Notice of Unprecleared Voting Change. Re: Unprecleared Voting Change in New York City

Transcription

1 Notice of Unprecleared Voting Change April 19, 2010 Mr. T. Christian Herren, Jr. Acting Chief, Voting Section Civil Rights Division Room 7254 NWB U.S. Department of Justice 950 Pennsylvania Ave., N.W. Washington, D.C Re: Unprecleared Voting Change in New York City Via and Regular Mail Dear Mr. Herren: Pursuant to 28 CFR 51.29, the Brennan Center for Justice at NYU School of Law writes to notify you of an unprecleared voting change. The New York State Board of Elections ( State Board ) has implemented procedures that deviate from New York law and previous practice in two ways: (a) the notification that voters receive when a voter casts an invalid, overvoted ballot; and (b) the manner in which the voting system handles that ballot. The new practice and procedures provide an inadequate and confusing message that fails to inform the voter of the effect of voting more than once in a particular contest. The system also retains an invalid, overvoted ballot unless the voter affirmatively indicates that she does not want the machine to accept her vote. We write to urge you to notify the state of its failure to submit the unprecleared changes. In addition, we provide information that shows the new procedures will have a disproportionately negative impact on the opportunity of Black voters in particular to exercise the electoral franchise effectively.

2 I. New York Adopted a New Overvote Policy That It Did Not Submit for Preclearance And Is Inconsistent With Its December 2 Submission The New York State Board of Elections must submit the policy change on overvotes for preclearance before it can be enforced. All changes with respect to voting, even ones that may appear to be tangential or miniscule, are subject to preclearance because [t]he Voting Rights Act was aimed at the subtle, as well as the obvious changes which have the effect of denying citizens their right to vote because of their membership in a protected class. 1 In particular, changes to the manner of voting, like moving from paper ballots to voting machines, must be precleared. 2 Even changes that are not discriminatory in purpose or effect must be precleared before being implemented. 3 A. New Yorkers Had Overvote Protections before the Change in Policy Prior to the challenged voting change, New York residents enjoyed two overvote protections codified by statute and regulations: adequate overvote notification and a meaningful opportunity to correct any overvote before submitting the ballot. This is the benchmark against which the change in practice must be measured. 4 Under existing New York election law, a voting machine is required to notify the voter that the voter has selected more than one candidate for a single office on the ballot, notify the voter before the ballot is cast and counted of the effect of casting multiple votes for the office, and provide the voter with the opportunity to correct the ballot before the ballot is cast and counted in the event that a voter votes for more than one candidate for a single office unless the voter is lawfully entitled to do so. 5 New York regulation title A, which was recently precleared by this Department, requires that [a]ll voting systems used in New York State shall be used in a manner consistent with New York State Election Law, these regulations and the United States Election Assistance Commission s 2005 Voluntary Voting System Guidelines and any conditions specified in the State Board s certification of the voting system for use in New York elections. 6 The United States Election Assistance Commission s 2005 Voluntary Voting System Guidelines (henceforth referred to as EAC Voting Guidelines ) in turn specifies that in response to a ballot with an overvote the system shall... return the ballot, among other things, 7 and in the case of paper-based systems, the system shall [n]otify the voter if he or she has 1 NAACP v. Hampton County Election Comm'n, 470 U.S. 166, (1985) (quoting Allen v. State Board of Elections, 393 U.S. 544, 565 (1969)). 2 Allen v. State Board of Elections, 393 U.S. 544, 568 (1969). 3 Morse v. Republican Party, 517 U.S. 186, 193 (1996) C.F.R (b) (2010). 5 N.Y. ELEC. LAW 7-202(1)(d) (McKinney 2010) (emphasis added). 6 N.Y. COMP. CODES R. & REGS. tit A (2010). 7 U.S. Election Assistance Commission, 2005 Voluntary Voting System Guidelines (d)(iii) (2005) (emphasis added). 2

