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Home My WebLink AboutCOM 1063.001 2012-2014�YY_oc h, STEWART MAEDA J'J•�� ' MAILE DAVID County Clerk :} Deputy County Clerk art cs•N►r+ County of Hawai `i Office of the County Clerk 25 Aupuni Street, Suite 1402 • Hilo, Hawai'i 96720 (808) 961 -8255 • Fax (808) 961 -8912 � c'a CDn MEMORANDUM Date: 09/29/14 N __ To: J. Yoshimoto, Council Chair r-' and Members of the Hawaii County Council From: tewart Maeda, County Clerk Office of the County Clerk Regarding: Issues regarding the 2014 Primary Election and Emergency Preparedness for the 2014 General Election This memorandum is provided in response to a request from Council Member Ford to address primary election issues relating to Tropical Storm Iselle and how the Elections Division will prepare for similar events should they occur in the future. In addition, Council Member Ford is requesting a written emergency plan for the General Election in view of the ongoing lava flow threat and potential future storms. Primary Election and the Impact of Tropical Storm Iselle: 1. When it became apparent that Tropical Storm Iselle would impact Hawaii Island, it was publicized via radio announcement that voters were encouraged to vote early either via absentee ballot or at one of the four early walk -in voting sites throughout the County: Hilo, Kona, Waimea, and Ka'u. 2. On August 6, 2014, the day before the storm was expected to impact the State, it was publicized via radio announcement that the hours for the early voting sites on Hawaii Island would be extended to 6 PM on the 6'h 3. On August 8, 2014, the day after Tropical Storm Iselle made landfall on Hawaii Island, County Clerk Stewart Maeda and Elections Administrator Pat Nakamoto met with Civil Defense Chief Darryl Oliveira to assess precinct accessibility. Based on information available to Civil Defense, it was determined that two precincts had been rendered inaccessible due to damage from Tropical Storm Iselle: 04 -01, Hawaiian Paradise Park Community Center, and 04 -02, Keonepoko Elementary School. All other precincts on Hawaii Island were accessible. It was not possible at that time for Civil Defense to provide a definitive timeline for when access to the two precincts would be restored. This information was relayed to the State Office of Elections and later that afternoon, the Chief Election Officer issued a Proclamation postponing the election at the two affected precincts and requiring voters registered in those precincts to vote by absentee ballot. Comm. No Ref. To:� Ref. Date P 4. On Election Day, August 9, 2014, after the polls had opened, State Senator Russell Ruderman reported to the County Clerk that some residents of lower Puna registered to vote in precincts 04 -03 and 04 -04 were unable to leave their homes due to storm damage and that roads leading out of the area were also impassable. a. The County Clerk relayed this information to the State Office of Elections who in turn relayed this information to the Attorney General to inform the Governor. Once the polls are open, only the Governor, pursuant to his emergency powers under Act 111, can extend polls or otherwise use his general emergency powers as he sees fit to protect the health, safety and welfare of the people. Ultimately the Governor did not extend the polls. Voter turnout numbers for the 2014 Primary • Precinct 04 -03 — 399 votes cast (26 %) • Precinct 04 -04 — 354 votes cast (29 %) 5. On Monday, August 11, 2014, Civil Defense reported that road access in the impacted areas had been restored. This information was relayed to the State Office of Elections. In consultation with the County, the State Office of Elections determined that holding the postponed election at a polling place, rather than by absentee ballot, was now possible and would therefore be the most appropriate course of action under the circumstances. Various factors were considered in reaching this determination, which was ultimately made by the State Office of Elections. Among the factors considered: a polling place election would allow for a more timely conclusion to the primary election, and would most closely replicate the experience of the other voters who had already cast their votes. Protecting the integrity of the election requires that any postponed election be held without undue delay, and in a manner most closely resembling the experience of other voters. a. There is national precedent to support this decision. Nationally, any postponed primary election has been held as soon as possible and I am unaware of any examples of a general election being postponed or delayed due to a natural disaster, or for any other reason, including war. 6. Following these discussions with the County on August 11th, the State Office