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HomeMy WebLinkAboutRES 170 Draft 02 2010-2012COUNTY OF HAWAII STATE OF HAWAII RESOLUTION NO. 170 11 ( DRAFT 2 ) A RESOLUTION REQUESTING THE LEGISLATURE OF THE STATE OF HAWAII TO ENACT A BILL TO ESTABLISH A PILOT PROGRAM FOR VOTE BY MAIL FOR ALL FEDERAL, STATE, AND COUNTY PRIMARY, GENERAL, AND SPECIAL ELECTIONS IN THE COUNTY OF HAWAII, AND TO MAKE AN APPROPRIATION FOR THIS PILOT PROGRAM. WHEREAS, in Hawai`i County, the percentage of registered voters participating in the Primary Election dropped from a high of 73.4% in 1990 to 39.5% in 2010, and the percentage of registered voters participating in the General Election dropped from a high of 84.7% in 1992 to 53.3% in 2010; and WHEREAS, the number of absentee ballots, which are a combination of mail -in and walk -in ballots, cast in Hawai`i County Primary Elections, have increased from 9.8% of the total vote in 1988 to 40.8% in 2010. The number of absentee ballots cast in Hawai`i County General Elections have increased from 9.3% of the total vote in 1988 to 37.4% in 2010; and WHEREAS, Oregon has had Vote By Mail elections since 1998. The 2004 Oregon election was one of the most contentious and closely scrutinized elections in Oregon history, and proved to be efficient and voter friendly. That year, Oregon had the third highest voter turnout in the nation at 86.48% of registered voters. Of the five states with the highest voter turnout in 2004, Oregon was the only state without same -day voter registration. In 2008, Oregon achieved 85.7% voter turnout; and WHEREAS, Vote By Mail is convenient. When this pilot program is implemented, voters will not have to stand in lines at the polls, take time off from work, drive in bad weather to precincts, or wait for their turn at a limited number of polling booths, and an illness or personal emergency on Election Day will not keep them from voting; and WHEREAS, voter fraud can be protected against by utilizing a Vote By Mail program similar to the one used in Oregon, where every voter signature is verified to ensure that the voter is who they claim to be; and WHEREAS, Vote By Mail improves voter roll accuracy because ballots mailed to intended recipients who no longer receive mail at their registered address will not have their ballot forwarded. The ballot will be returned to the county office of elections where the office of elections can contact the voter or the voter rolls can then be purged of inaccurate mail listings; and WHEREAS, Vote By Mail improves uniformity because there is centralized supervision of ballot processing in the county office of elections, rather than in dispersed polling places. This maintains uniformity and strict compliance with law; and WHEREAS, Vote By Mail promotes voter confidence by providing a paper trail where the accuracy and fairness of election results are provable, and the ballots can be recounted, by hand if necessary, to prove to voters that each and every vote was properly counted; and WHEREAS, Vote By Mail may cost up to one -third less than polling place elections for the County of Hawai`i, due to the decrease in cost of training and employment of officials for 48 precincts; and WHEREAS, Vote By Mail increases voter participation in small local elections. Voter turnout increases when voters are provided with an easy and convenient way to vote; and WHEREAS, "Get Out the Vote" activities may be conducted several weeks prior to the election and voters are reminded to mail their ballot well ahead of the election deadline; and WHEREAS, Vote By Mail increases the likelihood of informed voting because voters perform research and think about their voting choices while sitting at home with their Voters' Pamphlet and any other information that they want to use to make reasoned decisions; now, therefore BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that the Legislature of the State of Hawai`i is requested to create a pilot program for all federal, state, and county primary, general, and special elections based on the current State of Oregon Vote By Mail program as the exclusive method for casting ballots in the County of Hawai`i beginning with the 2014 Primary election and all other elections in the year 2014, all elections in 2016, and continuing through all elections including the General Election in 2018, if feasible, or as soon as 2 possible thereafter. This provides three full election cycles in which to determine the advantages of Vote By Mail in the County of Hawai`i. BE IT FURTHER RESOLVED that the Hawai`i State Legislature is requested to appropriate the necessary funds to sustain this pilot program for its duration. BE IT FURTHER RESOLVED that the Legislature is encouraged to review the proposed legislative bill marked as Exhibit "A ", Justification Sheet marked as Exhibit "B ", a copy of the current State of Oregon "Vote By Mail Procedures Manual" marked as Exhibit "C ", "Frequently Asked Questions" marked as Exhibit "D ", and County of Hawai`i Absentee Ballot Statistics marked as Exhibit "E" attached to this resolution. BE IT FINALLY RESOLVED that the County Clerk shall forward copies of this Resolution to the Mayor of the County of Hawai`i, to the President of the Hawai` i State Senate, and to the Speaker of the State House of Representatives, and to the Chief Election Officer for the State of Hawai`i. Dated at Kona , Hawai`i, this 19th day of October , 2011. INTRODUCED BY: Ae-H-44— COUNCIL MEMBER, COUNTY OF HAWAII COUNTY COUNCIL County of Hawai`i Hilo, Hawai`i I hereby certify that the foregoing RESOLUTION was by the vote indicated to the right hereof adopted by the COUNCIL of the county of I lawai'i on October 19, 2011 Al 'VLSI': 'OUNTY CLERK CHAIRPERSON & PRESIDI 0 ICER 3 ROLL CALL VOTE Reference: RESOLUTION NO. C- 390.2/GRC -7 173 11 (DRAFT 2) AYES NOES ABS EX BLAS X FORD X HOFFMANN X IKEDA X ONISHI X PILAGO X SMART X YAGONG X YOSHIMOTO X 6 2 1 0 Reference: RESOLUTION NO. C- 390.2/GRC -7 173 11 (DRAFT 2) EXHIBIT A .B. NO. A BILL FOR AN ACT BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII: RELATING TO VOTING. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII: SECTION 1. In the 2004 presidential election, 19,117 (21.8 %) voters cast absentee ballots in Hawai`i County. In the 2008 presidential election, a record number of voters cast absentee ballots (29.1 %) in Hawai`i County. This trend demonstrates that more voters are finding Vote By Mail to be an easier option than voting at the polls on the day of the election. Other states, such as Oregon (entire state) and Colorado (37 of 39 counties), have used Vote By Mail as the exclusive method for casting ballots. From their experience with Vote By Mail, these states have found that: (a) Vote By Mail increases voter participation because it makes it easier for people to vote; and (b) Vote By Mail increases voter convenience because weather, natural disasters, driving, cost of gasoline, work, child care, illness, and long lines are no longer an issue; and (c) Vote By Mail increases confidence in the accuracy and fairness of election results because there is as a paper ballot that is verifiable and may be audited; and (d) Vote By Mail reduces fears of fraud because the county office of elections will verify the signature of every voter before the ballot is opened or counted, and Vote By Mail improves accuracy in the general county register because mailed ballots are not forwarded by the post office but are returned to the county office of elections; therefore, the general county register is kept accurately without the risk of inappropriate purges; and (0 Vote By Mail maintains uniformity because centralized supervision of ballot processing in strict compliance with the law; and Vote By Mail allows voters to keep their ballots for a longer period of time to study their choices and to research their questions before casting their votes; and (e) (g) Reso 170 Draft 2.doc Page 2 .B. NO. (h) Vote By Mail is cost effective because there is a reduced number of precinct officials, less training of precinct officials and captains, and lower lease costs for expensive electronic equipment. The purpose of this Act is to establish a Vote By Mail pilot program in the County of Hawai`i to be utilized as the exclusive means of casting a ballot for a federal, state, and county primary, general, or special election. SECTION 2. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows: "§ Vote By Mail -1 Definitions. As used in this chapter, unless the context clearly requires otherwise: "Ballot" shall have the same meaning as defined in HRS section 11 -1. "Ballot package" means a non - forwardable, mailed package containing: an official ballot, a return identification envelope, a secrecy envelope, a Voters' Pamphlet, instructions on Vote By Mail and any other information that the county office of elections official deems appropriate. "Chief election officer" means the individual defined in HRS section 11 -1. "County" shall have the same meaning as defined in HRS section 11 -1. "Dropsite" means a location where a ballot may be returned in person without postage. "Election" shall have the same meaning as defined in HRS section 11 -1. "Official observer" means an individual designated by the chief elections officer of the state or the county clerk to observe the election process in the counting center. "Vote By Mail" means an election conducted exclusively by mail. "Voter" shall have the same meaning as defined in HRS section 11 -1. "Voters' Pamphlet" means a printed insert provided by the county clerk that contains a concise, impartial explanation of each question or ballot measure and its major effects and a single, concise pro and con statement of less than 250 words each. Candidates for elected office are not included in the Voters' Pamphlet. -2 Vote By Mail; determination. (a) A Vote By Mail election shall be conducted by the chief election officer as a pilot project for all federal, state, and county primary, general, and special elections based on the State of Oregon Vote By Mail program for the County of Hawai`i as the exclusive method for casting ballots in the County of Hawai`i beginning with the 2010 Primary election and all other elections in the year 2010, all elections in 2012, and continuing through all elections including the General Election in 2014. (b) The chief election officer shall provide notice pursuant to HRS section 1 -28.5 no later than sixty days before the election in two daily newspapers in the County of Hawai`i, that a vote By Bill for an ACT Re Voting Page 3 .B. NO. mail election shall be conducted and the only precincts open on the day of the election shall be the multiple county offices of elections sites. There shall be a dropsite at all of the county office of elections and a minimum of additional dropsites throughout the county to equal one dropsite for approximately 20,000 registered voters. (The total number of dropsites, including the offices of elections, shall be the approximate number of registered voters divided by 20,000.) This information shall also be published and mailed to each voter with the ballot package. (c) The Direct Record Electronic voting machines will be located at the offices of elections sites for use by voters meeting requirements under the Help America Vote Act (HAVA). -3 Procedures for conducting Vote By Mail. (a) Except as provided in subsections (b) and (c), the county clerk shall mail by nonforwardable mail to each registered voter between thirty - five days and twenty -one days before the date of the election: (1) An official ballot; (2) A return identification envelope that shall be printed with the monetary amount of postage to be applied to the envelope by the voter and a message: "To return ballot by mail, voter must apply $ . postage." (A) a bar code containing sufficient voter information from the general county register to identify that voter without opening the envelope. This will allow the county office of elections to match the voter to the general county register and verify that the signature of the voter is authentic; (B) A signature box on the return identification envelope; a written warning near the signature box on the return identification envelope stating: "WARNING'! Signing another person's signature to this envelope is class C felony ", and an affirmation declaration: "I hereby affirm that I am the registered voter whose name is on the envelope. I am a resident of the precinct and representative district as indicated on the envelope. I am entitled to vote. I understand that signing another person's signature is a class C felony." (3) A secrecy envelope; (4) An instruction sheet on how to complete Vote By Mail that includes the instruction that the ballot must be returned to a designated dropsite or a county office of elections by 6:00 p.m. on election day or the ballot will not be counted; and (5) A voters' pamphlet that is a printed insert provided by the county clerk that contains a summary of each ballot question or measure, a concise, impartial explanation of each question or ballot measure and its major effects and a single, concise -pro and con statement of less than 250 words each ballot question or measure to be voted on. (b) If the county clerk determines that a voter does not receive daily mail service from the United States Postal Service, the county clerk shall mail by another nonforwardable mail service the same ballot package described in section _ -3 above to each registered voter between thirty - five and twenty -one days before the date of the election. Bill for an ACT Re Voting Page 4 .B. NO. (c) If the voter requests a ballot be mailed outside of the State, the county clerk shall mail by nonforwardable mail the same ballot package described in section -3 above to each registered voter between thirty -five and twenty -one days before the election. (d) Upon receipt of a ballot by mail, the voter may: (1) Mark the ballot; (2) Sign the return identification envelope supplied with the ballot; and (3) Comply with the instructions provided with the ballot. (e) The voter may return the marked ballot to the county office of elections by United States Postal Service or by depositing the ballot at any dropsite designated by the county clerk. All postage for ballots returned by the United States Postal Service shall be provided by the voter. -4 Voters' Pamphlet. (a) A voters' pamphlet is a printed insert provided by the county clerk that contains a summary or each ballot question or measure, a concise, impartial explanation each question or ballot measure and its major effects. A single, concise pro and con statement of 250 or fewer words each on the ballot question or measure to be voted on. (b) The pro statement shall be provided by a person, organization, council member, state, or group that initiates the ballot question or measure containing a single, concise pro statement of 250 or fewer words. Only one pro statement shall be allowed in the voters' pamphlet. (c) The con statement may be written by a person, organization, council member, state, or group that opposes the ballot question or measure containing a single, concise con statement of 250 or fewer words. (1) If no one chooses to write a con statement, the voters' pamphlet may be printed with the statement that "No con statement was provided" for that particular question or measure. (2) A maximum of one con statement shall be allowed in the voters' pamphlet. (3) If multiple con statements are received by the county clerk by the deadline established by the county clerk, the prosecuting attorney for the County of Hawai`i shall select three people to choose the single con statement that will be used in the voters' pamphlet. (d) No statement regarding a candidate for elected office shall be included in the voters' pamphlet. -5 Public notice of mailing. Public notice of the date or dates that ballot packages are mailed, delivered, and made available shall be given by the chief election officer and all county election offices when all ballot packages have been mailed, delivered, and made available to voters. Notice shall be published in a minimum of two daily newspapers in the County of Hawaii on the twenty- eighth and twenty -first day prior to the day of election. Bill for an ACT Re Voting Page 5 .B. NO. -6 Undeliverable ballot packages. (a) Ballot packages that are mailed or delivered shall not be forwardable or deliverable beyond the address of the voter as shown in the general county register established and maintained by the county clerk. (b) A ballot package that is mailed or delivered and is determined to be undeliverable by mail or other means to the voter at the address shown in the register that is established and maintained by the clerk of a county because of the death of the voter, refusal of any person living at that address, or because the voter moved and is no longer residing at that address shall be returned to the county clerk who initiated the mailing. (c) If a voter has moved, the county clerk shall mail, deliver, or make available the ballot package to the voter after the voter has provided their new address. -7 Help America Vote Act. Each county office of elections shall have Direct Record Electronic voting machine to assist those voters qualifying under the Help America Vote Act. -8 Replacement ballots. (a) For Vote By Mail, a voter may obtain a replacement ballot from the county clerk if their ballot is destroyed, spoiled, lost, or not received by completing and signing a replacement ballot request form. The request for a replacement ballot may be made by mail, in person, or by other means designated by the chief election officer according to the procedures provided by the rules adopted by the chief election officer pursuant to chapter 91. (b) Upon receipt of a request for a replacement ballot, the county clerk or a designee appointed by the county clerk shall: (1) The registration of the voter shall be verified and the database checked to ensure that another ballot has not been returned by the voter; (2) The original ballot shall be invalidated before the replacement ballot is issued. (3) A notation will be made in the database that the voter has requested a replacement ballot; (4) The return identification envelope shall be marked so that it may be identified as a replacement ballot; and (5) A replacement ballot will be issued. (6) Upon receipt of a voted replacement ballot, the county clerk or a designated appointee shall verify that a completed and signed replacement ballot request form has been received by the county clerk or is included with the voted replacement ballot. If a request form has been completed and signed by the voter and received by the county clerk, the county clerk or a designated appointee shall process the ballot. If the replacement ballot request form is not completed or signed by the voter or not received by the county clerk, the county clerk or a designated appointee shall not process the ballot. -9 Verification of signatures. (a) Verification of signatures may begin immediately from the time that ballots are mailed to registered voters. Bill for an ACT Re Voting Page 6 .B. NO. (b) Signature verification may be made electronically, visually, or by both methods. (c) When a ballot has been returned by the voter and the signature is validated, the ballot is accepted. The ballot is included in the database for the election. If the return identification ballot envelope is unsigned and is returned to the voter for signature. The ballot is not received until the signed envelope