3 made more than the allowable number of selections for any contest (e.g., overvotes), and [n]otify the voter before the ballot is cast and counted of the effect of making more than the allowable number of selections for a contest. 8 Section A was included in the December 2, 2009 submission by Counsel for the State Board of Elections to the Department of Justice seeking preclearance of the entirety of New York regulation title New York s lever machines, the voting systems replaced by the new electronic voting machines for which the December 2 submission was drafted, previously offered ample overvote protections by making it impossible to overvote. On January 19, 2010, we learned that the State Board of Elections had adopted a new policy of handling overvotes in the upcoming elections utilizing ES&S D200 machines, departing substantially from previous practice, state law, and section 6210 as submitted for preclearance. 10 The new policy consists of an inadequate and confusing message that fails to inform the voter in plain English that she has voted too many times in a particular contest, or that the consequence of casting a ballot is that her vote in that contest will not be counted; and a retention of the ballot unless the voter affirmatively indicates that she does not want the machine to accept her vote (henceforth referred to as the new overvote policy ). On January 21, 2010, the Department of Justice notified the State Board that it did not interpose an objection to the submission which included section A, requiring consistency with EAC Voting Guidelines offering adequate overvote protections. The new overvote policy made known to us only days before represents a change to that benchmark practice. It was not submitted to the Department of Justice for preclearance Id at (f)-(h) (emphasis added). 9 This submission is annexed as Appendix A to this letter. 10 from Douglas Kellner, Co-Chair, New York State Board of Elections, to Lawrence Norden, Senior Counsel, Brennan Center for Justice (Jan. 19, 2010, 09:03 EST) (on file with the Brennan Center). This was later confirmed to us on a conference call with State Board of Election Commissioners Robert Brehm and Todd Valentine on Feb. 25, The State Board is empowered to make such decisions for the entire state pursuant to N.Y. ELEC. LAW (McKinney 2010). Despite this, the New York City Board of Elections has scheduled its own vote on overvote and undervote handling procedures on April 20, The City Board s Steering Committee has recommended that the City Board adopt the same procedure as has previously been adopted by the State Board. Memorandum from George Gonzalez, Deputy Executive Director of the New York City Board of Elections to the Commissioners of the New York City Board of Elections (Apr. 5, 2010) (on file with the Brennan Center). If the State Board reverses its decision and grants the City Board permission to make its own determination for handling overvotes, the City Board must submit the new procedure for preclearance if it takes the recommendation of its Steering Committee and merely adopts the State Board position. 11 The State Board also appears to have adopted a new policy for handling of undervotes. Specifically, Section (e) of the 2005 VVSG states that [i]n response to a ballot with an undervote, the system shall... [r]eturn the ballot. It is our understanding that the State Board has nevertheless determined that as with overvoted ballots undervoted ballots must be retained by the system, in apparent violation of this guideline. We are not aware of evidence suggesting that this 3

4 B. The New Overvote Policy Will Not Provide Overvote Protection 1. Confusing Message Under the new overvote policy, when a ballot is overvoted, the machine s overvote screen provides a confusing message that uses election jargon ( Over Voted Ballot ). The image a voter will see is provided below: There is no explanation of what over voted means, nor is there an explanation of the consequences of casting an overvoted ballot. The screen message asks the voter whether she would like the ballot be accepted (indicated by a green button with a check mark) or [not] cast and returned (indicated by a red button with an x ). Members of the State Board have conceded that this message is confusing, and that most voters will likely not understand what the message means. Specifically, at a State Board meeting on February 18, 2010, Commissioners Aquila and Peterson both stated that they believed most voters would not understand the message, with Commissioner Peterson noting that the message was particularly problematic in light of the fact that the lever machines voters have used in the past did not allow overvotes. A transcript of that meeting is annexed as Appendix B. Our own attempts to collect data on overvotes for paper ballots for counties in New York City and around New York State suggests that the State Commissioners were correct to presume that the vast majority of New Yorkers will not understand a message that merely tells them they have overvoted: almost none of the City and County board staff we spoke to knew what the word overvote meant. change will have a retrogressive effect on racial minorities with respect to the effective exercise of the electoral franchise and take no position on the appropriate DOJ response to the undervote policy. 4

