Metropolitan King County Council

1
Report to the
Metropolitan King County Council February 14,
2005 Dean C. Logan, Director King County
Records, Elections and Licensing Services Division
2
It is the policy of the State of Washington to
encourage every eligible person to register to
vote and to participate fully in all
elections, and to protect the integrity of
the electoral process by providing equal access
to the process while guarding against
discrimination and fraud. Chapter 29A.04.205
Revised Code of Washington
3
Elections Timeline 2003-2006
July 2003 King County Council forms the Citizens
Election Oversight Committee (CEOC) to improve
performance and accountability of
elections September 2003 Primary reviewed by
CEOC no serious errors reported Dean Logan
appointed Director Records, Elections and
Licensing Services Division 9th U.S. Circuit
Court of Appeals finds Washingtons blanket
primary unconstitutional November 2003 General
Election reviewed by CEOC no serious errors
reported Bill Huennekens appointed
Superintendent of Elections, EMVR Project
Approved in 2004 Adopted Budget
December 2003 Legislature cancels the March 2004
Presidential Preference Primary February 2004
Special Election Legislature adopts new top-two
primary system March 2004 Special
Election April 2004 Special Election Governor
vetoes top-two primary, signs in to law a
Montana-style partisan primary May 2004
Special Election CEOC Report submitted to King
County Council Mock Elections conducted using
new Election Management and Voter Registration
system prior to final conversion
4
Elections Timeline continued
June 2004 Elections converts to new Election
Management and Voter Registration system July
2004 Labor, Operations and Technology Committee
reviews CEOC report on elections countywide list
maintenance and voter education mailing Seattle
Monorail petition received and signatures
verified Candidate Filing for fall
Elections September 2004 New and complex primary
replaces the blanket primary record turnout
Council reviews CEOC report and passes motion in
support of recommendations
October 2004 Record number of new registrations
processed by King County Elections November 2004
General Elections is held record turnout,
record number of absentees issued and counted
Manual recount conducted for office of Governor
Disability Accessible Voting Equipment (DAVE)
Project approved in 2005 Adopted Budget
December 2004 Manual recount conducted in
Governors race close to 900,000 ballots hand
counted
5
Elections Timeline continued
January 2005 King County Council redistricting
plan adopted Election contest filed in close
gubernatorial race Tens of thousands of
documents provided in response to 30 public
disclosure requests February 2005 Special
Election date April 2005 Special Election date
May 2005 Special Election date June 2005 Voter
registration mailing with new Council District
designations September 2005 New top-two
primary to be implemented
November 2005 General Election January 2006 New
Help America Vote Act election administration
requirements must be implemented
6
2004 Record Volumes - Historic Outcomes

• Record setting voter registration
• Record setting absentee ballots issued
• Record number of absentee ballots cast
• Record number of ballots counted on Election
  Day
• Record voter turnout
• Historic new primary
• Historic close election
• First countywide manual recount

We have done many things right. We have many
more things to do better. We need to persevere,
stay the course and not adopt radical measures
when reasonable ones will make the most
difference.
7
The county needs to acquire or build a voter
registration system designed for a jurisdiction
of their size. The large number of transactions
and absentee ballots issued requires a system
with more capacity and the ability to handle
their volume and more efficient capture and
storage of voter signature images.
Election Management and Voter Registration System
Excerpt from review conducted by the Office of
the Secretary of State (February 2003)
8
Election Management and Voter Registration System

• New election management and voter registration
  system installed and implemented in June 2004
• New system replaces outdated legacy mainframe
  system that lacked ability to manage growing
  voter registration transactions and absentee
  voters
• Project completed on time and under budget
  savings re-appropriated for HAVA implementation
  project
• 2004 primary and General Election administered
  using the updated technology and work flow
  systems
• Project plan and management serve as models in
  countys technology governance structure

9
Voting Rights Act Minority Language Compliance
King County Elections Web site is recognized as
one of the first bilingual elections Web sites in
the country. Since 2002, the number of voters
requesting and using Chinese language ballots and
voting materials has progressively increased.

• King County Elections Minority Language
  Coordinator is chosen to participate in U.S.
  Department of State teleconference to provide
  leaders in China with expertise in their
  developing electoral processes.
• External oversight provided by Section 203
  Coalition, Organization of Chinese Americans.