is returned. (d) Automated reports and computer programs may be used for the master list and logs tracking reissued, replacement, and challenged ballots. (e) Reissued and replacement ballots must be identified to ensure only the correct ballot is being counted. (f) Challenged ballots must be processed separately. (g) Check for valid signatures. (1) Compare voter's signature on the return ballot identification envelope to the signature on the voter's registration affidavit. (2) If the signature verification clerk is able to determine that the same person signed the return identification ballot envelope and the voter registration affidavit, the ballot may be processed. (3) If the signature does not match the voter registration affidavit and if it appears that another individual has signed for the registered voter on the ballot identification envelope, the ballot is invalidated. -10 Counting of ballots. (a) For Vote By Mail, the method of preparation for counting ballots may begin at any time before the day of election. Preparation may include removal of the outer, return identification envelope, sorting by precinct, etc. The preparation shall not include removal of the secrecy envelope until seven days prior to the day of election. (b) There shall be provision made to allow for attendance by official observers during all ballot processes. The county office of elections official will determine the number of official observers based on space and staff availability. One official observer may be selected from each qualified political party and other civic - minded groups as allowed by HRS statutes. (c) In the presence of official observers, counting center employees may start to count the ballots on the day of the election. All handling and counting of the mailed -in ballots shall be according to the procedures provided by the rules adopted by the chief election officer pursuant to chapter 91 (d) A mailed ballot shall be counted only if: (1) It reaches an official dropsite by 6:00 p.m. on the day of election to be transported to the county clerk or counting center employees; (2) It is received by mail by the county clerk not later than 6:00 p.m. or transport from a designated dropsite where the ballot was received on the day of the election. The Bill for an ACT Re Voting Page 7 .B. NO. refusal to receive ballots after 6:00 p.m. on the day of the election or tally the ballots may only be suspended with prior approval of the chief elections officer in an emergency situation; (3) It is received in the return identification envelope; (4) The return identification envelope is signed by the voter to whom the ballot is issued and verified according to the procedures provided by the rules adopted by the chief election officer pursuant to chapter 91. A faxed or emailed signature shall not be accepted for an unsigned return identification envelope; and (5) The signature of the voter is verified pursuant to section _ - 8. -11 Contests for cause. (a) A contest for cause may be filed with respect to any election per HRS section 11 -172. (b) Contests for cause in primary, special primary elections, and county elections shall follow procedures described in HRS section 11- 173.5. (c) Contests for cause in general, special general, special, and runoff elections shall follow procedures described in HRS section 11- 174.5. -12 Certification of the election. Pursuant to HRS section 11 -155, 11- 173.5, and 11- 174.5, certification of the election by the county clerk shall occur after the expiration of the time for bringing an election contest or the resolution of such an election contest. In the County of Hawai`i, certification of an election shall occur within ten (10) days after the later of either of the two aforementioned events. -13 Elections Fraud and Voter Fraud (a) Elections fraud as described in HRS section 19 -3, Election Frauds is prosecutable as a class C felony. (b) Voter fraud as described in HRS section 19 -3.5 is a class C felony." SECTION 3. Section 11 -91.5, Hawaii Revised Statutes, is amended by adding subsection (e) to read as follows: " §11 -91.5 Federal, state, and county elections by mail. (a) Any federal, state, or county election held other than on the date of a regularly scheduled primary or general election may be conducted by mail. (b) The chief election officer shall determine whether a federal or state election, other than a regularly scheduled primary or general election, may be conducted by mail or at polling places. Bill for an ACT Re Voting Page 8 .B. NO. (c) The county clerk shall determine whether a county election, held other than on the date of a regularly scheduled primary or general election, may be conducted by mail or at polling places. An election by mail in the county shall be under the supervision of the county clerk. (d) The chief election officer shall adopt rules pursuant to chapter 91 to provide for uniformity in the conduct of federal, state, and county elections by mail. [L 2003, c 37, §1] (e) Any federal, state, county or special election in the County of Hawai`i may be conducted by mail as provided in chapter ." SECTION 4. There is appropriated out of the general revenues of the County of Hawai`i the sum of $ , or so much thereof as may be necessary for fiscal years 2014 -2015, 2016- 2017, and 2018 -2019 for the purpose of implementing and administering the Vote By Mail pilot program in the County of Hawai`i. SECTION 5. The sum appropriated shall be expended by the department of accounting and general services for the purposes of this Act. SECTION 6. This Act shall take effect on July 1, 2012. SECTION 7. New statutory material in Section 3 of this Act is underscored. INTRODUCED BY: Bill for an ACT Re Voting EXHIBIT B JUSTIFICATION SHEET PROPOSER: COUNCIL OF THE COUNTY OF HAWAI`I TITLE: RELATING TO VOTING; A PILOT PROGRAM FOR VOTE BY MAIL IN THE COUNTY OFHAWAI`I PURPOSE: To save time and money on federal, state, and county primary, general, and special elections by introducing a statewide pilot program for vote by mail for three election cycles, and provide funding for the program. This program is based on the successful Oregon State Vote By Mail program. MEANS: Create a new chapter for Vote By Mail in the Hawai`i Revised Statutes. Vote by Mail procedure t lanual Bill Bradbury Secretary of State s of Co n y Clerks EXHIBIT C Notice The Vote by Mail Procedures Manual and associated forms are adopted by Oregon Administrative Rule No. 165 - 007 -0030. The Vote by Mail Procedures Manual was revised February 2008. 7 17 27 31 35 41 47 53 57 65 71 75 87 93 97 103 107 109 113 115 117 119 121 125 127 129 131 Observers Election Personnel, Facility Management and Supplies Voter Registration Printing Preparation Ballot Mailing Preparation Ballot Preparation /Issuing Ballots Ballot Mailing and Post Office Coordination Official Ballot Dropsites, Privacy Booths and Voting Assistance Security Reception, Signature Verification and Sorting Special Ballot Handling: Challenged and Provisional Ballots Opening Return Identification Ballot Envelopes Ballot Inspection Process Ballot Counting Ballot Storage Glossary Acronyms Appendix 1: Sample Election Observer Rules Appendix 2: Sample Oregon County Security Plan Appendix 3: Sample Replacement Ballot Return Envelope, Specially Printed Appendix 4: Sample Replacement Ballot Return Envelope, Rubber Stamp Appendix 5: Sample Vote by Mail Challenge Form Appendix 6: Sample Provisional Ballot Return Envelope Appendix 7: Sample Dropsite Security Plan Appendix 8: Sample Signature Verification Problems Appendix 9: Sample Notice of Rejected Ballot Appendix 10: Sample Presidential Only Ballot Request Form Appendix 11: Sample HAVA Voter Registration Identification Letter Appendix 12a —d: Sample Voter Registration Inquiry Letters Ongoing Provision is made to allow for attendance by observers during all ballot processes. Members of the public may observe all ballot processes. The County Elections Official will determine the number of observers based on space and staff availability. The Election Official may conduct tours and /or access to the public for educational and /or media purposes, not classified as official observers. See Appendix 1 for Sample Observer Rules. Before the filing deadline Before the filing deadline Analyze space needs. If mailing preparation is done in- house, space for assembling the voters' packets will need to be considered. Depending on the size of ballot and number of extra materials, mail trays will hold approximately 250 ballot packets using a size #11 outgoing envelope. Various teams could be set up to help control the flow of materials and expedite the overall procedures: - Control Team - Labeling Team -> Packet Assembly Team - Support Team Sort Team If inserting is performed at a mailing service, extra space may not be as critical. Space will be required for sorting undeliverable ballots, since they should be reviewed immediately. Space will be required for processing voted ballots: -4 signature verification - precincting -> problem ballots - opening envelopes ->dropsite returns Equipment setup may require extra space, including space for a minimum of 3 voting booths. Storage space: master list of electors (return identification ballot envelopes a.k.a. poll book) must be retained for 2 years or 90 days if not a Federal election. ORS 254.535 Analyze staffing needs. If the election mailing preparations are to be done in- house, supervisors should be regular staff, free to float, whose only duty is to oversee the process. If preparations are to be done at a mailing house service, on -site supervision will be required. Peak periods may require either more personnel or staggered shifts (if space and /or equipment are not available or are being used to fullest capacity). Before the filing deadline NIT the 30th jay- before the election Analyze equipment needs (may affect space needs). Consider potential bottlenecks and solutions, such as: - ability to run data exports /labels for mailing companies - software that provides CASS certification (postnet barcode) -4insertion,folding and sealing machines - printer - postage meter -> automatic letter opener -> signature verification process and staffing - sorting (alpha and by precincts) Tally system maintenance. The County Elections Official: -)Shall obtain a copy of the written instructions for the operation and maintenance of any component of a vote tally system from the vendor. Components include: Computer network Computer program Computer software and Computer system ORS 246.565 - 3Shall keep a log of all maintenance performed on any component of the vote tally system after component is purchased and installed. Analyze supply needs. Paper clips, rubber stamps, envelopes, etc. Establish official dropsites for ballot deposit. See "Official Ballot Dropsites" on page 47. before e In addition to regular staff, appoint needed persons to serve as elections personnel. Immediately after the appointment of elections personnel for the process of counting ballots the County Elections Official shall: - prepare a list of any persons that will participate in the ballot counting process (opening envelopes, preparing ballots for counting and counting ballots); the list should include the person's party affiliation and be updated as needed make the list available for public inspection in the office upon request - administer an oath to such personnel - allow for objections or suggestions regarding personnel hired Confirm personnel are not relatives, defined as a spouse, child, son -in -law, daughter -in -law, parent, mother -in -law, father -in -law, sibling, brother -in -law, sister -in -law, aunt, uncle, niece, nephew, stepparent or stepchild, of a candidate on the ballot at the particular election. Ongoing Process voter registrations, voter updates and automatic voter address updating. Voter registration requirements are set out in ORS 247. Date stamp cards on the date received on the top right -hand side of the registration card. Transfer between counties within 5 days. If a residence or mailing address update only, card does not need to be signed if within the same county. (Automatically update of absentee address if voter carries a home address as absentee address.) If you carry an absentee database with same address in more than one place, update both. Track and sort for changes and duplicate ballots beginning when Vote by Mail (VBM) labels are printed. Track and sort for qualifications beginning on the registration cut - off —the 21st day before the election. Routine voter file maintenance should be done throughout the year. HAVA requires that new registrants in the state of Oregon must provide identifying information to register to vote. If the registrant has a current, valid Oregon DMV /ID number, they must provide that number. If they do not have a current, valid Oregon DMV /ID number, they must provide the last four digits of their Social Security number. If they do not have a current, valid Oregon DMV /ID number or a Social Security number they must affirm this by attesting to this on the voter registration card. In addition, if the registrant does not have a current, valid Oregon DMV /ID number or a Social Security number and they are registering by mail, they must affirm this on the voter registration card and they must provide a copy of one of the following: -valid photo identification -*a paycheck stub -tea utility bill -a bank statement -tea government document -4 proof of eligibility under the Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA) or the Voting Accessibility for the Elderly and Handicapped Act (VAEH) See Appendix 11. Ongoing Ensure that effective date of registration is accurate. Ongoing Effective date of registration is the date a completed voter registration card was received (date stamped) by a County Elections Office, Secretary of State's office or a state agency receiving the card. However, to vote in an election a person's registration card must be postmarked not later than the 21st day immediately preceding the election. ORS 247.012 (3)(b) ORS 247.012(3)(c) states the following regarding the effective date: In the case of a registration card missing a date of birth, containing incomplete date of birth or containing an unintentional scrivener's error that is supplied or corrected, on the date that registration would have occurred if the registration card had not been missing the date of birth, contained an incomplete date of birth or contained the scrivener's error, if the missing infor- mation is obtained or the error corrected. In the case of a registration card missing the answer to the question "Are you a citizen of the United States of America?" attempt to contact or send a notification to the voter to come in to complete or fill out a new registration card by Election Day and prior to issuing a ballot. In the case of a currently registered voter active or inactive this minimum requirement does not apply. Process for D tern ini g Voter Eligibility as it Pertains to Residential Address ---New Req st °ations or Updates • When registration card is first received in the office, the County Elections Official must determine qualifications. Oregon law states that a person's residence must be the place in which habitation is fixed and to which, when the person is absent, the person intends to return. ORS 247.035 Some factors to consider in determining residence (ORS 247.035(3)) include: - where the person receives personal mail where the person is licensed to drive -where any immediate family members of the person reside -the address from which the person pays for utility services -the address from which the person files Federal or state income tax returns • If the County Elections Official determines that the registration should not be accepted because of ineligibility, a notice that more information is requested should be promptly sent to the person. See Appendix 12. • If the person does not respond, a rejection notice is sent. See Appendix 12a. • The person whose registration or update to a registration is rejected may apply to the County Elections Official no later than the 10th day after the rejection notice to request a hearing. continued on next page The County Elections Official has 10 days from the receipt of the application for a hearing to notify the applicant of the place, date and time of the hearing. See Appendix 12b. The hearing must be scheduled no sooner than the 2nd and no later than the 20th day after this notice is given. If nothing is received, no action is required. • At the hearing, the applicant may present evidence of qualification. If the County Elections Official determines that the applicant is qualified, the registration should be processed. ORS 247.174 inq icing into Validity -- Current Reg istrations The County Elections Official may inquire at any time into the validity of the registration of any elector. If the County Elections Official determines there is a need to question a person's registration, the County Elections Official mails a written statement to the elector that describes the nature of the inquiry and provides a suitable form for reply. See Appendix 12c. s „a Not later than the 20th day after the date of mailing the statement, the elector, in writing, may state that the information on the registration card is correct, or fill out a new registration card. • If the County Elections Official determines that the inquiry has not been satisfied, the County Elections Official will schedule a hearing and mail a notice to the elector of the date, time and place. See Appendix 12d. The hearing must be scheduled no sooner than the 2nd and no later than the 20th day after this notice is given. At the hearing, the elector may present evidence of qualification. If upon conclusion of the hearing, the County Elections Official determines that the registration is not valid, the registration shall be cancelled. See ORS 247.195. Decembesf January December/ January Pri and Gerterat Updates to Registration -- Written Evidence from Post 0 Office or Mailing Notice (Voter Confirmation Card) Whenever there is evidence that an elector needs to update their registration, the County Elections Official shall mail a written notice (Voter Confirmation Card (VCC)) to the elector. The notice must be forwardable and include a pre -paid postage return card. The notice must state the following: County -The elector should return the card promptly. If the card is not returned by the voter registration cut -off (21st day), the elector may be required to re- register. The elector's registration will be cancelled if the elector neither votes nor updates the registration through two General Elections. ORS 247.563(2)(c) The County Elections Official shall make the elector's registration inactive as soon as the notice is mailed. ORS 247013 (6)(b) Upon return of the Voter Confirmation Card, the elector's registration can be updated. See ORS 247.563. If the information received is from the postal service, the elector or another County Elections Official, the elector's registration should be updated and a Voter Notification Card (VNC) sent. Consider NCOA update with Post Office or possible mass registration confirmation. Even if not required, these processes help to keep registration files updated. Consider updating of address files with zip - plus -4 postnet barcodes- CASS Certification All mass mailings of VCC's, VNC's, ballots, etc., qualify for 1st class Standard A or non - profit rates using barcoding and zip - plus -4 sort. Additional language may be required by USPS to qualify. day before Generate Submarine ballots. ORS 253.565(4) The Secretary of State will furnish a list of open offices for the next election so that the County Elections Official may prepare the ballot. NLT the 61st day before any elec- tion date IA of e bored year Before ys prior to any election Inactivate and notify voters who have not had any activity during the prior 5 years. See ORS 247.013(6)(b). The registration of an elector shall not be moved to inactive during the 60 -day period before an election. ORS 247.013(7) Mail non - affiliated voter (NAV) notice if major party opens Primary Election. Establish a procedure for tracking NAVs requesting major party ballots. The Secretary of State will inform counties no later than the 85th day before the Primary Election whether any party has opened the Primary. The party must notify the Secretary of State no later than the 90th day. Produce mailing labels. Address format on all return envelopes should contain the following: - name - mailing address -> residence address, if possible - election date or code -* voter identification precinct number or name - party code (Primary Election only) The party code used may not disclose to the public what party the voter is affiliated with. - style /format code Tracking procedure for duplicate ballots must be instituted once labels are run. "Labels" means whatever technique is used to address the envelope. Allow sufficient time for labeling and insertion processes. For automated counties, a 'flag' or special status can be assigned to voters with late updates or party changes. Non - automated counties create a special file of registration cards or a master list for additional ballot tracking purposes. This will not be necessary if the first ballot can be pulled and not mailed. When more than one ballot is issued, you must ensure that only valid ballots are counted. Mail long term and military absentee ballots (including all out -of- country). A tracking procedure for replacement ballots must be instituted. ORS 253.065 and 253.510. NST the 29th day before the election Mail out -of -state ballots only. Consider mailing with 1st class postage to ensure timeliness. Consider different coding for out -of -state mailing addresses in order to be able to sort and mail these ballots early. 