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HomeMy WebLinkAboutMINUTES - 02011994 - FC.1 TO BOARD OF SUPERVISORS FROM: Finance Committee, Tom Torlakson C ltra Gayle Bishop Cwa DATE'. February 1, 1994 CQ(ar'nj/ SUBJECT: REPORT ON RECOMMENDATIONS FOR VOTE BY MAIL LEGISLATION SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION I RECOMMENDATIONS: 1. Accept the :report from the County Clerk/Registrar of Voters which analyzes the mail only ballot experiment in Stanislaus County last November. 2. Request the Secretary of State to conduct a critical analysis of the mail only ballot experiments in the state. 3. Request the Finance Committee consider the mail only ballot issue after an analysis of the matter is conducted by the Secretary of State. BACKGROUND: On January 24, 1994, the Finance Committee took testimony from the County Clerk and Assistant Registrar regarding the mail only ballot experiment in Stanislaus County. After discussion, the Committee supported the position of the County Clerk that new legislation should not be supported until the Secretary of State conducts a critical analysis of the results of the program in Stanislaus County. Attached is the report prepared by the County Clerk. CONTINUED ON ATTACHMENT: YES SIGNATURE: al� 11 A^ /J RECOMMENDATION OF COUNTY ADMINISTRATOR _. RECOMMENDATION O BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON �y -- APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS (ABSENT AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES. _ AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. Cc: County Administrator, C. Van Marter ATTESTED if C PHIL BATCHELOR, ERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR BY /� - M382/7-83 DEPUTY C. OFFICE OF THE CLERK-RECORDER CONTRA COSTA COUNTY Courthouse Building, First Floor Room 103 Martinez, California M E M O R A N D U M DATE: January 20, 1994 TO: Board of Supervisor's Finance Committee FROM: Steve Weir, County Clerk Bob Delevati, Asst. Registrar SUBJECT: Vote By Mail Analysis By Board action dated November 9, 1993, we have been asked to give the Board of Supervisors a report on the mail only ballot experiment that took place in Stanislaus County last November. Despite the self claimed success of this program, we believe that a critical analysis is warranted in exploring any new or innovative elections practice. While the Deputy Secretary of State, the Oakland Tribune Editorial Board, the Contra Costa Times and an Associated Press article mailed to you this month have reported the Stanislaus program a success, we believe that critical components of that election have yet to see the light of public policy discussion. Prior to presenting my response to the Stanislaus case, we would like to provide you with a brief history of the vote by mail. At one time, vote by mail or absentee voting was strictly limited to those unable to go to the polls due to a disability or sworn absence from the county. The law was and is specific as to what disabilities qualify a voter for the absentee voting rolls. With the liberalization of election law, the Legislature has permitted the permanent absentee rolls to exist, anyone wanting to vote by mail is permitted to do so. One only has to fill out an application that is readily available in our sample ballots or use one provided by any given special interest group. Our elections roll contain some 9, 100 permanent absentee voters. This represents approximately two percent of our registered voters in Contra Costa. However, as you know, of those who are voting at any given election, we are finding that between 20 and 25 percent of those actually voting are doing so by mail. Having an election with fully staffed and fully stocked polling places and having a significant number of people voting by mail is a duplicative and costly process. Absentee voting is a labor intensive process costing approximately double the cost of voting at the polls. In addition, until recently, we were required to Memo to: Board of Supervisors Finance Committee From: Steve Weir, County Clerk Date: January 20, 1994 page two have a ballot at the polls for every person registered in that precinct even if we knew that only half of the voters would vote in that precinct and of those voting, some 20 percent would do so by mail. In the past few years, the Legislation has reduced the number of ballots required to be stocked at our polling places. Past law did allow elections officials to conduct mail only ballots for precincts that contained 100 or fewer persons registered 54 days prior to an election. AB 1590 (1992) amended that rule so that elections officials can conduct mail only ballots in precincts where there are 250 or fewer voters 88 days prior to an election. The only additional burden on the elections office in mandatory mail only ballots is that the elections office must pay the return postage when there is only the mail only option. The Stanislaus experiment at the November 2 , 1993 Election was declared by some as a rousing success. We agree with this generalization. (However, we want to point out that we have grave concerns for some aspects of the way this election was conducted. ) It was reported that the vote by mail process increased voter turn out significantly, reduced elections costs by one-third and had other ancillary benefits. From Steve Weir's discussions with Stanislaus County Clerk/Recorder, Karen Mathews one week after their election, we found her program to be well thought out and well executed. Here is a summary of our discussion points: * Stanislaus has 175, 000 voters (C.C. has close to 500, 000) * 77 , 000 voted by mail (C.C. already has a similar mail vote in major elections) * Approximately 2 , 000 returned ballots were "bad" ie, not signed (This is a very low number by our experience) * There were 59 ballot types, only one ballot card (We usually have over 100 ballot types and many cards. This impacts mailing costs and processing costs. ) * System requires signature retrieval (C.C. has this system, would need additional stations to check signature) * System requires bar coding envelopes (2) (This is a good idea for any system using signature retrieval. C.C. does not have such a system at this time) * Envelopes being mailed out and return enveloped need to be directly printed with voter identification information. (Contra Costa uses a dual label system which is now hand affixed) Memo to: Board of Supervisors Finance Committee From: Steve Weir, County Clerk Date: January 20, 1994 page three * All ballots were mailed out third class (This is not done in C.C. and we would not recommend such a practice) * All returned ballots (postage paid