating the polling place, the number of ballots in the bag and signed by the inspector and a poll judge. The bag is to be sealed with a numbered seal and delivered to a regional depot by the inspector along with the regular and provisional ballots, poll books and other materials. The reason for the procedure is to ensure that there is an official chain of custody from the polling place to the elections processing center, and that no absentee ballots can be added after the polls close and that none of the dropped off ballots can be removed. State administrative rules require the canvassing board to receive a report on any broken or improper seals. All but one of the bags was turned in on election night. There is no indication that any ballots were added late or that any ballots were removed, however given the gaps in procedure, those possibilities cannot be eliminated. The ballots appear to be all sealed in the outer envelopes. The affected bags are from different parts of the county. The numbers on the list suggest that the total number of ballots is closer to 15,000 than the 20,000 originally reported. Fortunately, there don't seem to be any races that were close enough for these ballots to make a difference in the outcome.

The consensus of the canvassing board was that the ballots should be accepted provided that a proper chain of custody, demonstrated by properly signed transmittal sheet, is established and that the bags were returned on time, which would be most of the bags. In other cases, the election staff were directed to investigate further. There was little inclination to reject a bag, unless there was a reasonable possibility that ballots might have been added after the polls closed.

Everybody in the room, including members of the canvassing board were astonished to learn that the failure rate was so high (1 in 5 such bags) and that this not very unusual, it was just somewhat more pronounced this year with the large number of dropped-off ballots. Elections officials have been telling voters to sign up to receive ballots by mail and to drop them off at polling places. They could at least have given the polling places larger or multiple mail ballot bags.


This year's canvassing board. (l-r) Councilmember Julia Patterson, Interim Elections Director Jim Buck (Jimron), Prosecuting Attorney Chief of Staff Dan Satterberg.


Garth Fell, Assistant Superintendent of Ballot Processing and Delivery, shows a bag that had been overstuffed. It was unsealed, but taped partially shut.


detail of the above bag


This block of ballots was not placed into a bag at all, but was placed into a plastic bag and securely taped with a different kind of seal.


Although all of the other bags were delivered to Elections staff on election night, the poll inspector responsible for this bag claimed that it was overlooked when he returned the polling place materials to the depot. He delivered the bag to the Elections Annex the next day after it had spent the night in the trunk of his car.


close-up: curiously, the original seal number had been scratched off of the transmittal form and a different number was written in.


This bunch of ballots was not contained in a standard issue blue bag. It arrived in a plastic bag, and I believe without the transmittal sheet or any other information to identify the originating polling place.


Councilmember Patterson was displeased about the high number of improperly sealed ballot bags. She was even more surprised to learn that this was a known problem that hadn't been corrected. This is the first time that I can recall seeing her express strong criticism of the Elections office. She introduced a motion for a written statement from the Canvassing Board to the Elections office to analyze and correct this problem with revised procedures and improved training. Her motion passed unanimously.

The Canvassing Board moved on to the next item, review of questionable ballots.

This is one of several ballots that were rejected on the grounds that the voter signed it (this is according to state law; I can't find the reference to the specific statute or rule).

Next, there were "voter intent" determinations. The board is now following the Secretary of State's new guidelines. I wasn't able to stay for very much of this, but did catch this ballot.

[click photo for a view of the entire ballot]. This voter completely filled in the ovals on 12 races involving humans and marked his choices in all of the initiatives/referenda with an 'x'. All of the filled-in ovals were counted. The question was what to do with the 'x's. The board members agreed that it was clear to them that the voter intended to mark his choice with an 'x', but legally ruled them to be undervotes, to confrom with p. 6 of the Secretary of State's guidelines.

Posted by Stefan Sharkansky at November 14, 2006 11:52 PM | Email This
Comments
1. Having ran into poll workers who have instructed my parents to put completed ballots into the provisional slot for no reason, I have no trouble believing the 1/5 fail rates.

That having been said, would it be unreasonable to assume that King County is probably not the only county with this issue? I can only imagine that counties with larger precincts, such as Kitsap and Pierce, had not dissimilar "bag problems." I hope they will learn King's lesson, if they did.

Posted by: Alcon Nighthawk on November 15, 2006 01:43 AM
2. If this was evidence in a murder trial the evidence would be excluded because the chain of custody, and evidence handling procedures violated.

Is the confidence in our electoral system and consequently confidence that our government is legitimately elected with the consent of the governed any less important?

Posted by: JCM on November 15, 2006 08:12 AM
3. JCM - Chappaquiddick and electoral system are equally important. It just depends on the perp!