5 2. Retaining the Overvoted Ballot In contrast to how other jurisdictions use their optical scan systems (including the DS200) elsewhere in the country, the State Board has also decided that the machine should retain the ballot when it provides voters with the over vote message, rather than immediately rejecting it and returning it to the voter or requiring the assistance of a poll worker. Under New York s new overvote policy, when a voter who overvotes attempts to cast the ballot, the machine will begin to beep. The voter will see a confusing message and a green cast button, which she can press to stop the beeping, cast her vote, and allow the people in line after her to vote. 12 Usability experts we interviewed stated that based on their experience, they believed that the message (including the graphics), combined with a process that makes it so easy for voters to cast overvoted ballots would probably encourage the casting of overvoted ballots, rather than offer a protection against such mistakes. 13 C. The State Board of Elections Cannot Claim the Change in Overvote Policy was Included in the December 2, 2009 Submission The December 2009 submission comprised a two-page cover letter and approximately 29 pages of regulation title and cannot in any way be construed to have submitted the new overvote policy for preclearance. The December 2009 submission did not disclose the State Board s new overvote policy. The submission contained no indication of a policy of retaining overvoted ballots or of omitting reference to the effect of an overvote on a voting system s error message. Instead, the cover letter merely described the submitted regulation as provid[ing] guidelines for counties to use in implementing electronic voting, and the attached regulations did not suggest any new procedures or practices deviating from the requirements of New York law. The submission, therefore, failed to put the Attorney General on notice as to the new overvote policy. 14 Submissions which are not clear as to the scope of the preclearance request are construed against the requesting jurisdiction See MARY K. GARBER, FLORIDA FAIR ELECTIONS CENTER, EXAMINING FLORIDA S HIGH OVERVOTE RATE IN THE 2008 GENERAL ELECTION, PART I: HOW VOTING SYSTEM DESIGN FLAWS LED TO LOST VOTES 13 (2009). 13 Telephone Interview with Whitney Quesenbery, Principal, WQ Usability (Feb. 6, 2010); Telephone Interview with Dana Chisnell, Principal, UsabilityWorks (Apr. 6, 2010). 14 See Boxx v. Bennett, 50 F. Supp. 2d 1219, (M.D. Ala. 1999) (holding that a change affecting recount was not precleared by a submission cover letter suggesting that the submitted changes merely effectuated a transition from older methods of voting to an electronic system ). 15 Clark v. Roemer, 500 U.S. 646, 656, 658 (1991) (preclearance submissions must identify with specificity each change and any ambiguity in the scope of a preclearance request must be resolved against the submitting authority ); see also McCain v. Lybrand, 465 U.S. 236, (1984) ( [a] request for preclearance of certain identified changes in election practices which fails to identify other practices as new ones thus cannot be considered an adequate submission of the latter practices. ) 5

6 The most that the State Board can claim was submitted for preclearance in its December submission was the change in the overvote protections afforded under lever machines (complete protection because there was no possibility for overvotes) to the overvote protections set forth in section A (described above). In other words, the new overvote policy has not been submitted for preclearance. II. The New Overvote Policy Will Dramatically Increase Vote Loss for Black Voters in New York A number of studies have shown that minority voters, and in particular Black voters, are more likely to lose votes as a result of overvoting unless the voting systems provides adequate overvote protection. 16 The overvote protection provided by the new overvote policy is essentially non-existent. As a result, when New York City implements the new policy, we will see the traditionally higher overvote rate for minority voters, especially Black voters. As set forth below, recent data confirm that the new policy will result in much higher overvote rates for Black voters. A. Available Evidence Suggests The New Overvote Policy Will Result In Much Higher Overvote Rates for Black Voters There are at least two reasons to conclude that the State s new overvote policy will have a retrogressive effect on Black voters in New York. First, there was a demonstrable retrogressive effect on Black voters in the Florida counties that adopted this procedure in 2008 (the only counties in the only major election to adopt this procedure). Second, there are several factors that suggest, if anything, the retrogressive effect would be even more dramatic in New York than in Florida. Of all of the counties that use optical scan machines in the United States, we are aware of only thirteen counties (all located in Florida) that have used New York s new procedure for handling overvotes in a major election (November 2008). These 16 See, e.g., Stephen Knack & Martha Kropf, Voided Ballots in the 1996 Presidential Election: A County-Level Analysis, 65 J. POLITICS 3, 881 (2003) (finding a significantly higher incidence of voided ballots in counties with large Black and Hispanic populations and finding that the difference in overvote rates between minority and white voters disappears in jurisdictions that use equipment that prohibits overvoting) [hereinafter Knack and Kropf]; D. E. Betsy Sinclair & R. Michael Alvarez, Who Overvotes, Who Undervotes, Using Punchcards? Evidence from Los Angeles County, 57 POLITICAL RESEARCH QUARTERLY 1, 15 (2004) (finding that race, gender, and non-english ballot preference are predictors of high overvote rates) [hereinafter Sinclair and Alvarez]; MINORITY STAFF, SPECIAL INVESTIGATIONS DIVISION, COMMITTEE ON GOVERNMENT REFORM, U.S. HOUSE OF REPRESENTATIVES, INCOME AND RACIAL DISPARITIES IN THE UNDERCOUNT IN THE 2000 PRESIDENTIAL ELECTION (2001) (finding that the congressional districts with the highest rates of uncounted ballots were low-income, minority-dominant districts) [hereinafter Committee on Government Reform]; Michael Tomz and Robert P. Van Houweling, How does voting equipment affect the racial gap in voided ballots? 47 AM. J. POLITICAL SCIENCE 1, 46 (2002). 6