10
The New Primary
Voting in the new Primary easy as 1-2-3

• Primary implemented in just 100 days
• Public engagement
• Outreach and education
• Stakeholder involvement
• Regional coordination
• Record turnout

11
Voter Outreach and Education
Vote Mobile partnership with the League of
Women Voters brings voter registration to
communities across King County Speakers Bureau
more than 100 presentations reach out to 78,000
people Transit and Cable Advertising saturates
King County in primary and General
Election Minority Community Outreach
multi-lingual presentations educate first-time
voters
12
Record Setting Voter Registration and Absentees
Leading up to the 2004 General Election, King
County processed a record-breaking 138,729 new
registrations, a 40 percent increase for the same
10-month period leading up to the 2000 election.
13
Record Setting Voter Registration and
Absentees

• The numbers of absentee ballots issued in the
  General Election set a new record at 646,468
  issued. 160,000 more than in any previous
  election.
• Record breaking firsts include
• the number of absentee ballots processed and
  tabulated on Election Day -- 233,254
• the number of provisional ballots issued -- more
  than 31,000
• the number of provisional ballots validated and
  included in the final returns -- more than
  28,000 and
• an overall voter turnout of 83 percent

14
Manual Recount Procedures

• Nearly 900,000 ballots hand counted in King
  County in 16 days
• New, temporary facility set up to accommodate
  400 bipartisan workers and observers
• Eighty recount boards organized into teams of
  three one designee from the Democratic party,
  one designee from the Republican party and a
  third member recruited from Elections seasonal
  work registry
• Multiple observer areas ensure open, fair and
  transparent proceedings
• Precinct counts are compared to the original and
  machine recount totals and recounted until two
  independent counts matched

It is hard to imagine a fairer and more
meaningful opportunity to observe. The procedure
proposed by King County Records complies with the
WAC requirement.
Washington State Republican Party petition in
McDonald v. Secretary of State (76321-6, December
7, 2004)
15
Military and Overseas Ballots

• Military and overseas citizens ballots were
  mailed on time by Oct. 8, 2004.
• Once King County mails absentee ballots, the
  responsibility shifts to the Post Office and
  Department of Defense.
• The U.S. Department of Defense, Federal Voting
  Assistance
• Program coordinates with all branches of the
  armed services to assist military and overseas
  voters in obtaining ballots and voting.
• Voted ballots returned from outside the U.S. are
  valid and counted as long as they are signed by
  the date of the election and received prior to
  certification (15 days following a General
  Election).

16
Reports of deceased voters casting ballots
The Washington State Department of Health,
Office of Vital Statistics is required to provide
death notifications to the counties on a regular
basis to assist in removing deceased voters from
the rolls. By state law, voter registration
files are closed 30 days prior to an election for
new registrations sent by mail, cancellations and
transfers. In 2004, 4,305 registrations were
canceled in King County based on notification
that the voter was deceased. Forms for
cancellation of a deceased voter are available at
all polling locations on Election Day for voters
to complete if they are aware of the death of
another voter.
17
Reports of felons voting
Election officials cannot remove a convicted
felon from the voter registration files without
notification from the courts. State and
federal laws compel election officials to add a
new voter to the registration files when a
registration application is received and includes
the minimum required information and a signature
attesting to their qualifications to become a
registered voter. More than 600 registrations
were canceled in 2004 based on court notification
of a felony conviction. The oath on the voter
registration application, which must be signed,
includes the statement that the applicant is not
currently denied their civil rights as a result
of a felony conviction.
18
Ballot Duplication and Enhancement
Ballot duplications and enhancements are
conducted by at least two people in the presence
of political party observers.
A log is maintained of all duplications and
enhancements to ensure full accountability of all
ballot handling.
In the 2004 General Election, 4,902 ballots
were duplicated and 55,177 ballots were enhanced
out of nearly 900,000 ballots cast.
19
Canvassing Board review of ballots

• The King County Canvassing Board reviewed more
  than 1,600 ballots to determine voter intent.
• More than 95 of these decisions were unanimous.
• Determination was made in public meetings, on
  the record and in the presence of political party
  observers.

Washington is a voter intent state. Election
laws give deference to voter intent where it can
be determined over following instructions on how
to mark a ballot.
20
Variance between ballots cast and voters credited
The most common reasons people who voted may not
appear on the list of credited voters is they
cast a federal write-in ballot in accordance with
provisions of the Federal Voting Assistance
Program (which includes non-registered service
personnel and overseas voters) they are
participants in the states Address
Confidentiality Program (victims of domestic
violence and stalking whose information is
secured from public record) or human error
during the crediting process or when voters sign
the poll books.
21
Variance between ballots cast and voters credited

• Variance from preliminary report 3,539
• Further reconciliation efforts (1,018)
• Address Confidentiality Program ballots (69)
• Federal write-in ballots (251)
• Provisional ballots deposited in AccuVotes
  (348)
• Remaining variance attributed to administrative
  error 1,853
• 1,853 variance / 899,199 .002 x 100 0.2
• 99.8 percent of all voters who cast ballots were
  credited
• Past Year Variances Other Counties Variance
• 2003 606 (99.84) Clark 225 (99.86)
• 2002 2,809 (99.5) Spokane 77 (99.97)
• 2000 1,230 (99.85)