21st day before the Last day for new voters to register, last day to change party affiliation for the election Primary Election, and last day for NAVs to request major party ballot if permitted in the Primary Election. After 21st After 2 day before Lion After ballots are mailed Postmark applies for valid new voter registrations. Postmarks do not apply for NAV ballot requests or party changes. If updating for other purposes, a NAV may request a major party ballot if applicable. ORS 254.470(4)(c) Run additional labels (supplemental). Sort undeliverables for postal errors, office errors and various unique ballots (i.e. returned to us in our own envelopes) and remail corrected ballots. Sort the ballots for processing: -+ deceased - temporarily away - newaddresses in county - new addresses out of county /state - change of mailing address and - Moved Left No Address (MLNA), unable to forward, etc. Processing is not required until after the election, but if a county should decide to process during the election, registration is kept up to date and helps resolve data entry and handling errors while there is still time to get a ballot to a qualified voter. If software and time allow, processing of updates and address inquiries can continue with 'flags' to voters or special status types; special status for updates can be made active automatically after election. In a 50% turnout election, process undeliverables in a manner to preserve eligibility determination. 20th day through Election Day 20th day thrau +:h Election Day 20th day through Election Day Sort incoming registration cards for postmark /date stamp and determine eligible and ineligible voters. Mail ballot to qualified voters and keep ineligible cards separate. At the voter's request, updates for voters out -of -state or out -of- country that would not have sufficient time to be mailed a ballot and returned by Election Day may be faxed or emailed their ballot with specific instructions how to return, provided there is sufficient time for the voter to mail back their ballot by Election Day. Voted ballots may not be emailed or faxed back to the election offices. When a voter updates for the purpose of a name change only, the voter may vote once under the previous name. The County Elections Official may issue a replacement ballot at the request of the voter. Inactive voters who update will automatically be issued a ballot. Active voters who update must request a ballot. Ballots are not required to be mailed after the 5th day before the election. Verify previous registration and that the voter has not already voted in this or in another county (and for Primary, is not changing party affiliation). When an elector requests and is qualified, issue a "Presidential only" ballot. See ORS 247.410 and 247.435. See page 67. A signed registration card is required to re- register from another county. Any registration cards processed need to be searched statewide for a potential duplicate. Any potential duplicates need to be carefully reviewed for similar names, date of birth and comparison of signature. The voter registration is considered in the eligibility pool of the most current registration information received at the time of voting. The previous county may inactivate the voter registration if the county receives evidence the voter moved out of the county. If re- registering in the new county, the voter is automatically included in the new county's eligibility pool. See ORS 247.007(3) and OAR 165 - 007 -0130. If a voter already cast a ballot in a previous county during the course of an election, the new registration card may not be processed until after the close of the election or the effective date shall be after election day. For eligibility purposes, the voter can only be included in the county where the ballot was counted. Ballot Issuing Based on Reg st °atioz Status (Within or Between Counties) If the voter was previously inactive in any county, process the voter's registration and issue a ballot automatically. If the voter was previously active and was issued a ballot and the voter did not request a ballot for the new registration, process the registration card in the new county. Do not issue a ballot. If the voter was previously active, submits a request for a ballot and has voted in the previous county, do not process the registration or issue a ballot. If the voter was previously active, submits a request for a ballot and has not yet voted, process the registration and issue the voter a ballot. If the voter submits an updated registration card during a scheduled election and was not previously issued a ballot in their prior jurisdiction, the voter does not need to request a ballot, one shall be issued if applicable. 0 Reminder Should a voted ballot be received by more than one county, see "Reception /Signature Verification /Sorting" subsection "Handling of Multiple Ballots" on page 60. Before the filing deadline or as soon as possible NR LT the 84th day before the Pri- mary or General Election, Arrange with printer for ballot printing. Review ORS 254.115 through 254.195 and 254.470. Discuss possible quantities and different variations (ballot styles). Consider possible weight limitations (printing instructions back -to -back will reduce the amount of paper and overall weight of the mail). Consider different colors for different ballot types or districts. Include required information and warning per ballot type. For Primary Election, analyze the number of non - affiliated voters (consider buffering ballot quantities to accommodate for party changes or parties opening their Primary). Determine process for issuing precinct committeeperson ballots and for issuing major party ballots to NAVs, if applicable, for a Primary Election. Arrange with printer for Voters' Pamphlet production. For a Primary or General Election, notify the Secretary of State of the intent to publish or not publish county Voters' Pamphlet. Review ORS 251.175, 251.315, 251.325 and OAR 165 - 022 -0000 through 165- 022 -0080. Consider joint pamphlet with State (if applicable). The Secretary of State will send a letter to each county asking if it wants to do a joint pamphlet. The letter will provide timelines for publication. Discuss maximum number of pages for a pamphlet: -- if inserting with the ballot: there may be a weight limitation before postage cost increases there may be limitations for the inserting machines to function properly emphasize deadline to printer for delivery to mail house or in -house for insertion printing may be completed closer to mail out date -� if mailing separately: there will be additional cost in postage timing of Voters' Pamphlet delivery may be critical to ballot delivery (ideally, Voters' Pamphlet should be delivered one week prior to mailing of ballots) emphasize deadline to printer for delivery to Post Office - if mailing separately and combining with State Voters' Pamphlet: county's time frame may be shortened to meet State's deadlines emphasize deadline to printer for delivery to State continued on next page Consider using the USPS Election Mail logo. 0 Reminder Voters' Pamphlet arguments and candidate statements are exempt from public review until the 4th business day after the filing deadline for materials. Consider preparing a Voters' Pamphlet type of publication for military and other long deadline term absentee voters. Use regular Voters' Pamphlet proofs if necessary. Coordinate with other counties if the same candidate /measure also appears on their ballots. Before the filing deadline Before the fili deadline Contact USPS and, if applicable, mailing house service. Identify timelines and scheduling (may want to allow for possible delays). Identify staffing needs at all stages of the process (on -site supervision is required). Identify staging requirements (work areas for barcoding, tray assembly, zipping /sorting, etc.). Consider security issues. Indicate how ballot transportation security needs are to be met (i.e. from office or vendor to mail- ing house or from mailing house to Post Office). Specify various quality control issues (tracking and audit trails). Establish method of addressing envelopes. For inserts that may be needed, check with vendor on insert capability: secrecy envelopes return envelopes ballot (one or more) - text of ballot title or style if not printed on ballot -4 local Voters' Pamphlet, if applicable - map, if applicable and - dropsite information, if applicable Arrange with vendors to have supplies delivered. - envelopes: Envelope size may differ between elections (larger and /or extra weight may mean more postage; may also impact the inserting capabilities at the mailing house). ORS 250.037 and 250.038 require the following tax increase notice be printed clearly and boldly in red: "Contains Vote On Proposed Tax Increase." This only applies to property tax issues regarding bonds, local option taxes and establishment of permanent rate limitations. Does not apply to other revenue measures. ballots, if applicable - labels, if applicable -4 local Voters' Pamphlets - > other inserts .61st day before the election As measures are filed Fiilino deadline Certify to other counties joint district and city filings. Contact neighboring counties for filings and explanatory statements. Publish "Receipt of Ballot Title" and "Notice of Measure Election." Not required to publish city or state measures. Code the election in computer system. Use Secretary of State's random alphabet list if there are candidates. ORS 254.155 Code for major parties and NAVs, if applicable, in a Primary Election. Order ballot styles. Review ORS 254.115 to 254.145, 254.195 and 254.470. Refer to Secretary of State's Directive on party ballot colors for party nominations. Consider ordering quantities to accommodate NAVs if a party opens Primary to include NAVs. Remember, NAVs cannot vote on precinct committeepeople or any other offices excluded by the party. Consider extra quantities for voters who update. Some printing concerns to remember: -> do not split a contest between two columns or pages -* indicate clearly when to vote both sides of the ballot - don't forget required information (i.e. warning, how to mark) and - minimum ballot printing requirement for measures is measure number, caption and yes /no statements (for state measures) or caption and question (for local measures); complete ballot title and fiscal impact statements (for state measures) must be provided in ballot packet Proof everything! Proof again! ASAP after Test ballot programming and ballot readability by running test ballots in each receiving prin d ballot- counting machine. ballots 45 days before the election Between 45th to lath day Test as soon as possible after receiving printed ballots. 0 Reminder Test all ballot styles! Test all precincts! Perform every function to be used on election night! See test procedures in Ballot Counting section. Mail military and other long -term absentee ballots (includes all out -of- country). Review ORS 253.045 and 253.065. Mail paper ballots if material from printer is not yet available. Begin addressing process. Addressing may be done by: -> inkjetting or laser printing information directly onto the envelope -> using Cheshire labels (running label format on tractor -fed paper where a cut and paste machine glues the label onto the envelope) -> using gum labels and -*using form -fed (tractor -fed) envelopes Addressing and inserting options: - 4 In -house See "Analyze space needs" on page 11. - Mail house See "Analyze security needs" on page 53. Run master list (paper or data extract) when names for addressing have been completed. Consider color usage in following areas (always consider Post Office readability): - ink color on envelope different envelope colors for different ballot types -> different envelope colors for different elections; use colored bands instead of totally colored envelopes continued on next page NST the 29th day and NIT the 14th day before the election 21st day before the election 21st day before the Primary Election After 2 before the Primary Election 18th to 14th day before or 20th day for counties without daily postal service - different colored ballots for different styles or parties —> different colors for different inserts - different colors for address labels ORS 250.037 and 250.038 require that a property tax increase notice be printed "clearly and boldly in red ". Consider using barcodes or OCR fonts for voter identification. Use automated sorting of returned ballots (precincting) when possible. Possible mail dates for out -of -state voters. Consider using First Class postage to expedite delivery. Deadline for new registrations. New registrations must be postmarked by the 21st day before the election. Last day to change party affiliation and last day for NAVs to request a major party ballot, if applicable, except as noted below. Postmarks do not apply for party changes. Postmarks do not apply for NAVs requesting major party ballot. If updating for other purposes, a NAV may request a major party ballot, if applicable. See ORS 254.470(4)(c). Mail all remaining ballots on date previously arranged with Post Office. Uniform window for mail out. See ORS 254.470(3). Process eligible registrations. Check postmarks for eligible registrations. Run a supplemental list and add to the original master list: --If possible, pull the original ballot from the mailing and send only the new ballot. -) If not possible, send a second ballot and make appropriate entry in the Oregon Centralized Voter Registration System which alerts the County Elections Official that a second ballot has been sent. 0 Reminder See "Voter Registration" on page 17 for registration eligibility. Issue provisional ballots to: Voters when eligibility cannot be determined. - Voters who live in another county but want to vote in your county. The non - residence county issues a ballot using a provisional ballot. After the person has voted, forward the provisional ballot with a completed provisional registration card to the county of residence, being sure to notify that county that a ballot is being sent. - Voters who have not provided identification prior to January 1, 2006 (ID Required flagged). Minimum of two notices must be sent to voter requesting appropriate identification. If the voter responds with proof of identification before the ballot is counted, remove ID Required flag and count the full ballot. Voters who have not provided identification after January 1, 2006 (HAVA flagged). Minimum of two notices must be sent to voter before a Federal Election. Voter must respond with required information on the registration form. If the voter fulfills the identification require- ment, count the full ballot. If the voter does not fulfill the requirement duplicate to count all con- tests except for the federal contests. HAVA flag connot be removed until required information is provided on a registration card. See page 67 for processing provisional ballots. Before ordering envelopes Apply for non - profit indicia (imprinted permit number to show method of postage payment). Contact your local postal representative. Before orde .; Talk with the Post Office about the options for return mailing address for the envelopes voted ballots. Before printing enve cpes Options include: -4 your office address and zip plus 4 -4 the Post Office assigns a special "plus 4" for the elections office only - use a Post Office box Have the Post Office review or help design your outgoing and return envelopes to ensure they meet the necessary postal standards for automated handling. The Post Office's Mailing Requirements Section will review and assist with the proper wording and placement of endorsements on your envelopes as they apply to the Post Office. They will also provide a camera -ready copy of the front side of both outgoing and return envelopes for the printer. This will include, for the return envelope, the 11 -digit barcode for your return address. This will not include your logo. You will need to add any logo. Have the Post Office review the outgoing and return envelope sizes for postal rate conformity and the paper and ink colors for readability. Always have the Post Office review and sign -off on the printer's "Blue Line" for the front side of your outgoing and return envelopes before they are printed. Keep this for your records. 