7 thirteen counties (the DS200 counties ) 17 saw significantly higher overvote rates than other counties in the state (the difference is discussed in greater detail in Appendix C to this letter). More importantly, the differences in overvote rates for inprecinct voting between Black and non-black voters were substantial and statistically significant in the fifteen counties that used the procedure that New York has just adopted, and no such racial disparities existed in the other counties. 1. Impact in Florida Counties Using New York s New Overvote Policy Confirms Practice Will Have Retrogressive Effect on Black Voters in New York We have examined voting and demographic data for the 2008 election for three of the four largest counties in Florida that used the ES&S DS200 and adopted New York s new procedure: Miami-Dade, Pinellas and Orange. 18 Each of the three counties has a significant number of black voters. The data we used in this analysis are annexed as Appendix D. All show much higher overvote rates for Black than non-black voters. We have analyzed the data using two commonly used approaches for determining the impact of election laws and procedures on minority voters. Both of these approaches show significantly higher overvote rates for black voters in Florida counties that used this unusual procedure for handling overvotes. The two approaches were approved by the Supreme Court in Thornburg v. Gingles, 478 U.S. 30, (1986), for estimating, through the precinct level data, racial differences in candidate preferences. They are homogenous precinct (HP) analysis and ecological regression (EG) analysis. The results for overvoting in Miami-Dade, Pinellas and Orange Counties show overvote rates well over twice as great for Black voters than non-black voters for counties using this unusual procedure for handling overvotes on : Miami-Dade Black Overvote Non-Black Overvote Difference HP 1.6% 0.6% 2.7 times EG 1.8% 0.7% 2.6 times 17 These counties are Broward, Charlotte, Collier, Escambia, Lake, Lee, Martin, Miami-Dade, Nassau, Orange, Pasco, Pinellas, and Sumter. Florida Board of Elections, Voting Systems in Use for the November 4, 2008 General Election, available at (May 8, 2009). 18 Data for Broward County, also among the four largest DS200 counties, was unavailable. 7