Posted by: Right said Fred on November 15, 2006 08:39 AM
4. Re: comment #1 - if your parents brought completed absentee ballots to the polls, the poll worker correctly had them put those ballots in the side slot of the machine where provisional ballots also go. If your parents filled out the ballot at the poll and either under/overvoted their ballot and declined to fill out a new ballot, the poll worker correctly had them place the ballot in the side slot as well. Poll workers can no longer override the accuvote machine to have it accept under/over voted ballots as in the past.

Posted by: dr. ufo koska on November 15, 2006 08:41 AM
5. Stefan's report was enlightening. It seems like the Canvassing board was more contrite and willing to look for solutions to the obvious problems. That's a step in the right direction. Under Logan, nothing was ever acknowledged. It's incredible that they did not have some kind of system in place to handle overages. In any given polling place the machines could malfunction, or they might run out of ballots, or the blue bags, etc. Seems like there should have been regional restocking centers throughout the county. Perhaps at the most central polling locations. Then, if a particular location was out of bags, or other supplies, they could be dispatched form the nearest center.

I'm guessing that all of this was sort of by design. What better way than to move towards all mail voting than to have a series of public, yet not disastrous overages that make individual polling place workers and the distribution system look bad. Then Ron Sims can say that the blue ribbon panel examined the issues and found that the best solution is all-mail-voting. And away we go.

That King County is such a large metropolitan area and yet one of the slower and more problematic election handlers in the nation is indicative. But then, what can we expect from a city that's willing to dump a quarter million bucks to come up with a slogan like Metronatural.

Posted by: Jeff B. on November 15, 2006 09:52 AM
6. That Secretary of State report is very useful. I certainly didn't know that if I want to correct a mistake I made filling out a ballot, I need to make my intent clear in writing. See eg pg 24 and 25 of the pdf. This makes sense, after all, given two circles and an X, do I mean to pick the one with the X or cross it out?

Posted by: Peter Carlin on November 15, 2006 12:43 PM
7. For years now I have trusted the internet to do all my banking, handle my brokarage accounts, and pretty much run my life. If I trust the internet with my money, I sure as heck would trust it with my vote. Why can't one of Micro Bill's people come up with a fool proof way to vote via the internet? Am I missing something here? Has it been tried and failed? Let's put our head together on this one.

Posted by: the duke on November 15, 2006 12:57 PM
8. And I almost forgot, nice job Stefan on the reporting, you are almost ready for the PI. WA HA HA I am so darn funny.

Just joking, it really is a good report, why can't we find people to write like this for our city's papers.

Posted by: the duke on November 15, 2006 01:01 PM
9. Being a poll worker at the Redmond Jr. High I know exactly what happened this election with the absentee bags.

#1. This was the first election where the absentee votes had their own separate bag, previously, all absentee's were put into the large black bag.

#2. This was also the first election where you counted the number of absentee votes.

#3. The bag given to hold the absentee votes was SERIOUSLY inadequate, and they should have known it. In fact we had fewer absentee votes than the general election last year, however those tiny bags would only hold about 1/2 of what we had this year. I'd say the bags could hold 40-50 absentee envelopes safely and each general election we get well over a hundred.

#4. The inspector just wanted me to put all the absentee envelopes in a zip-lock bag and that was it. I insisted in putting a blue seal tape across the zip-lock bag so it was at least minimally secured.

#5. I was an AVU judge, so was not invited to the general judge training, if I had been able to do so, and found out that they were going to separately bag the absentee votes, I would have pointed out that they need a BIG bag to hold them all.

Thanks!
Greg

Posted by: Greg on November 15, 2006 02:29 PM
10. #4 - The ballots were filled out in the polling place; they were not absentees, and it was the same man who had signed us in. I have no faith in the education level of pollworkers.

Posted by: Alcon Nighthawk on November 15, 2006 03:19 PM
11. KC Elections: Vote early and often!

Posted by: Jack Burton on November 15, 2006 05:06 PM
12. At the risk of sounding ageistic: Has any considered that the vintage of the average pollworker might have something to do with the confusion that often occurs at the polling places?

Posted by: Organization Man on November 15, 2006 07:09 PM
13. They rejected a ballot with all the D's marked?

Really?

That must have hurt!

Posted by: GS on November 15, 2006 08:45 PM
14. The votes for people counted, it was just the ones that were marked with 'x' that were counted as undervotes.

Posted by: mark on November 15, 2006 11:07 PM
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