0 Reminder You may use the USPS Election Mail logo on all election - related materials. NLT 1 week after the Contact your postal Customer Representative to coordinate election mailings. filing deadline You may want to have direct contact with all local Post Offices within your county for ballot mailing coordination. If you change return envelope colors for each election, remember to notify your Post Offices of the color change. LT f creek after ti = Consider other postal issues. filing deadline Other postal considerations: - *weigh the piece -4add printing on return envelope to tell voters if they need more than one stamp to return ballot -* redesign the return envelopes to reduce the need for additional postage -4 measure the thickness to ensure it doesn't exceed .25" -*discuss undeliverables; based on the weight and envelope endorsement, the Post Office can give a cost per piece for undeliverables NLT 1 week aftea° the Discussions should include date, time and location for delivery of ballots to the filing deadlin Post Office. Before rat i;,;;._. the ballots- - date: -time: Take into consideration the size (number of ballots) of the election, allowing for as much time as possible for processing the returned ballots. Take into consideration holidays or three -day weekends so ballots won't sit in a mailbox over a long weekend. The Post Office will schedule a time frame that allows for the immediate distribution of ballots. If more than one county will drop their ballots at the same Post Office on the same date, it is important to coordinate the time of delivery for each. -)location: The larger Post Offices sometimes require delivery to a specific dock area. If delivery is by truck, the Post Office will require the truck to be weighed before the mailing is loaded (light) and again before off - loading the ballots (heavy). Prepare mailing. Provide the Post Office with a "Sample" ballot packet for their inspection. Obtain GPC's (carts) or pallets, trays or bags and proper tagging (such as red political mailing tags) and signs. 0 Reminder Use USPS Election Mail logo for more efficient handling. Barcode the mailing. Consider barcoding outgoing Vote by Mail packets. The speed and efficiency of delivery for barcoded mail is greater than non - barcoded mail. Before mail the ballots Before mal the ballots Before mailing the ballots Before t- - the ballots Before mailing the ballots Determine the number of mailings. To qualify for bulk mailing, each mail piece must weigh the same as each other piece in the mailing. Packets with five inserts will weigh more than packets with four inserts, so there will be two mailings (one for packets of four and one for packets of five). Use required forms and mailing profiles. Use current postal forms. If a mailing service is used, forms will be provided for you, but be sure that coordination with the Post Office has already occurred for the acceptability of the forms. Determine in -home delivery date. The Post Office will be able to tell you in -home delivery dates for the ballots. A press release can then be issued to tell voters to call the elections office if they have not received a ballot by that date. Determine what supplies are needed. Discuss when and what supplies will be needed for the mailing and arrange for pick -up. Supplies include: - trays, sleeves or sacks - GPC's or pallets -4 labels, tags and stickers If a mailing service is used, be sure to verify that the service will be providing all the needed supplies or can obtain them for you. Give the Post Office a check for the postage accounts. There are two separate postage accounts that will need a deposit: postage for the non - profit account to cover the outgoing postage - postage for the undeliverable account to pay for undeliverable returns Coordinate a time with the Post Office to pick up the mail each morning. Even if the return address is the elections office, you can arrange with the Post Office to pick up the voted /returned ballots each day. This will allow for earlier ballot processing. Date of r € ili the ballots Before Election Day The elections officer must arrange for the secure transport of ballots. Refer to "Security" on page 53. Coordinate with the Post Office for pre -8pm Election Day pick -up of ballots for your county. If your county contains a USPS regional processing center, coordinate with the USPS for a pre -8pm Election Day pick -up for all counties. It is necessary to coordinate with the Post Office for the latest pick -up time for last minute returns before 8pm on Election Day. If your county contains a regional processing center and you do not have an election, consider coordinating with adjoining counties for an Election Day pick -up of their ballots. Prior to the `30th day before the election Prepare for setting up official ballot dropsites. -4 Establish dropsites according to the Secretary of State's rule. Each county must have no Tess than 2 dropsites for every countywide election. A dropsite must be maintained at each County Elections Office. In addition, for every countywide election, there must be at least one dropsite for every 30,000 active registered voters in the county. Consider concentrations of population, geographic areas, security and available funding when determining a dropsite location other than the County Elections Office or the County Courthouse. Designate placement of ballot box within dropsite building. Consider the following in placement of the ballot box within the dropsite: - security - voter convenience -4 access for the physically disabled - parking and - public perception that dropsite is official and secure -4 Ensure proper security measures are taken at all dropsites. Ballot depositories shall be: - locked and secure from being moved or tampered with or - in view of authorized personnel At staffed locations (such as libraries, city halls, etc.): —> The official ballot drop box must be locked or sealed and accessible only by authorized personnel or deputized staff. The box may be exchanged for locked or sealed empty box on a predetermined schedule or it may be re- locked or re- sealed when emptied by authorized personnel. and - The official ballot dropsite must be in view of on -site staff and transported only by election or deputized staff to elections office on a predetermined schedule or as needed. Outdoor mailboxes (drive -by or walking traffic): The official ballot dropsite is accessible only by key in possession of authorized personnel. and - Establish a predetermined schedule (or more frequently if necessary) to empty the dropsite. Transfer voted ballots in a locked or sealed ballot box, bag or pouch to the elections office. continued on next page 30 days before the election Befcwe - Establish times that dropsites are available. A dropsite can be established on the first day ballots are mailed, but at a minimum must be open to the public beginning on the Friday preceding the election, during the normal business hours of each location. On Election Day dropsites must be open 8 hours or more and until 8pm. File Dropsite Plan. File any changes to a dropsite plan with the Secretary of State 30 days prior to Election Day. Notify the Secretary of State of any change in dropsite locations after the original plan is filed. Include in the plan the number and locations of dropsites. Use state forms for filing plan. See Appendix 7, Dropsite Security Plan Form. Notify the Public of Official Ballot Dropsites. Ensure adequate public notice by advertising dropsite locations and hours of accessibility for each site. Ensure dropsites are designated with "official" signage. It is recommended that traditional "Vote Here" signs not be used to designate dropsites. A sign substantially worded as follows should be posted at each dropsite: - Official Ballot Drop Here -> Official Ballot Depository or - Official Ballot Dropsite 0 Reminder Only personnel authorized by the County Elections Official may collect voted ballots within 100 feet from any ballot dropsite. Before Instruct Personnel. the clectior Instruct dropsite personnel not to accept ballots prior to delivery of dropsite container. Review procedures with dropsite personnel to ensure security of ballots at all times. Ensure security of ballots for overnight with dropsite personnel. Options include: --> using a room that will be locked -4 a vault and /or -4 other secure locations Determine the frequency of ballot pick -up from dropsites. Authorize personnel to pick up ballots from dropsites. Daily ballot pick -up is recommended to minimize the number of ballots left overnight at dropsites. On Election Day, the County Elections Official ensures authorized personnel are available at dropsites to determine that everyone in line at 8pm is allowed to deposit their ballot. The authorized personnel are also to transport the ballots to the elections office. If more than one person used, it is recommended that they be of different political parties. Consider dropsite ballots transported by law enforcement personnel or deputized personnel. Establish Voting Booths. For every election at each location where ballots are issued, must have three voting booths, suitable compartments, shelves or tables at which electors may mark their ballots. The arrangement of the booths, compartments, shelves or tables ensures that the elector may conveniently mark their ballot with absolute secrecy. The booths, compartments, shelves or tables must be available the entire time that ballots are issued. ORS 254.472 Establish Additional Voting Booths for Primary and General Elections. The County Elections Official is required to maintain additional voting booths as follows: - In counties with more than 35,000 active electors, at least one voting booth must be established for each 20,000 electors. All other counties must provide at least one voting booth. ORS 254.474(1)(b) At least three voting booths must be established at every election as noted above. The County Elections Official determines the voting booth locations. Each location with a voting booth must also be a designated dropsite. See ORS 254.474 the election the election Plan for assisting voters with disabilities. In accordance with ORS 254.445, upon request, an elector is entitled to receive the assistance of two persons of different parties or by some other person chosen by the elector. A person may not assist an elector if the person is: - > an employer of the elector or an agent of the employer or - -> an officer or agent of the union of which the elector is a member Upon request from an elector, the location where the elector would like election personnel to assist is negotiable. Possible locations depend on the individual elector's need and include: elector's home - election office --> dropsite location - community service center -> senior center or assisted living facility ORS 254.445 Educate voters. The County Elections Official shall make every reasonable effort to acquaint electors with the ballot format to be used in the election and the methods used to mark ballots to cast a valid vote. Submit to the Elections Division any written voter education materials or a website link to your County Elections website for posting on the Secretary of State's website. By January 31st of each year and within one busi- ness day of any change Before the &leci ;__ Analyze security needs. See Appendix 2 fora Sample Security Plan. Any change in a Security Plan must be submitted to the Elections Division. ON Prepare an overall Security Plan and file it with the Elections Division. Establish a written agreement for security measures with any vendor handling ballots. Design security for periods of ballot transportation (e.g. from print shop to location of insertion; from mailing house to Post Office and from Post Office to elections office other than regular mail delivery). " Design security for ballots during processing. Design security for ballot dropsites. Establish guidelines for security involving observers. Review office work area, building and ballot storage to assure security (alarms, cameras, special keys, limited keys). 0 Review security for vote tally systems, computer access security and off -site storage for system backups. Consider having a "backup" county with the same ballot counting capabilities (may want to exchange backups of the election set -up). Establish post - election ballot security. To the greatest extent possible, security plans should consider possible emergency circumstances and course of action. Security plans are exempt from disclosure under the public records law. ORS 254.074 and 192.502(31) Establish security. At all times, ballots must be maintained in a secure location in accordance with the security plan filed with the Secretary of State. Adequate supervision must be provided during all processing activities. Use a log to maintain who has access (keys, electronic codes, etc.) to secure areas. To prevent unauthorized access an option is to install secondary locks accessible only to authorized Elections Officials for election- specific dates. continued on next page Be fo e the election During the electi If the ballots are kept in a separate locked room, it is not necessary to seal the transport carriers. If a secure room is not available, then ballots need to be secured in locked or sealed ballot carriers. Use disposable numbered locks if available. If ballots are being transported within the same building, it is not necessary to seal transport carriers. 0 Reminder Use of motion detectors, video cameras, alarm systems and other technology may be appropriate supplements to locks. Establish supervision procedures and train staff. Ensure that all election personnel follow standardized procedures. Ensure that adequate staffing and space are available during the processing period. A manageable supervisor /staff ratio should be established and maintained for each election. Maintain an audit trail. There must be an audit trail throughout the process. Consider maintaining logs for processing the ballots through different steps. Maintain all statistical information for each precinct. This may include: - election date - precinct number or name -, number of ballots issued number of ballots received - number of ballots counted -* name, team number or person - date and time processed (if a precinct is processed more than once, the information needs to be maintained for the individual dates and times) - number of challenged ballots - number of out -of- county ballots -* number of write -ins and duplicated ballots -> number of envelopes that do not contain a ballot - > number of envelopes containing more than one ballot - -> number of provisional ballots counted and not counted - number of ballots emailed or faxed - number of rejected ballots number of defective ballots - number of unaccepted ballots After b' tic are mailed After ballots are mailed After ballots are mailed After ballots are mailed Begin receiving voted ballots. Ballots can be returned to: -> any County Elections Office -4 any officially designated ballot dropsite in the state - through USPS or other delivery service to the County Elections Office Start initial count or estimated count. Staff at the elections office counts and records the number of: -> ballots returned by the Post Office -> ballots received over the counter - ballots received from dropsites -> ballots forwarded to other counties - ballots returned unsigned and - ballots returned undeliverable For ballots returned undeliverable, see "Voter Registration" on page 22. How to handle unsigned envelopes. If the ballot is returned in an unsigned envelope, the County Elections Official shall attempt to notify the voter that the ballot cannot be processed unless the envelope is signed prior to 8pm on Election Day. A signature may not be faxed or emailed. The official may: - issue a replacement ballot -4 have the voter sign the return identification ballot envelope at the elections office -> mail the original unsigned envelope to the voter for a signature if time allows How to handle return identification ballot envelopes from previous elections. If the voter returns a return identification ballot envelope during a scheduled election cycle for a previous election date: -4 do not open the envelope - place the return identification envelope with the rejected ballots Notification is not required since past 10 days after the date of the previous election. See ORS 254.470(7) & (9). Within 48 hours of receipt and no later than the 3rd business day following the election Within 4.8 hour of receipt and no later than tha 34'd business day following the ciectiion After ballots are mailed Begin transferring return ballot envelopes belonging to other counties. Minimum standards include: Stamp date on each return envelope. • Maintain a log recording the date, county and number transmitted. Fax or email the standardized form notifying other counties of method of delivery and number of ballots being transferred. COMail /Deliver voted ballots using traceable mail delivery service (such as UPS, Priority Mail, FedEx, Click N Ship, etc.) with notification to the home county. Transfer no later than the next business day after receipt. If not delivering in person, all voted ballots delivered to a county must be forwarded within 48 hours of receipt and no later than the 3rd business day following an election. Other states' ballots cast by Oregon voters in other states must not be counted in Oregon. Begin transferring ballots belonging to other counties that have been deposited in your county's dropsite. Notify the home county of the number of ballots you are forwarding, the date you are forwarding them and the manner in which you are forwarding them (e.g. UPS, Priority Mail, FedEx, Click N Ship, etc.). The ballots must be sent using a traceable mail delivery service or personal delivery. All voted ballots delivered to a county that are for another county must be forwarded within 48 hours of receipt and no later than the 3rd business day following the election. Begin signature verification. When a ballot has been returned by the voter and is accepted, it is included in the master list for the election. If the return identification ballot envelope is unsigned and is returned to the voter for signature, the ballot is not posted until the signed envelope is returned. automated reports and computer programs may be used for the master list and logs tracking reissued, replacement and challenged ballots reissued and replacement ballots must be identified to ensure only the correct ballot is being counted - challenged ballots must be processed separately; see challenge process on page 65 Check for valid signatures. continued on next page Compare the voter's signature on the return ballot identification envelope to the signature on the voter's registration card. - provide for signature verification training prior to election -4 if the signature verification clerk is able to determine that the same person signed the return identification ballot envelope and the voter registration card, the ballot may be processed An experience deputized elections staff member must review all initially rejected signatures using the following criteria: - capital letters match -4 letters tail off alike - letter spacing is the same - space between signature and the line is the same beginning and ending of signature and the slant are consistent - unique letters match overall appearances match Signatures that Do Not Match the R:egi< trati r Gard See page 66 for handling a challenge due to signatures not matching. See Appendix 8 for signature verification samples. - If the signature does not match the voter registration card: Send a challenge notice and a registration card to the voter indicating that the signature does not match. Provide 10 -day notice ifsufficienttime allows. The notice must be resolved no later than the 10th day after the election. Notice must be sent not later than the 3rd business day after the date of the election. Resolution requires voter providing sufficient proof in- person or by mail with an updated registration card reflecting the voter's signature for matching purposes. If the signature does not match the voter registration card and it appears another individual has signed a different name on the ballot: Consider the ballot "spoiled" or "unaccepted." Consider mailing a replacement ballot with a letter of explanation. Refer to page 67. Contact the voter immediately if a replacement ballot is not sent. Resolution will not be possible after 8pm on Election Day. If the County Elections Official is unable to resolve the signature discrepancy issue no later than 10 days after the election, forward the elector's information onto the Secretary of State's office for further investigation. See "Challenge Due to Signatures Not Matching Process" on page 66. After ballots are mailed Handle multiple ballots. Reissued /Supplemental Ballots More than one ballot may be issued by a County Elections Official without direct knowledge of the elector in the circumstances listed below. Always flag individual elector's file that more than one ballot was issued. There was an error with the original ballot and the County Elections Official needs to reissue a ballot or issue a supplemental ballot. Process and count in the following manner: - > If only the original ballot is returned by the voter, duplicate and count the ballot only for eligible contests. - If the voter returns two ballots, count the reissued ballot. -> If only the reissued ballot is returned by the voter, count the ballot. - An elector update is received, changing the elector's registration information after the initial ballot labeling process is completed so a second (updated) ballot is automatically mailed. Examples include: - changing address, same ballot style -* changing address, different ballot style - changing party status in Primary Election —) requesting party ballot by NAV, when appropriate, in Primary Election O Reminder Postmark does not apply for NAVs requesting a party ballot. Process and count in the following manner - If only one ballot is received and the ballot label matches most current information submitted by the voter, count the ballot. —) If only one ballot is received and the ballot label does not match most current information submitted by the voter, duplicate only eligible contests reflecting most current information. O Reminder Include elector in 50% eligibility pool reflecting the elector's most recent address on file. -> If two ballots are returned by the voter, process and count the ballot reflecting the information on the most current registration card or most current information. continued on the next page An update is received for an active elector after the voter registration cutoff date and the elector specifically requests a new ballot. Process and count in the following manner: -4 If one ballot is returned by the voter, process and count the entire ballot if the ballot style correctly corresponds to the update information. If the incorrect ballot style is returned, duplicate and count only those contests that are appropriate under the updated registration. 