of Elections issued a second Proclamation establishing that the postponed election for precincts 04 -01 and 04 -02 would be conducted on August 15, 2014 at Keonepoko Elementary School. Please note that pursuant to Hawaii Administrative Rules § 3- 172 -88 any postponed election which will utilize a polling place must be held within 7 days of the originally scheduled election. a. The public was informed of the postponed election via: • TV news, newspaper, radio and internet • Letters were mailed to each registered voter who did not already vote • Banners were erected on roadways informing voters of the election • Flyers were sent home with school children • Flyers were posted in public areas • Door to door distribution of informational flyers by the County Clerk and Deputy County Clerk to the most isolated area, Wa'a Wa'a Additionally, the County provided a free shuttle services throughout the day on August 15th to transport voters in the impacted areas to and from the polling place at Keonepoko School. b. Voter turnout numbers for the 2014 Primary Election: • 04 -01 -35% • 04-02-39% • County wide - 37.5% • Statewide - 41.5% 2 Note: These percentages are calculated based on Precinct, early voting and absentee mail numbers. This information is located on the State Office of Elections website. General Election and impending lava threat: 1. The lava threat may impact precincts 04 -02 (Keonepoko), 04 -03 (Pahoa High School) and 04 -04 (Pahoa Community Center). 2. Since September 17, 2014, Elections Division staff have been present daily at the Pahoa Informational Center to answer questions from the public and to provide absentee ballot applications. 3. On September 23, 2014, the Office of the County Clerk- Elections Division sent a letter to the 7542 registered voters in those precincts which may be impacted. The mailing included an application for a seasonal absentee ballot. The letter also informed voters that they may provide a temporary mailing address to receive their absentee ballot. 4. An early voting absentee walk site will be set up at the Nanawale Community Center from 10/21/14 to 10/31/14 so that voters registered in any precinct can vote early. 5. The Office of the County Clerk, Elections Division remains in regular weekly contact with the State Office of Elections to discuss and prepare for the potential impacts of the lava flow. Planning for Future Emergencies: Planning for future emergencies requires prudent forethought and effective good communication with State, County and community stakeholders. This will be done by: • Attending, if warranted, daily Civil Defense Emergency Operations Center meetings. • Coordinating daily phone conferences with the State Office of Elections in the week leading up to the election. • Issuing a news release encouraging voters to vote using the early voting sites or absentee mail ballot if time allows. • Assessing the need to extend early voting site hours. • Assessing polling place conditions and equipment 48 and 24 hours prior to the election. • Contacting precinct election workers 48 and 24 hours prior to the election to confirm their availability on Election Day. • Assessing County elections staff availability 24 hours prior to the election. • Meeting with Civil Defense and State Office of Elections 24 hours prior to the election. • If the decision prior to the polls opening is to postpone or consolidate a precinct, have clear signage indicating such at each affected precinct. • On Election Day, keep State Office of Elections apprised of pertinent issues which may require an executive order such as keeping precincts open longer if warranted. • Meet with State Office of Elections, Civil Defense and other necessary stakeholders immediately after the election to assess the situation and formulate next steps as they pertain to a postponed election. 3 Conclusion: The very nature of a natural disaster requires that adjustments be made to the normal operations of the election process while maintaining the integrity of the election. In making these adjustments under challenging and evolving circumstances, the State and County Office of Elections must heed legal requirements and be mindful of basic election principles. These principles of fairness require that election results be determined in a timely manner and that there be minimal discrepancies between the experiences of the electorate. The circumstances of the 2014 Primary Election presented a number of challenges and I feel confident that the elections officials made the best decisions they could with the information available. We are especially grateful for Elections Program Adminstrator Pat Nakamoto and her staff for all their hard work in carrying out the primary election under very challenging circumstances. 4