by elections) were charged out at twelve cents! (C.C. consistently experiences costs costs in the range of 35 cents to 40+ cents for returned envelopes. * Elections officials had to hand sort ballots by precinct for statistical purposes to arrive at a precinct by precinct election result. Stanislaus points out that ballots need to be coded by precinct if the computer is to be able to do this task. * Stanislaus' election was simple; one ballot card and one insert. The sample ballot was a simple one fold paper, hand stuffed with a one card ballot! Most elections are not this simple. Contra Costa ' s sample ballot mailing is automated. Our absentee voter packets are hand processed. * They used zip plus four (C.C. does this as well) * Stanislaus postal officials treated all election mail as if it was first class. This issue is critical to the financial success of this program. Contra Costa has had problems with sample ballots which are to be treated as first class mail. In the November, 1993 elections, we had problems with sample ballots in Antioch and Pinole being stored for one and almost two weeks prior to mailing. * The success of this program clearly hinged on voter education and postal cooperation. The media was very cooperative in providing free information on the need to sign return envelopes, not to mail after Friday, sites were ballots could be dropped off and problems with third party drop offs. * Delay in results occurs with high mail ballot programs. Voter turn out was touted as a bi-product of this program. Press accounts quote normal "off year elections" as having a 19 percent turn out whereas this election yielded over 40 percent. What needs to be considered is that the November, 1993 election was a special election called by the Governor to place before the voters the sales tax extension and the voucher initiative. Turn out figures need to be more closely analyzed. In November, 1993 , Contra Costa County had a 42 . 6% turn out. In Contra Costa' s mail only ballot Memo to: Board of Supervisors Finance Committee From: Steve Weir, County Clerk Date: January 20, 1994 page four precincts, which were spread out over the County, our turn out was 48 . 2%. Mail only does appear to increase voter turn out. Far and away, cost savings -is the most attractive component of this program. Stanislaus was able to mail ballots out at a cost of thirteen cents and was able to pay twelve cents for their return. This twenty-five cent cost would be sixty cents by normal first class standards. In comparison to Contra Costa, we would like to make the following analogy to the November Election. Under AB 1590, Contra Costa conducted mail only balloting to 4339 residents. The cost of mailing the ballot out first class was 75 cents and the cost of the return envelop was 38 cents. While Stanislaus was using one card, one insert and mailing third class, Contra Costa had multiple ballot cards and several inserts. The Stanislaus cost of 25 cents (or approx. 60 cents if first class) cost $1. 13 in Contra Costa. While we are willing to explore ways with the Post Office to save money, mailing actual ballots anyway other than first class is too risky and out of the question. A point that Bob Delevati makes and one that we do not have an answer to is the cost of having the Post Office return ballots that are undeliverable. Election offices need this type of feed back as a way to begin the purge process. We have asked Stanislaus, on two occasions, for their estimates on the fixed costs requirements for a mail only ballot system. We have not, as of yet, learned of their estimates. We can share with you that such a system, which is labor intensive, will require more space and more temporary staffing. It will also require an as yet unknown capital investment. Some lament the cost of staffing our polling places. We pay for two clerks, a judge and an inspector all of whom work from at least 6:45 on election day to well past 8 : 30 pm with one hour for lunch and ten minutes for dinner. The cost of a polling place, people, space and transportation for set up and take down is approximately $350 per polling place. All told, excluding the costs of absentee ballots, for a precinct with 600 voters, it costs approximately $900 per polling place to conduct an election. Based on our costs associated with our mail only balloting from last year, it would cost up to $1, 656 to do mail only for that same precinct. The County Clerk is not empowered to mandate a mail only balloting election. The member agencies who contract with the Clerk to conduct the election have the right to ask, or reject, a mail only ballot. So, while Stanislaus was conducting their election, Placer County had the same authority and its member agencies did not agree to such an election. We would also like to point out that mail only balloting only applies to non statewide primary and general Memo to: Board of Supervisors Finance Committee From: Steve Weir, County Clerk Date: January 20, 1994 page five elections (June and November of even numbered years) . These are our expensive elections with little or no reimbursement from state/federal governments. All other elections are paid for by our member agencies. The Legislature has asked for a report by December 15, 1994 on cost savings and incidents of fraud under this system. We are not in the position to discuss fraud at this time. However, it is safe to say that the more ballots that are out of the hands of the Clerk's control for long periods of time, the more potential for fraud exists. Family, friends, groups, employers, unions, etc. could have access to voting someone' s ballot. If not an organized effort, this would be virtually impossible to track. In conclusion, we believe that a critical analysis of the Stanislaus experiment has yet to be performed. Are the Stanislaus results predictable, repeatable and as fail safe as possible? We simply do not know the answer to that question. Are the savings truly hard dollar figures and are they comparable to like elections? We do not believe that Stanislaus has conducted (or reported) such a comparison. As election officials, this office is most distressed to think that ballots would be mailed out and returned by anything other than first class mail. Others have experimented with mailing live ballots out other than third class with poor results. Alameda has had such a bad experience. It is the recommendation of this office to be cautious when approaching this mail only ballot issue. We ought to ask the Legislature and the Secretary of State for a critical analysis of any such program. At this time, we do not favor changing current law. SW\ELECTION\MAILBLLT