0 Reminder The elector may only receive a new ballot reflecting an address change. Elector cannot receive a new ballot for a party change after the 21st day before the Primary Election. -4 If a voter indicates a name change on the return identification ballot envelope, count the ballot. After the election move the voter to inactive and send the voter a registration card for update purposes. The voter remains in the eligibility pool for the 50% calculation. -4 If the voter returns two ballots, process the ballot that reflects the updated registration and refer the elector to the Secretary of State's office as a potential election law violation. Replacement Ba lots A replacement ballot is issued when a voter requests by phone, in writing or in person a second ballot because the original ballot was destroyed, spoiled, lost or not received. You may mark the envelope as a replacement ballot in one of three ways: a specially printed "Replacement Ballot" return envelope; see example in Appendix 3 - with a rubber stamp or gummed label on an existing ballot return envelope adding additional voter attestation; see example inAppendix4 - any other indication on the outside envelope, accompanied by a separate attestation form The elector must complete and sign a replacement ballot request form or sign the special printed "replacement ballot" return envelope before the ballot can be counted. Upon receipt of a request for a replacement ballot, the County Elections Official must: -4 verify the registration of the elector and ensure that the elector has not voted another ballot -4 note in the list of electors that the elector requested a replacement ballot -4 mark the return identification ballot envelope clearly so that it may be readily identified as a replacement ballot issue the replacement ballot by mail or other means If the voter returns two ballots, count only the first ballot received and refer the elector to the Secretary of State's office as a potential election law violation. continued on the next page The election officer need not mail a replacement ballot to an elector after the 5th day before the election date. However, the ballot shall be made available in the election office until 8pm on Election Day. 0 Reminder The replacement ballot request form must be received and it must be verified that a voted ballot has not already been cast before the replacement ballot can be processed. See ORS 254.470. The County Elections Official may mail a replacement ballot with a letter of explanation in the following situations: -If a voter returns their ballot in all unsealed envelopes. -> If a voter returns an empty return identification ballot envelope. -If the voter fails to sign in the appropriate location on the return identification ballot envelope. - If the voter is identified, but did not return the voted ballot in the return envelope. - If the ballot is returned damaged (e.g. the Post Office processing machine has torn the ballot). The wrong voter (such as another person in the household) signed the return identification ballot envelope. Voter Cha r e of Address on Return nvelopes Process a ballot in which a voter has written a change of address on the return envelope as a challenged ballot. 'Flag' the challenged voter until the challenge is resolved. See "Special Ballot Handling: Challenged and Provisional Ballots" on page 65. If the new address is in a different county: And the voter has not re- registered in the new county, put the ballot with the unaccepted ballots. -And the voter has re- registered in the new county and has not voted a ballot in the new county, forward the ballot to the new county with a copy of the challenge response. Inform the new county ASAP. See Processing Challenged Ballots. See Appendix 5, Vote by Mail Challenge Form, SEL 535. Precinct :art If a vote tally system requires sorting to produce results by precinct, sort return identification ballot envelopes by precinct before or after signature verification and logging ballots on the master list. Store in secure area not accessible to the public. After bil<'t.a Process Challenged Ballots. are ma Challenged ballots are those that are flagged: -3 because the County Elections Official questions whether the voter's eligibility has changed since last registering to vote because a voter challenges another voter's eligibility to vote or because the signature does not match the voter registration card; see page 59 Challenge forms should be attached to the appropriate ballot envelope. Research for eligibility of the voter as soon as practicable and no later than 10 calendar days after the date of the election. Challenges must be: -filed in the election office -filed on the appropriate form 0 Reminder Ballots can be challenged until the ballot is separated from the return identification ballot envelope. The County Elections Official completes the following steps in processing challenged ballots: Flag the challenged voter's ballot until the challenge is resolved. If a ballot is challenged under ORS 253.700 or 254.415 send the voter a challenge letter requesting information needed in order to determine eligibility. Inform the elector that the ballot will not be counted unless the elector can demonstrate their eligibility no later than the 10th calendar day after the date of the election. Based on the results of the inquiry: If the response from the voter indicates that the voter moved to a new address within the county after voting, count the ballot in full. - If the response from the voter indicates that the voter moved to a new address outside the county before voting and the voter has not registered in the new county, consider ballot unacceptable and remove from the eligibility pool. As soon as practicable, but no later than the 10 calendar days after the date of the election, determine whether the challenged ballot should be counted. Tally only the contests for which the voter is qualified to vote. continued on the next page If a challenged ballot is to be counted, the County Elections Official ensures that the challenge number is written on the ballot and is kept confidential. The ballot must include the challenge number so the ballot may be identified in any future contest of election. See Appendix 5, Vote by Mail Challenge Form, SEL 535. - Handling a voter change of address on return identification ballot envelope. If a voted ballot is received but the voter made a change to their address on the return envelope, send a forwardable notice to either address indicated. If the voter is no longer eligible, place the ballot with the rejected ballots, and do not count toward a 50% requirement. Update the voter records after the election has been certified. If the response from the voter indicates that the voter moved to the new address after voting, count the ballot in full. Update the voter's registration and include the voter in the 50% eligibility pool matching where the ballot was counted. Automatic update only within the county. If outside county, inactivate after certification and send notice pursuant to ORS 247.563. -4 Handling a challenge due to signatures not matching. If the signature does not match the voter registration card, send a challenge notice and a new registration card to the voter indicating that the signature does not match. The notice must be resolved no later than the 10th calendar day after the date of the election. - If the voter returns the registration card or provides sufficient evidence that the voter signed the return identification ballot envelope, count the ballot. After the election has been certified, process the new registration in order to capture the new signature. - If the voter does not respond to the notice or if the signatures on the return identification ballot envelope and the new registration card still do not match, do not count the ballot. The ballot is placed with the unaccepted ballots and does not count toward a 50% ballots cast requirement. If the signature does not match the voter registration card and it appears that another individual has signed a different name on the return identification ballot envelope: - )Consider the ballot "spoiled" or "unaccepted." Consider mailing a replacement ballot with a letter of explanation. Refer to page 61. —)Contact the voter immediately if a replacement ballot is not sent. - 4Resolution will not be possible after 8pm on Election Day. If the challenge has not been resolved to the satisfaction of the election official, do not count the ballot. If the signature does not match the voter registration card and /or it appears that another individual has signed a different name on the return identification ballot envelope and you are unable to resolve the situation, refer to the Secretary of State's office as a potential election law violation. See ORS 246.046 and 260.715. After ballots are mailed After the challenge period is over, the election official may send a second letter to the elector indicating: - ballot was rejected -9 new registration with signature is requested -9 if no response, elector's information will be forwarded to the Secretary of State's Election Divi- sion for further investigation. Process Provisional Ballots. Confirm whether the voter has already voted and whether the voter meets eligibility requirements of state and /or federal law. This includes ballots issued where eligibility is ques- tioned and ballots issued to a voter who is registered in another county. If the voter voted an incorrect ballot style or party ballot but the voter is eligible to vote, duplicate eligible votes onto the correct ballot. Process the ballot in the correct precinct after the voter's eligibility is confirmed. When the voter lives in another county, have the voter fill out a provisional registration card. Once the voter votes the ballot, send the ballot and registration card to the appropriate county. In cases where a ballot is issued and the ballot is separate from the voter registration card, note on the voter registration card that the elector was issued a provisional ballot. If a provisional ballot was sent because the elector failed to provide identification at the time of registration in compliance with the Help America Vote Act, separate from other returned envelopes. Refer to Appendix 11. The County Elections Official may challenge any ballot pursuant to ORS 254.415. Pridentiai Contest 0l'tly If a person is qualified to register, except the person has resided in Oregon less than 20 days before the election, the person may vote in the election for US President or US President/ Vice President if the person did not vote in another state for the same office during the 6 months immediately preceding. If an elector of Oregon moves to another state after the 31st day before a Primary or General Election for US President /Vice President and does not qualify to vote in the state of the elector's present residence, may vote for these offices in Oregon. The ballot for a person eligible to vote under ORS 247.410- 247.435 shall be given a ballot marked "Presidential Only." Persons eligible are required to: -4 appear in the office of the County Elections Official complete a provisional registration card Validate the qualifications of the voter as provided by ORS 247.410- 247.435 prior to counting the ballot. See ORS 24Z410-247.435. NST 7 days be... the election Begin opening the return identification ballot envelopes. Once signature verification is completed and the ballots are approved to be counted, begin opening the return identification ballot envelopes. Process ballots from only one precinct or batch at any one workstation at a time. Keep a record number of return identification ballot envelopes. Depending upon equipment, counts may be automated. Staffing Election personnel opening envelopes, preparing ballots for counting and counting ballots may not be a relative of a candidate on the ballot in that particular election. "Relative" means a spouse, child, son -in -law, daughter -in -law, parents, mother -in -law, father -in -law, sibling, brother -in -law, sister -in -law, aunt, uncle, niece, nephew, stepparent or stepchild. Each board member must sign an oath priorto processing ballots. Boards must be composed of a minimum of two members, not all of the same political party. A record must be maintained of all board members, including each member's political party affiliation, oath and board assignments. Consider maintaining a log of which boards process which precincts or batches. The County Elections Official must provide written procedures and training in those procedures to ensure consistent application of processes. Opening Boards Process one precinct or batch at a time. Open the return identification ballot envelope (if not done previously) and remove the secrecy envelope containing the voted ballot. 0 Reminder If other material or notations are included on or with the returned ballot and have a bearing on the vote cast, attach the material to the ballot and send to the duplication board. - If the return identification ballot envelope was sealed and contains a ballot with or without a secrecy envelope, continue processing. - If the return identification ballot envelope contains a ballot without a secrecy envelope, remove the ballot and maintain the secrecy of the ballot. continued on next page - 3Ifthe signed return identification ballot envelope is unsealed and: the secrecy envelope is sealed, continue processing the secrecy envelope is unsealed, reject the ballot no secrecy envelope is returned, reject the ballot -4 If there is more than one secrecy envelope or there is more than one ballot not in a secrecy envelope, reject all contents. -› If there is another signed return identification ballot envelope inside (with a ballot inside of it), remove and forward inner return envelope to be logged and examined as a separate returned voted ballot. Place rejected ballots in the "rejected ballots" envelope. Open the secrecy envelope and remove the voted ballot. If there is no ballot enclosed, log as an empty ballot envelope or refer to the election supervisor for instructions. NST 7 days before the election Begin inspecting ballots. In all cases inspection boards must determine whether ballots should be counted, rejected or duplicated. The object of ballot inspection is to ensure that all ballots are machine - readable and that the voter's actual vote will be recorded accurately. If the ballot has damage or defects that would cause problems in tallying, duplicate as directed in this rule. All counties, regardless of vote tally system, need to inspect ballots to determine voter intent. The responsibility for determining voter intent lies with the inspection board, under the supervision of the County Elections Official. Ensure that a team of at least two board members of differing political party affiliation work together to determine voter intent. See following pages in this section for guidelines in determining voter intent. Any extraneous marks, such as names, signatures or initials of the voter should be disregarded unless they have a bearing on the vote cast. Ballots shall be rejected if a write -in is voted using a rubber stamp, sticker or another marking device, except writing which bears the name of a person and is used to vote for a person whose name is not on the printed ballot. If ballots are counted by precinct, process ballots one precinct at a time. All rejected ballots must be accounted for on log sheets or as directed by the County Elections Official and placed in the "rejected ballot" envelope. Use guidelines for staffing in the "Opening Return Identification Ballot Envelopes" section on page 71. Counties (ism Optical Scan Equip ent -4 Inspecting Check for questionable marks and write -in votes at the same inspection. Questionable marks are: 1 marks that cannot be read by the ballot counting equipment 2 a checkmark or an "X" in the voting area 3 voting area completed too lightly 4 voter's choice not marked in the voting area, such as a write -in with an unmarked arrow or circle 5 extraneous marks made by the voter in the header code, clock areas or other scanned areas 6 marks indicating the voter's change of mind and /or 7 comments marked in the voting area continued on the next page Inspect entire ballot and sort into three stacks: - clearly marked machine - readable ballots (they can be placed in the carrier, ready for counting) - ballots with questionable marks - ballots with unmarked write -ins Sort the ballots with questionable marks into two stacks: -) ballots that can be enhanced - ballots that must be duplicated Enhancing 0 Reminder Process one ballot at a time during this and subsequent steps to avoid confusion about what has or has not been enhanced or duplicated. Questionable marks 2,4,5,6 and 7 may require that the ballot be duplicated. Election