22
Managing through Challenges
...there is every indication that the King
County Records, Elections and Licensing Services
Division acted professionally and intended to act
in the publics best interest under immense
pressure and under intense public scrutiny.
Armies of lawyers and poll watchers examine
King Countys every move, threatening litigation
and more. Under the circumstances, King Countys
prudence is understandable.
Excerpt from King County Superior Court Opinion
in Washington State Republican Party v.
Washington State Democratic Central Committee v.
King County Records, Elections and Licensing
Services Division. (Case No. 04-2-36048-0 SEA
Nov.16, 2004)
23
Managing through Challenges

• Absentee Ballots
• Duplicate Ballots
• Postal Handling Errors
• Print Quality Issues
• No Signature on File Ballots
• Ballots returned from the polls
• Provisional Ballots
• 348 identified deposited in AccuVotes
• 252 later validated and credited
• Legal Challenges
• Superior Court in King County Democratic Party
• Superior Court in Pierce County Republican
  Party
• State Supreme Court Democratic Republican
  Parties

24
Proposed Election Reform
We need meaningful, reasonable election reform
that includes

• Moving the date of the primary support
• Reimbursing counties for the state share of
  even-year election costs support
• Extending the time provided for certification of
  election results support

25

Proposed Election Reform continued

• Conducting certain elections entirely by mail
  support
• Canvassing and ballot processing procedures
  support
• Requiring absentee ballots to be returned by
  Election Day oppose

26
2005 Action Plan
Seizing the Moment and Moving Ahead

• STATE-OF-THE-ART FACILITY
• single, secure location for all election
  activities and services
• capacity to conduct countywide vote-by-mail
  elections

• comprehensive training facility
• fully functional communications center
• ballot tracking and accountability systems
• laboratory setting for developing technology
• public viewing areas

King County should reorganize and consolidate
key parts of its elections operations in order to
reduce the potential for errors and to gain
efficiencies.
Excerpt from the Citizens Election Oversight
Committee Report (May 2004)
27
Action Plan
Seizing the Moment and Moving Ahead

• ORGANIZATIONAL DEVELOPMENT
  AND CULTURAL CHANGE
• formalized staff training
• organizational accountability with benchmarks
  and production standards
• improve work flow which includes updated and
  documented procedures and policies
• analysis of reducing the number of precincts and
  consolidating polling locations
• implementation of a revised Information
  Technology support model with technical support
  directly in the Elections Section

28
Action Plan
Seizing the Moment and Moving Ahead
IMPLEMENT REMAINING PROVISIONS HELP AMERICA
VOTE ACT (HAVA)

• Disability Access Voting Equipment (DAVE)
• Needs Assessment
• Demonstrations
• Implementation
• Development and implementation of the statewide
  voter registration database

The Elections Section should create a formal
training plan and commit the resources necessary
to implement it. The Election Sections training
must ensure there is sufficient cross-training of
workers to ensure smooth operations and better
teamwork.
Excerpt from the Citizens Election Oversight
Committee Report (May 2004)
29
Action Plan
Seizing the Moment and Moving Ahead

• MAINTAIN ENGAGEMENT WITH THE PUBLIC
• Conduct focus groups to assess voter education,
  election reform and security
• Re-establish speakers bureau to address
  concerns related to the 2004 General Election
• Expand Web-based resources to enhance election
  transparency
• Continue external oversight Citizens Election
  Oversight Committee and coordination with other
  jurisdictions

30
Summary Conclusion

• New and recurring challenges ahead
• Compliance with new federal laws calling for
  disability access voting equipment in all polling
  locations
• Administration of another new primary system
• Implementation of the new council district
  redistricting plan
• Responding to changing public dynamics
• Implementing statewide election reform measures

this report should remain an active document
one which we refer back to often to measure
progress and as a reality check on its relevance.
31
Summary Conclusion
The citizens of King County have a right to
expect high quality performance in the conduct of
our elections. We cannot demand perfection we
know that there will be breakdowns and errors in
the future. But we can insist that the Elections
Section operate on a standard of professionalism,
expertise, accountability and continuous
improvement, and by the same token must insist
that our elected officials provide the resources
and organization required to achieve that
standard.
AFTERWARD, King County Citizens Election
Oversight Committee Report (May 2004)
32
For more information, contact King County
Elections at elections_at_metrokc.gov (206)
296-1540