personnel process the ballots to be "enhanced" making them machine - readable and reflecting the voter's intent by: - placing "enhanced" mark on the ballot, ensuring that the ballot can be identified as enhanced -4 marking the voting area in a manner instructed by the County Elections Official for questionable marks 1,2,3 and 4 -> placing opaque enhancement, when appropriate, over questionable marks 4,5,6 and 7 that affected ballot readability 0 Reminder An opaque enhancement will cover the marks, making the mark unreadable to the ballot counter. The opaque marks must be removable for review during a recount. Enhanced ballots are added to the ballots in the carrier ready for ballot counting. eterri11mi g Voter t:x If the inspection board agrees on the voter's intent, the ballot should be enhanced or duplicated in the manner reflecting the voter's intent and the enhanced or duplicate ballot counted. If it is possible to enhance the ballot, use the enhancement process. If enhancement is not possible, duplicate the ballot. If the inspection board does not agree on the voter's intent, the ballot should not be duplicated but processed as is. continued on the next page Voter intent in any single contest may not be determined based upon a pattern of partisan voting on the ballot. If a note is included in the return identification ballot envelope or written on the ballot label and it indicates a change the person wishes to make in voting: -*follow instructions for duplicating a ballot to reflect the intent of the voter and -4 place duplicate number on all associated pieces and place together in the "defective and irregular" envelope Any time a note is utilized to determine voter intent, the ballot must be duplicated. All received parts must be assigned a tracking number and kept in the event of a recount. If a note is included that is not relevant to voter intent, do not retain the note. itica Scan Ballots Only official ?oailots and ballot labels can be counted, See ORS 254,185. Two (or more) ovals or arrows have been marked and one mark has been erased, but enough residue is left that the scanner may read an overvote. islo Yes C-D No (erasure has been done) Opaque enhance (white sticker) the erasure so that the scanner only "sees" one vote. Duplicate the ballot, if necessary, to reflect only the "dark" vote. One response is indicated with a heavy line or dark oval and a second response is marked with a narrow line or pale oval, but no erasure has been attempted. ® Yes No (no erasure has been done) Since there is no attempt to erase either mark, leave as is and allow scanner to count as an overvote. The arrow or oval has been completed for one response and a dot or partially completed arrow or oval is marked for the other. Yes No Mark may or may not have some erasure — usually there is none. Opaque enhance or duplicate the ballot to eliminate the overvote due to the partial mark or dot. The arrow or oval has not been marked, but the response is circled. Yes 0 No Enhance or duplicate the ballot by completing the oval or arrow beside the circled vote. Enhancement cannot permanently obscure the original marks of the voter. Sometimes duplication is necessary because the circle overlaps the voting area. The arrow or oval has not been marked but there is a connective line between the response and the arrow or oval to indicate the vote. Yes C7 —No or 7 Fred (=ID— Brenda Enhance the ballot by completing the oval or arrow beside the indicated response. More than one arrow or oval has been completed, but a word or mark is used to indicate the correct vote. Yes or No Yes -VOW-No wQtt t- Duplicate or enhance the ballot to correct the overvote so that the correct vote can be counted. A word has been used to indicate the vote instead of completing the arrow or the oval. Yes tilts o0,e No Duplicate the ballot, completing the arrow or oval for the indicated vote. The entire response area for a contest is crossed out. Duplicate or opaque the ballot, leaving all ovals and arrows uncompleted to indicate an undervote. Corrections are made with liquid white -out. 4 ri Yes No Opaque enhance or duplicate the ballot to eliminate the overvote due to the white -out. flack ne- Rejected Defective Ballot Resolution Ballots that are not machine - readable must be inspected. The inspection process should consist of at least two election board members, each of a different political party affiliation. Machine - rejected ballots are defective ballots that are not machine - readable, including a ripped or torn ballot, a ballot voted with an instrument that cannot be read by the machine or a ballot with extraneous marks within the read head path. These ballots are out - stacked /rejected while the machine is in standard counting mode. If the vote tally system requires sorting by precinct, then election personnel will only inspect one precinct of "unread" defective ballots at a time. See "Enhancing" on page 76 and "Duplication " below. DilpliCatior Duplication boards, regardless of the vote tally system used, process ballots requiring duplication, making a duplicate ballot that is machine - readable and reflects the voter's intent. Duplicating and proofing must be done by at least two election personnel each with a different party affiliation. Each worker must initial both ballots. Sort by ballot style if there are multiple ballot styles for the precinct. Select the appropriate blank ballot style that matches the ballot to be duplicated. Clearly indicate on the ballots which ballot is the defective original ballot and which ballot is the duplicate ballot. - Do not place "Duplicate" stamp in read head path or voting area. - If the County Elections Official uses duplication teams with unique team identification numbers both the original defective ballot and the duplicated ballot must have the team's identifying number on it. The County Elections Official must keep a record of each team identifying number and must clearly record the name of each team member. Assign a matching number to the original and duplicate ballot and ballot stubs and to any other material bearing on voter intent. The number can only be used once in a given precinct (unless mixed mode). -41f it is necessary to duplicate a duplicated ballot because the duplicate ballot becomes damaged, duplicate from the original ballot using the same tracking number. • Use a control log to track the assigned numbers. • One board member or team duplicates the entire ballot accurately reflecting the voter's intent and initials both ballots. continued on next page The second board member or team proofs the duplicate ballot against the original defective ballot, initials both ballots and places the original defective ballot in the "Defective Ballot Envelope" for that precinct or batch processing. If other material is included with the ballot or is attached to the secrecy envelope, inspect to determine if it has bearing on voter intent. -* If the material has bearing, duplicate the ballot as necessary and place original ballot and the material in the "Defective Ballot Envelope" for that precinct. -4 If the material has no bearing, discard the material. The duplicate ballot is added to ballots in the carrier for ballot counting. Write -in Processing This section describes the general procedures for processing write -in ballots. Following are examples to illustrate processing write -in votes for all counties and vote tally systems. Our examples simulate an optical scan ballot but are a guide for all ballot types. Per ORS 254.505(1), "If it can be ascertained from the ballot for whom the vote was intended" it should be counted. Follow the enhancing and duplicating instructions from the previous pages, when necessary, for all write -in examples. No candidate name or office written -in, but box, oval or arrow is marked and no other candidate is selected ClID Fred Neal 0 John Lindback write -in When the write -in line is blank, but the box is marked on the paper ballot or the oval /arrow is marked on the optical scan ballot, the vote is counted as an undervote. - Paper Ballot Ignore marks and tally as an undervote. -� Optical Scan Ballot Enhance or duplicate the ballot so the vote is counted as undervote. If a full recount is conducted, any undervotes that made their way into the write -in pool can be identified and recategorized. A candidate is selected and no name is written -in, but box, oval or arrow is marked. Fred Neal CID John Lindback write -in When a candidate is selected and the write -in mark is also filled in, the vote is counted for the selected candidate. It is not an overvote because no name is written -in. Paper Ballot Ignore marks and tally as a vote for the selected candidate. - Optical Scan Ballot Enhance or duplicate the ballot so the vote is counted as a vote for the selected candidate. A real or fictitious name is written -in. 0 Fred Neal «T John Lindback grewda gca es write -in 0 Fred Neal or CID John Lindback _ MicV2e)J Mouse write -in When a real or fictitious name is written -in, whether or not the corresponding mark is completed, the vote is counted as a write -in (ORS 254.145(6) states that the elector is not required to place a mark in the voting square corresponding to a name written in a blank space.) The Board shall not attempt to determine whether the name is real or fictitious. If a write -in is questionable, the write -in name provided may be validated against the voter registration file within the district if contest is not landowner qualified. If no such registered voter exists, tally as a miscellaneous vote. For example, if the write -in is Mickey Mouse, Thomas Cruz or John Donovan and if the County Elections Official validates no such active or inactive voter is registered by that name, the write -in may be tallied as miscella- neous or as a candidate. If the non - registered candidate receives the majority of the votes, that name may be certified to the appropriate special district indicating the status of the winning candidate. For example, ORS 255.295(2) states the district will indicate whether the candidate is qualified to hold the office. -) Paper Ballot If the name of a candidate is written -in, count the vote as a write -in --)Optical Scan Ballot If the name of a candidate is written -in, enhance or duplicate the ballot so that the vote is counted as a write -in. continued on next page A candidate is selected and a name is written -in. Fred Neal 0 John Lindback _ grewda gaffes write -in Fred Neal or John Lindback grewda e.aues write -in When a candidate is selected and a different name is written -in, it is counted as an overvote. The Board may make a different determination only if the voter added instructions clarifying intent. - Paper Ballot If corresponding write -in mark is not completed, count as an overvote. - Optical Scan If corresponding write -in mark is not completed, enhance vote so it is counted as an overvote. The write -in line contains a name that is the same as the one that is printed on the ballot for that office. Fred Neal John Lindback _ Fred Neat write -in The vote is counted as a vote for the candidate. -Paper Ballot Tally as a vote for selected candidate. -4 Optical Scan Enhance or duplicate so the vote is counted as a vote for the selected candidate printed on the ballot. The printed candidate is selected AND the same name is written -in. Fred Neal John Lindback 0 Fred Neal write -in The vote is counted as one vote for the selected candidate. It is NOT an overvote. -Paper Ballot Tally as a vote for selected candidate. - *Optical Scan Enhance or duplicate if the oval or arrow is completed so the vote is counted as a vote for the selected candidate. Comments written -in, including "none of the above" and no candidate is selected. CID Fred Neal John Lindback Nowe of the above write -in If the comment does not include a name, the vote is not valid as cast. This vote is counted as an undervote, whether the corresponding mark is completed or not. -Paper Ballot Ignore marks and tally as an undervote. -Optical Scan Enhance or duplicate so vote is counted as undervote. or Allow the ballot to be counted as write -in, but tally as undervote if write -ins are tallied. When a candidate is chosen and a comment is written -in, marking or not marking the corresponding box. Fred Neal John Lindback _ I dow't Li.I2e awy write -in or Fred Neal John Lindback Fred %s great! write -in The vote must be reviewed by the Board to determine the voter's intent. Make adjustments necessary to count the vote as the Board determines. -Paper Ballot Ignore marks, hand tally as vote for selected candidate. - Optical Scan Enhance or duplicate so vote is as a vote for the selected candidate. NLT 5 business days before the election Conduct preparatory test of the vote tally equipment for logic and accuracy to ensure that each ballot format, where appropriate, correctly tallies ballots in each electoral contest by precinct. Note in the maintenance log any maintenance performed during the period that occurs after the preparatory test and before the final public certification test. Counties must use the current election ballot stock for the test deck. NLT 5 business days before the election Conduct a public certification test using a selection of precincts, ballot formats and electoral districts from the preparatory test. Eletio Day Send notice of time and place of the first public certification test to required parties. See ORS 254.235. Repeat public certification test of vote tally equipment before counting ballots. Perform exactly the same test as conducted in the previous public certification test. Observers may be present. See ORS 254.485. The ballots shall be transported to the count center in a sealed container when the count center is located in a separate building. Begin counting ballots. Once ballot counting begins, count all ballots before ending Election Day count. The Election Day count need not include: - machine- rejected ballots - >challenged ballots - 4write -ins -> ballots in provisional envelopes -+ ballots from other counties ---> reissued ballots replacement ballots 0 Reminder The post 8pm Election Day tally in any county may only be suspended with prior approval of the Secretary of State in an emergency situation. Once all ballots are counted and reconciled, but before t results of the ele certified or the tally system is shut down Within 48 hours of receipt and no later than the 3rd business day following the election Within 48 hours of receipt and no later than the 3rd business day following the election Repeat public certification test of vote tally equipment. Use the same selection of precincts, ballot formats and electoral districts as was performed at the election day public certification test. Observers may be present. See ORS254.485. Remember to distinguish in tally system maintenance log, maintenance performed after the preparatory test and before the final certification test. Log everything. Certify the results of the test. Begin transferring return ballot envelopes belonging to other counties as appropriate. Minimum standards include: Stamp date on each return envelope. Maintain a log recording the date, county and number transmitted. Fax or email the standardized form notifying other counties of method of delivery and number of ballots being transferred. Mail /Deliver voted ballots using traceable mail delivery service (such as UPS, Priority Mail, FedEx, Click N Ship, etc.) with notification to the home county. Transfer no later than the next business day after receipt. If not delivering in person, all voted ballots delivered to a county must be forwarded within 48 hours of receipt and no later than the 3rd business day following an election. Other states' ballots cast by Oregon voters in other states must not be counted in Oregon. Begin transferring ballots belonging to other counties that have been deposited in your county's dropsite. Notify the home county of the number of ballots you are forwarding, the date you are forwarding them and the manner in which you are forwarding them (e.g. UPS, Priority Mail, FedEx, Click N Ship, etc.). The ballots must be sent using a traceable mail delivery service or personal delivery. All voted ballots delivered to a county that are for another county must be forwarded within 48 hours of receipt and no later than the 3rd business day following the election. NLT 10 days after the Resolve all challenged ballots. election Process eligible challenged ballots. Prior to Upon car pl ton of the ballot count and prior to certification Resolve all provisional ballots. Process eligible provisional ballots. Reconcile the ballots. Compare the number of ballots processed with the return identification ballot envelope counts or computer voter history log for the precinct. If the counts do not match, the County Elections Official reconciles the totals to resolve the discrepancies prior to certifying the election results. NLT 20 days after the File abstract of votes with the appropriate Elections Officials. election NLT 30 days after the election NLT the 45th day r the election Complete calculation of percentage of voter turnout as provided in OAR 165 - 007 -0130. Determine voter turnout and issue certification of voter participation for measures requiring 50% turnout to be adopted. Post election certification notices of rejected ballot. Notify the voter of the reasons why the voter's ballot was not counted if the ballot was received by the 10th day after the election. The notice shall include information about the reason the ballot was rejected and what the voter could do to ensure that ballots in future elections will be counted. Send a notice to: - any voter who has not previously been notified that the voter's ballot was not counted because the voter did not sign the return identification ballot envelope -->a voter whose ballot was postmarked on the Friday before the election through Election Day and the ballot was received too late to be counted if the ballot was received within 10 days after the election See Appendix 9 for sample Notices of Rejected Ballot. After the Seal and store ballots. Seal and store all ballots, including ballots "received too late," provisional and challenged ballots: -> For Federal elections -2 years following the election -> For all other elections -90 days after the last date to contest the election Review Archive Retention Rules —OAR 166 -150 -0035. Store undeliverables 60 days after the last date to contest the election. Store all other records of the election (working papers, all return identification ballot envelopes, except those unaccepted, and master list of electors) for 2 years or 90 days if not a Federal election. 0 Reminder Consider storing ballots by precinct for recount purposes. Seal and store ballots in secure containers: ballots (voted, counted) -> defective ballot envelopes (originals of duplicated ballots) - rejected ballot envelopes (passed signature verification but not counted for some other reason) -> unaccepted ballot envelopes (did not get past signature verification step) -> challenged ballot forms (must remain confidential and be stored separately) Challenged Ballot County Elections Official Defective Ballot Duplicate Balks, Ballot that is held for further research because there is a question as to the voter's eligibility or because the signatures on the return identification ballot envelope and the registration card do not match. The county clerk or the county official in charge of elections. Ballots that cannot be accurately tallied by the counting equipment unless enhanced or duplicated. These are found by the inspection boards or are identified by the ballot counting equipment. A blank ballot onto which original votes are copied exactly for purposes of counting. A duplicate ballot is created when the original ballot is damaged, is not machine - readable and cannot be enhanced. Duplication Board Persons performing the task of duplicating ballots. Effective; Date of most current information received from the voter or USPS. This date is changed every Registration Date time the county receives an update or request from the voter resulting in a status change for the voter. This date also reflects a change of status from active to inactive, active to cancel, and inactive to cancel for the purpose of completing statutory purges, other than administrative /clerical corrections. If this is an active or inactive record in another county that is more current do not change the effective registration date contact the county with the current record to merge the records. Enhance HIAVA ID The process of modifying an original ballot in order to make it machine - readable, the process includes darkening a vote target so the counting equipment can "see" the vote or "opaquing" a vote target so the counting equipment will not read an extraneous mark or an erasure as a vote. The alterations must be removable so that the original ballot can be restored in the event of a contest of election. A ballot issued to a new registrant to Oregon who fails to provide the Department of Motor Vehicle or Social Security identification number required by the Help America Vote Act of 2002 and would not be qualified to vote on federal offices until those requirements are met. n Board Persons who perform the task of inspecting ballots after the ballots are removed from the secrecy envelopes and before the ballots are counted. Issue Date The date entered into the system to print (now or later) the VNC, or the date a modification was made to the voter record that automatically caused a VNC to be sent. This is the date that shows on the VNC. The original date of registration does not appear on the VNC. Long Term Absent Elects. As defined in ORS 253.510 and 253.530, a long term absent elector is a resident of this state absent from the place of residence and: serving in or discharged 30 days or less from the United States Armed Forces or United States Merchant Marine; temporarily living outside the territorial limits of the United States and the District of Columbia the spouse or dependent of a long term absent elector chine - Rejected Defective ballot that is not machine - readable, including a ripped or torn ballot, a ballot Ballot voted with an instrument that cannot be read by the machine or a ballot with extraneous marks within the read head path. The names of all voters to whom ballots were mailed. The list can be an electronic file or hard copy or return identification ballot envelopes. Affiliated Voter An elector who has chosen not to be a member of any political party as indicated on the voter registration card. Opening Board Persons performing the task of removing ballots from the return identification and secrecy envelopes. An individual(s) who has obtained prior approval from the County Elections Official in representing a candidate, measure, PAC, special interest group or Political Party for the purpose of observing the election processes. These individuals are only to observe and may not at any time interfere or interact with elections staff while they are performing their duties and must direct any questions only to a designated supervisory staff person. The County Elections Official may conduct tours and /or access to the public for educational and /or media purposes, not under the same observer classification as noted above. First date a voter registers in the state. This date is not modified after entry unless a clerical error is made at the time of entry. Provisional Bel- A ballot that is issued when the eligibility of the voter has not yet been determined or when the County Elections Official issues a ballot to a voter who resides in another Oregon county. Reissued Ballot A ballot that is issued to a voter by the County Elections Official to correct an error in the printing or issuing of an original ballot or to a voter who has updated and had requested a new ballot. Rejected Ballot Replacement Ballot Required g° Ballots that have passed signature verification but which cannot be counted because of other problems. These ballots are discovered during the opening process when boards are removing the contents from the return envelopes. Examples of rejected ballots include return envelopes containing more than one ballot, return envelopes received unsealed containing an unsealed secrecy envelope, etc. These ballots are considered "cast" for purposes of the turnout calculation. A ballot that is issued upon request from a voter when the original ballot has been destroyed, spoiled, lost or not received by the voter. Affiliates of a major or minor party and representatives of nonpartisan candidates that have notified the County Elections Official that a notice of the first vote tally machine public certification test is desired. Return The envelope issued by the County Elections Official for a particular election and used by the Identification voter to return a voted ballot. Envelope displays voter's name, address, precinct, ballot type and Ballot Envelope other pertinent information and provides a place for voter to sign under oath. Spoiled Ballot A ballot that cannot be counted because it is ruined in some way by the voter, it arrives at the elections office with the ballot return envelope and secrecy envelope unsealed, or the signature on the return envelope is not the signature of the voter to whom the ballot was issued. The County Elections Official can issue a replacement ballot for a spoiled ballot but replacement ballots must be voted and returned prior to 8pm on Election Day. Supplemental Ballot An additional ballot that is issued to voters due to a correction in or an addition to the original ballot sent for that election. Transaction Date Unaccepted Ballot Voter Notific Card (VNC) The date of a modification of any kind is made to a voter record in the voter registration module (other than a merge). Ballots that are not processed beyond the step of signature verification. Includes envelopes with no signature, wrong signature, signature does not match, ballots not returned in return envelope. These ballots are not considered "cast" for purposes of the turnout calculation. Ballot does not arrive before 8pm on Election Day. a.k.a. Precinct Memorandum Card (ORS 247.181) Voter Contirrraatic n Card A notice mailed to the elector whose registration appears to be invalid and whose registration (VCC) may need to be updated.(ORS 247.563) BT Ballot type CASS Certified Address Street Service GPC General Postal Card HAVA Help America Vote Act MINA Moved Left No Address NAV Non - Affiliated Voter NCOA National Change of Address NLT Not Later Than OAR Oregon Administrative Rule OCR Optical Character Recognition OCVR Oregon Central Voter Registration System ORS Oregon Revised Statute USE'S United States Postal Service UPS United Parcel Service VBii+i Vote by Mail VCC Voter Confirmation Card VNC Voter Notification Card VP Voters' Pamphlet rSample Election Observer Rules Office of Any County Clerk Elections Division Election Observer Rules Check in Procedures 1 All observers must report and sign -in daily at front counter. 2 An "Official Observer" badge will be issued and must be worn at all times. 3 All observers must be escorted by designated election staff to and from designated observer stations. 4 When leaving for the day, return the badge to the front counter. General Rules I, the undersigned, having been appointed as an observer of the (insert election date) process, agree to comply with the following rules: 1 Observers will conduct themselves in a professional manner. 2 Observers will remain silent and not interfere with the activities of Election workers. 3 Observers will address all questions to a designated supervisory staff member and comply with their directions. 4 Observers will wear the "Official Observer" badge at all times while in the ballot processing area. 5 Observers may not handle any ballots or election materials. 6 Observers must keep confidential and not divulge to anyone election results until after 8pm on Election Day. 0 Warning Violation of these rules may result in removal from the premises and may result in criminal and /or civil penalties as provided for in ORS 260.993 and ORS 260.995. Sig 9 Sample Oregon County Ballot Secur This sample county ballot security plan is intended to provide guic maximum requirements. unties— is Trot a statement of minimum or Oregon County Ballot Security Plan (as of latest revision date) Introduction A security plan must be submitted to the Secretary of State, Elections Division, not later than the 31st of January of each year. Any revisions to the plan must be submitted not later than one business day after the revision is made. The security plan and all supporting documentation is confidential and not subject to public disclosure. All ballots must be carefully secured from their inception in the county's computers, through printing, insertion, to the electors and final storage. This secure process must be followed through ballot reception, verification, inspection and counting. The County Elections Official must include accountability procedures for ballots during the election process. During each phase of the process the County Elections Official must maintain an audit trail for all ballots, whether voted or unused. Copies of all security agreements with outside vendors must be submitted to the Secretary of State as part of the overall security plan. This sample plan provides for security at the various stages of the election process in Oregon County. This sample plan provides a basis for an actual overall county security plan and is intended to be customized to fit each elections juris- diction's needs. II Ballot Security at the Printers The following security procedures are to be implemented to safeguard the ballots during the printing and binding process: - Ballots should be accessible only to authorized personnel while being printed. -->All ballots will be typeset using computers that do not allow access by unauthorized users, either on the printer's premises or from the outside. Backup documentation, printed ballots, and depending on the county tally system — any negatives, printing plates and metal plates, must be kept secure. - Include accountability methods for: Negatives Printing plates and ballots Audit trail of ballots III Ballot Storage Security All ballots, voted or unused, must be locked in a secure room and accessible to authorized personnel only. IV Ballot Security During Insertion -The secure room must be locked when authorized personnel are not present. Ballots must be stored in sealed boxes or a secure room until the insertion begins. - Security Agreement with Vendor: provide personnel assuring security on site an Oregon County Elections staff worker shall verify receipt of ballots upon delivery from the printer, first verifying the count of ballots received by style and number ordered page 1 of 3 V Ballot Security During Transport -> During transfer from printing vendor, ballots must remain in boxes that are sealed. If applicable, upon arrival to insertion vendor, vendor verifies receiving ballots to be inserted. After insertion of ballots, ballots are again stored. These are locked in a secure room until mailing. -For counties using a vendor for inserting ballots, ballots are picked up from insertion vendor site by the county or by Postal Service. At that time, the Post Office takes custody of the ballots. - > Unused ballots from insertion site are brought back to the County Elections Office by authorized personnel. - > Between Post Office and /or Vendor Presort and Elections (for ballots mailed from Elections Division), ensure that all ballot envelopes are sealed or that authorized personnel accompany the ballots to the Post Office or Vendor Presort. - > For counties using separate locations for ballot verification and ballot processing, ensure all ballot envelopes are sealed and that authorized personnel accompany the ballots between buildings. - Between Dropsite and Elections: Authorized personnel shall package all voted ballots received in transport carrier boxes provided by the county election office. The boxes shall be securely sealed with seals provided by county elections. Transport between sites shall be provided by two authorized personnel, enforcement or deputized personnel. Transporters shall not stop, park or leave the ballots unguarded while en route to processing, in order to maintain security. If using two elections staff, it is recommended they be of different political parties. VI Ballot Security at Dropsites - Secure ballot boxes shall be within sight of an authorized person throughout the hours that the site is open to the public or secured in such a manner as to prevent tampering (e.g. mailbox type installed drop slots that are permanent.). The box shall be removed from public view at end of each site workday, and locked at a secure location assuring the security of the ballots. -When the box is full or at specified times during the election time frame, the ballots that have been turned in shall be removed from the secure ballot box, placed in a secure transport carrier box and forwarded to the county elections office via two authorized personnel or by law enforcement or deputized personnel. The authorized personnel shall have written authorization signed by the election official and show it to the Dropsite personnel for verification prior to turning over the ballots. ->Each site shall have a joint security agreement signed by the Drop Site Manager and the Election Official. - Dropsite Security forms must be completed and filed with the Secretary of State. VII Security of Voted Ballots Awaiting Verification -Voted ballots are retrieved from the Post Office on a daily basis or as often as required. Ballots are also removed from official ballot reception boxes as necessary. All problems, such as the ballots with no signatures, are separated and investigated at this time. -While ballots are being processed, access to this space shall be limited to authorized personnel only. See Observers Rules, Appendix 1 of VBM directive. VIII Security of Voted Ballots Verified and Awaiting Inspection -*After signature verification, the acceptable voted ballots shall be sorted by precinct (if required by vote tally system), counted and kept in a secured manner and location. All ballots other than accepted voted ballots should be stored in a secure area. page 2 of 3 IX Security of Voted Ballots Opened and Inspected - Ballots that have been inspected and are awaiting vote tally are kept in sight of authorized personnel and /or law enforcement or deputized personnel at all times. If ballots cannot be counted by the end of the day, county election officials shall secure ballots until the tally of ballots begins. X Ballot Tally System —>A county security plan must contain information specific to the county ballot tally system to ensure computer access security. Only authorized personnel may access the system. -The plan must also contain provisions for the security of offsite storage for systems backup. XI Post Election Security Seal and store all ballots, including ballots "received too late," provisional ballots and challenge ballots in a secure facility accessible only to authorized personnel. XII Other Security Considerations - Security associated with media relations groups. - Security at times when ballots are being processed, such as during verification or during processing— access to spaces where ballots are being handled shall be limited to authorized personnel. Security associated with elections observers: Observers will be limited depending on amount of space. Interested observers must sign and comply with the Election Observer Rules. See for an example —VBM directive, Appendix 1, Observers Rules. XIII Emergency Circumstances -� Include in a county security plan any plans to handle ballot processing and security of such, in the event of various emergency circumstances. page 3 of Ie Rep cement `al Re Snvelope, Specia Printed front of sample envelope not to scale Replacement Ballot Return Envelope replacement ballot enclosed ��ll ELECT1N�N MAI' * ktiGic ZP110 '1,f * County Elections Office Address City State Zip back of sample envelope not to scale Voter's Statement By signing, I certify that: _* lam the person to whom this ballot was issued. . lam legally qualified to vote in the county that issued this ballot. —) This is the only ballot l have voted this election - I still live at the address where lam registered to vote. Replacement Ballot Statement By signing this envelope, I certify that l have requested this replacement ballot. voter's signature Sample " eplacement Ballot Return Envelope, Rubber Stamp front of sample envelope not to scale Ballot Return Envelope ballot enclosed REPLACEMENT BALLOT a * *ELEftl I*i:MAI AAWemedbyThetis Postal s ,wa. County Elections Office Address City State Zip back of sample envelope not to scale REPLACEMENT BALLOT Voter's Statement By signing, I certify that: _ lam the person to whom this ballot was issued. . lam legally qualified to vote in the county that issued this ballot. —> This is the only ballot I have voted this election - I still live at the address where I am registered to vote. Replacement Ballot Statement By signing this envelope, I certify that I have requested this replacement ballot. voter's signature Sample Vote by Mail Challenge Form Vote by Mail Challenge Form SEL 535 rev 1/00: ORS 254.415 0 Election Official 4. precinct number 0 Elector challenge number „,— Oath print name of person being challenged is challenged as a qualified voter for the following reason: signature of elector making challenge address of elector making challenge • Reminder For an election conducted by mail a person's ballot may only be challenged before the ballot is removed from its return envelope for processing. signature of :Count 144 Subscribed and affirmed before me this day of , 20 WM, signature of County Elections Official Sample Provis nal Hall i etu n Envelope front of sample envelope not to scale Provisional Ballot Return Envelope County Elections Office Address City State Zip back of sample envelope not to scale Provisional Ballot Return Envelope election date precinct ballot type voter's name Voter's Statement By signing, I certify that: lam the person to whom this ballot was issued. _ lam legally qualified to vote in the county that issued this ballot. .. This is the only ballot I have voted this election _.> I still live at the address where lam registered to vote. voter's signature Sample Dropsite Securi Plan Any County, Oregon Official Sites for Ballot Deposit Security Plan (Dropsites) Date of Election date /hours transport security/ frequency of collection security other security measures include whether box is supervised and /or (ie. daily supervision of box, security permanently mounted cameras, etc) ecorder's Office , 10/20 -11/6 Usual business hours; 11/7 until 8pm Sgafot► pity R 1 10/20-11/6 Usual business hours; 11/7 until 8pm Mondays, Fridays and Election day in the morning, afternoon and during 8pm sweep Padlock on ballot box; box is locked in a secure room in city hall at night by city staff. Drop box in lobby of the recorder's office in sight of city staff. ,oiler's Of l Mondays, Fridays and Election day in the morning, afternoon and during 8pm sweep Padlock on ballot box; box is locked in a secure room in city hall at night by city staff. Drop box in lobby of the recorder's office in sight of city staff. Olympian City Recorder's Office 10/20-11/6 Usual 11/7 until 8pm Mondays, Fridays and Election day in the morning, afternoon and during 8pm sweep Padlock on ballot box; box is locked in a secure room in city hall at night by city staff. Drop box in lobby of the recorder's office in sight of city staff. Duck City] 10/20 -11 /6 Usual business hours; 11/7 until 8pm Mondays, Fridays and Election day in the morning, afternoon and during 8pm sweep Padlock on ballot box; box is locked in a secure room in city hall at night by city staff. Drop box in lobby of the recorder's office in sight of city staff. Drop box monitored at night by a surveillance camera. Green Leaf Park Dfstrsictf3ffioe in Wiaoyl 10/20 -11/6 Mondays, Fridays and Usual Election day in the 11/7 during 8pm sweep until 8pm Padlock on ballot box; box is locked in a secure room in city hall at night by city staff Extra long hours, open on weekends Any County Clerk's Office in lobby of County Courthouse 10/20 -11/6 Daily Usual business hours; 11/7 until 8pm Locked box during day; box locked in secure room in clerk's office at night Drop box unattended at courthouse lobby, courthouse doors staffed by sheriff's deputies at metal detecting machine. Drive Through Drop Box in East Parking Lot of Courthouse 10/20-11/6 24 -hour access; 11/7 until 8pm Daily Locked and anchored to the ground. Ballots may be deposited without leaving the car. 10/20-11/6 24 -hour access; 11/7 until 8pm Daily Locked and anchored to the ground. Ballots may be deposited without leaving the car. County Elections Official: Date: Sa .pIo Sig u 'raiQn Problems Signature change has taken place because of age or other factors. If the change is too great, recommend that the subject re- register. Signature 2 should be challenged as a possible forgery. Check the registrations of other registered voters in the household with signature 2. The signatures show differences, but the differences could be attributed to when the signature was made and the age of the writer at the time. Recommend that the subject re- register. Signature 1 displays different capital letters and pre- strokes of lower case letters than signature 2. Take into account the time factor (e.g. signature 1 was written in 1967 and signature 2 was written in 1984). Signature 2 shows a great difference and change from signature 1. Registered subject might have been influenced by calligraphy, etc. or other subject is responsible. Recommend that the subject re- register. Signatures cannot be compared. Signature 1 is handprinted and signature 2 is handwritten. Recommend that the subject re- register and use the signature that he wants recognized as his official voting signature. Sample Notice of R cted B lot Office of Any County Clerk Elections Division Notice of Rejected Ballot Dear Elector, I regret to inform you that your ballot for this past election was not counted. We are providing you this notice so next election you can correctly vote your ballot and your ballot will be counted. Your ballot was not counted for one of the following reasons: -4You did not sign your return identification ballot envelope and did not respond to our attempt, if any was possible, to contact you; or --)Your ballot was received after 8pm on Election Day and the postmark indicated you mailed your ballot too late. Please note, if you are not sure you have enough time to mail your ballot we recommend you use an official drop site box to assure your ballot will be delivered in time. Sincerely, County Elections Official g e Presidential Only Ballot Request Form Presidential Only Ballot Request Form Complete the questions below as they apply to your situation to help determine the eligibility to count your provisional ballot. i 1 2 1 Have you previously attempted to register here in this county? Oyes Ono a If yes, how and where did you attempt to regster? b Did this office return the registration card to you? O yes Ono c If so, provide reason indicated in the letter or provide a copy of the letter received. Explain any special circumstances regarding your registration (ie. why do you feel you are entitiled to vote in this election even though it is past the registration deadline ?) Complete Below for Presidential Only Ballot ORS 247.410 Have you moved here from another State? Oyes Ono a If yes, what was the exact day /month /year you moved to the state? b What was the city, county and state you moved from? c What is the city, county and state you moved to? d Have you voted for US President in another state since moving? Primary O yes 0 no General 0 yes O no I attest /affirm that the above is true and correct. signature date signed rSample HA VA Voter Registration Iden ice i n e or Office of Any County Clerk Elections Division Voter Name Voter Address Date Dear, County Elections has received your voter registration card. However, we are unable to complete your registration because identification information required under federal law was not included with your registration application. You must provide the required identification information. Until you have provided this required information, your votes on federal offices, including President of the United States will not be counted. You may send in a new registration form including the required information. The federal Help America Vote Act of 2002 now requires individuals registering to vote in federal elections to provide the following identifying information with their registration application: If you have a current, valid Oregon DMV Driver's License /ID, you must provide that number. -4 If you do not have a current, valid Oregon DMV Driver's License /ID, you must check the appropriate box on the registration form and provide the last four digits of your Social Security number. If you do not have a current, valid Oregon DMV Driver's License /ID or a Social Security number, you must check the appropriate box on the registration form. In addition, if you do not have a current, valid Oregon DMV Driver's License /ID or a Social Security number and you are registering by mail, you must check the appropriate box on the registration form and provide a copy of one of the following: —>A current and valid photo identification that shows your name. If an expiration date is provided on the photo identification that identification must not have expired. or -A current utility bill, bank statement, government check, paycheck or other government document that shows your name and address. The address listed must match the residence or mailing address submitted on your voter registration card. This identification must be received in order to complete your registration for the next Federal Election (an election in which a federal candidate is nominated or elected). You may provide this identification: -*by mail or -� in person at your County Elections Office It is important to act promptly. Please contact our office at XXX -XXX -XXXX if you have any questions regarding this matter. Sincerely, County Elections Official C Sample Voter Registgatio again" Letters Office of Any County Clerk Elections Division Notice of Incomplete Voter Registration this should be sent if questioning new voter registration cards or updates under ORS 247.174(2) Date Dear, We received your voter registration card in the mail on . It was determined upon review of the card that we need further information before we can process this registration. We have determined this for the following reason: -Our records indicate that the residence address you listed on your voter registration card is actually a business address. -Our records indicate that the residence address that you listed on your voter registration does not exist. We have been unable to verify the address as being a valid residence address in our County. Our records indicate that this may be a vacation residence and your permanent residence is elsewhere. - )Other Reason Oregon law states that a person's residence must be the place in which habitation is fixed and to which, when the person is absent, the person intends to return. Please contact us at XXX -XXX -XXXX or provide us additional written evidence to consider in determining your eligibility. If we do not receive a response from you, it could result in rejection of your voter registration. Sincerely, County Elections Official Office of Any County Clerk Elections Division Notice of Rejection of Voter Registration this should be sent if questioning voter registration per ORS 247.174(2) Date Dear, On (date), the (County name) County Elections Office sent you a letter questioning your voter registration. Since a response was not received, we are rejecting your registration, as authorized by ORS 247.174(2). You may apply to the elections office to request a hearing. The request must be received in our office no later than the 10th day from the date of this notice. We will then notify you of the date, time and location of the hearing. At the hearing, you may present evidence of qualification. Sincerely, County Elections Official Office of Any County Clerk Elections Division Notice of Hearing to Determine Voter Eligibility Per ORS 247.174(3) this should be sent if voter requests a hearing under ORS 247.174(3) Date Dear, We have received a request from you for a hearing to determine your qualifications as a voter in (County name) County. Below is the date, time and location of the scheduled hearing. At this hearing, you may present evidence of qualification. Attached to this notice is a list of factors that can be considered in determining residency for a person. If upon conclusion of the hearing, it is determined that you are qualified, your registration will be processed. The hearing is scheduled for: at a.m. /p.m. The location of this hearing will be If you have any questions, please call our office at XXX -XXX -XXXX. Sincerely, County Elections Official Office of Any County Clerk Elections Division Voter Registration Inquiry this should be sent if questioning voter registration as authorized under ORS 24Z 195 Date Dear, In reviewing our records, it appears that the residence address listed on your voter registration card may be inaccurate. Listed below is the information we show on your voter registration. If your name, residence address, mailing address, or political party has changed, you must update your registration. A voter registration card is enclosed for that purpose. If this information is correct, please sign the statement at the bottom of this letter and return this letter to us. If we do not receive a response from you by (not later than the 20th day from the date of this notice), this may require further review and could result in your voter registration either being rejected or cancelled. Name: Residence: Mailing Address: Political Party: 0 By marking this circle and signing below, I certify that my name, address, and political party shown are correct. signature date Office of Any County Clerk Elections Division Notice of Hearing to Determine Voter Eligibility Per ORS 247.195(2) this should be sent if questioning voter registration as authorized by ORS 247.195(1) Date Dear, On (date), the (County name) County Elections Office mailed you a letter inquiring into the validity of your registration. Because we have not received an adequate response from you, a hearing will be scheduled so that you may present evidence of qualification. Attached to this notice is a list of factors that can be considered in determining residency for a person. If upon conclusion of the hearing, it is determined that your registration is not valid, your voter registration will be cancelled. The hearing is scheduled for: at a m /p m The location of this hearing will be: If you have any questions, please call our office at XXX -XXX -XXXX. Sincerely, County Elections Official Elections Division 255 Capitol St NE Suite 501 Salem, Oregon 97310 phone 503 986 1518 fax 503 373 7414 web www.sos.state.or.us EXHIBIT D Vote by Mail Frequently Asked Questions In 1998 Oregon voters overwhelmingly passed a ballot measure directing elections be conducted by mail, commonly called Vote by Mail. This replaces traditional polling place elections. What is Vote by Mail? Vote by mail is a method of distributing ballots for an election. Instead of using traditional polling places where voters go to cast ballots on election day, a ballot is mailed to each registered voter. The ballot is then voted and returned to the county election office to be counted. If you need a private, secure place to mark your ballot, contact your county election office. Every county provides privacy booths where you can mark your ballot. Usually, you can drop off your completed ballot at the same location. Why are elections conducted by mail? The major reasons to conduct an election by mail include: • Increases voter participation • Removes barriers that can keep people from getting to the polls • Allows more time for people to study issues and candidates before marking the ballot • Has built -in safeguards that increase the integrity of the elections process • Saves taxpayer dollars As a registered voter, what do I have to do? If your registration is current, your ballot packet will automatically be mailed to you. Inside the packet you will find the ballot, a secrecy envelope and a return envelope. Once you vote the ballot, place it in the secrecy envelope and seal it in the pre- addressed return envelope. Be sure to sign the return envelope on the appropriate line. After verifying that the return envelope has your name and current address, simply return the ballot either by mail or at a designated drop site. When are the ballots mailed to the voters? In Oregon, ballots will be mailed any time between the 14th and 18th days before an election. I will be out of town when ballots are mailed. How do I get a ballot? Absentee ballots are available 45 days before the election. You may request an early absentee ballot from your county election official either in person, by mail, or by fax. You will need to include your name, residence address and, if different, your mailing address. What if my ballot doesn't come? If you have not received your ballot within a week after they are mailed, call your county election office. They will check that your voter registration is current. If it is, they will mail you a replacement ballot. What if I have moved and have not updated my registration? If you are registered to vote by the 21st day before the election but now have a different address, you may contact the county election office. They will instruct you as to available options. How do I get information about the candidates and issues? You will receive a voters' pamphlet from the Secretary of State for all statewide elections. Many counties also produce a local voters' pamphlet which is either included with the state pamphlet or mailed separately. In special elections, the county may include the pamphlet with the ballot. What if I make a mistake? If you make a mistake, you may call your county election office and request a replacement ballot. One will be mailed to you provided the request is received with sufficient time for mailing. Otherwise, you may pick up a replacement ballot in person at your county election office. Your ballot has been cast as soon as you deposit it in the mailbox or at a drop site. After that, you cannot receive a new ballot to re -vote. Do I have to return my ballot by mail? You have the choice of mailing your ballot or returning it to any county election office or any designated drop site in the state. The times and locations of drop sites are published by and available from your county election official. How much postage is required to mail my ballot back? Your voted ballot can usually be returned without extra postage. In those instances where additional postage is necessary, it will be clearly indicated on the ballot materials. When must the voted ballot be returned? The voted ballot must be received in any county election office or designated drop site by 8pm on election night. Postmarks do not count. How do I know if my ballot is received? You may call your county election office and ask if they received your ballot. A record is kept showing each voter whose ballot has been returned. Can anyone find out how I've voted once I mail my ballot? No. All ballots are separated from the return envelope before the ballots are inspected. This process ensures confidentiality. Will my vote still count if I forget to put my ballot into the secrecy envelope? Yes, the ballot will still be counted. Can the public watch the election process? All steps of the process are open to observation by the public. The major steps include: • Preparation for mailing (about one month before the election). • Ballot reception and signature verification (during the two weeks before the election). • Opening envelopes and preparing ballots to be counted (usually starts 5 days before the election date). • Counting ballots (election day). When will election results be known? Ballot counting cannot begin until election day. Initial results are released at 8pm election night and will continue to be updated through the evening until all ballots have been counted. What if I have more questions? Call your county elections official. Each office will be more than happy to assist you. EXHIBIT E COUNTY OF HAWAI'I ABSENTEE BALLOT STATISTICS Primary Election Year Total Reg. Voters Voter Turnout % Voter Turnout Total AB Mail -in % Voters Total AB Walk -in % Voters Total AB Vote Total AB Vote % a) z° 1988 49,510 32,921 66.5 876 2.7% 2,356 7.2% 3,232 9.8 * 1990 53,604 39,347 73.4 1,225 3.1% 3,454 8.8% 4,679 11.9 1992 58,331 41,296 70.8 1,952 4.7% 4,614 11.2% 6,566 15.9 1994 61,224 36,377 59.4 1,868 5.1% 5,302 14.6% 7,170 19.7 1996 69,530 38,648 55.6 2,308 6.0% 6,602 17.1% 8,910 23.1 1998 75,205 38,988 51.8 2,316 5.9% 6,868 17.6% 9,184 23.6 * 2000 83,052 36,027 43.4 2,458 6.8% 6,941 19.3% 9,399 26.1 2002 88,499 35,647 40.3 3,802 10.7% 7,702 21.6% 11,504 32.3 2004 85,183 33,324 39.1 5,241 15.7% 7,308 21.9% 12,549 37.7 * 2006 90,402 38,546 42.6 7,152 18.6% 8,171 21.2% 15,323 39.8 2008 95,829 40,017 41.8 7,708 19.3% 8,374 20.9% 16,082 40.2 2010 100,061 39,477 39.5 7,219 18.3% 8,870 22.5% 16,089 40.8 General Election Year Tot. Reg. Voters Voter Turnout % Voter Turnout Total AB Mail -in % Voters Total AB Walk -in % Voters Total AB Vote Total AB Vote % 1988 52,221 44,195 84.6 1,549 3.5% 2,574 5.8% 4,123 9.3 1990 55,940 44,799 80.1 1611 3.6% 3,122 7.0% 4,733 10.6 1992 62,023 52,529 84.7 2,639 5.0% 4,797 9.1% 7,436 14.2 * 1994 63,677 48,907 76.8 3626 7.4% 5,689 11.6% 9,315 19.0 1996 71,270 50,464 70.8 4,290 8.5% 7,350 14.6% 11,640 23.1 1998 77,726 53,658 69.0 4,032 7.5% 8,168 15.2% 12,200 22.7 2000 84,421 51,388 60.8 11,677 22.7% 7,268 14.1% 18,945 36.9 * 2002 89,478 50,368 56.3 6,615 13.1% 8,797 17.5% 15,412 30.6 2004 87,812 57,994 66.0 8,511 14.7% 10,606 18.3% 19,117 33.0 2006 91,596 48,684 53.2 8,946 18.4% 8,782 18.0% 17,728 36.4 2008 99,337 67,258 67.7 11,799 17.5% 17,107 25.4% 28,906 43.0 * 2010 101,009 53,867 53.3 9,877 18.3% 10,253 19.0% 20,130 37.4 * Note When percentages do not add to the expected number, it is due to rounding. Print Date:9/22/2011