8 Black Overvote Non-Black Overvote Difference Pinellas HP 1.4% 0.5% 2.8 times EG 1.6% 0.5% 3.2 times Orange HP 2.1% 0.4% 5.3 times EG 1.3% 0.3% 4.3 times 2. No Difference for In-Precinct Voting in Counties That Used Machines That Immediately Rejected Overvoted Ballots In contrast, counties in Florida that immediately rejected the overvoted ballot to the voter had in-person overvote rates on of zero, or close to it, for all voters, regardless of race. For instance, the overvote data for St. Lucie County demonstrates that there are no racial disparities in overvote rates when machines provide adequate overvote protections. The overvote rates for St. Lucie County s absentee ballots which have no overvote protections since they are cast by mail rather than by machine predictably showed dramatic differences among racial groups: 2.48% for majority Black precincts, but just 0.06% for majority White precincts. In contrast, there was no similar racial disparity in overvote rates for in-person precinct voting on Election Day. In fact, there were no overvotes during in-precinct voting in four the majority black precincts in the County. 19 (The overvote rate for majority white precincts 0.046% was similarly close to zero.) The 2008 overvote rates for all the Florida counties that immediately rejected overvoted ballots were essentially zero between 0.03 and 0.04%. We provide more detail in Appendix E to this letter. B. The New Procedure is Likely to Produce Worse Results in New York The racial discrepancy in overvoting in the Florida counties that used the overvote policy at issue here is consistent with a general pattern that political scientists have found throughout the United States: Black voters, in particular, tend to benefit from effective overvote protection, as required by New York s law and regulations and as previously existed on New York s lever machines For the majority Black precincts in the county the 17th, 18th, 19th, and 24th precincts, which contain 92%, 88%, 63 %, and 82% Black voters respectively there were no overvotes in the presidential contest for in-person voters on. 20 See Knack and Kropf, supra note 16, at

9 Unfortunately, there is reason to believe overvote rates would be even worse in New York than they were in Florida. We have asked the New York City Board of Elections to provide us with overvote data for the presidential contest for all paper ballots cast in New York City in the November 2008 election, for the purposes of confirming the disparate impact a lack of effective overvote protection is likely to have on minority voters in New York (unlike voters who voted on lever machines in 2008, voters who cast their votes on absentee, affidavit or emergency paper ballots would not have had machine overvote protection). While the City Board did not provide us data by election district so that we could calculate the impact on Black voters, they did provide us overall overvote data by borough. The overvote rate on paper (absentee and affidavit) ballots for the presidential contest in 2008 for the three New York counties covered by Section 5 of the Voting Rights Act was 1.1% in Bronx County, 0.8% in Kings County, and 0.5% in Manhattan County. The overvote rates for the Bronx and Kings Counties in particular are far higher than anything seen county-wide in Florida. 21 According to our analysis, if all voters in covered jurisdictions had cast their ballots on paper ballots during the 2008 election, the overvote rate would have resulted in the loss of 13,758 votes in these counties, including over 6,000 lost votes in Kings County alone. 22 The benchmark practice was designed to substantially reduce these overvote rates because the machine would return the invalid ballot, and provide the voter with meaningful notification of her overvote. These protections guard against the submission of votes that will not count in the final vote tally. In contrast, the State Board s new overvote policy effectively provides no overvote protection because ballots with overvotes are retained and the machine suggests that the invalid ballot would be treated like a valid ballot. C. Counties in Florida and Elsewhere Have Changed Practices as a Result of High Number of Overvotes in 2008 Information concerning the increased overvote rate and the disparate racial impact in jurisdictions that failed to automatically return overvoted ballots was publicly available to the State Board at the time it decided to institute the challenged overvote policy. 23 In fact, upon learning of the high overvote rates in the See Appendix F of this letter. There are several likely explanations for higher overvote rates in New York State and City than in other jurisdictions, including that: (1) voters in New York have for decades used lever machines which contained interlock systems that prevented overvotes; (2) New York allows fusion voting, which results in the repetition of a candidate s name by all endorsing parties and can result in a confusing ballot prone to overvotes; and (3) the statutory requirements for the design of paper ballots makes them far more bewildering than paper ballots used in other states, including Florida. 22 The total projected votes lost if all voters cast votes on paper ballots during the 2008 election is 4,239 in Bronx County, 6, 150 in Kings County, and 3,369 in Manhattan County. See Appendix E. 23 See MARY K. GARBER, FLORIDA FAIR ELECTIONS CENTER, EXAMINING FLORIDA S HIGH INVALID RATE IN THE 2008 GENERAL ELECTION, PART I: HOW VOTING SYSTEM DESIGN FLAWS LED TO LOST 9

10 election, Miami-Dade County reconfigured its machines so that overvoted ballots would be immediately rejected and returned to the voter. 24 Similarly, upon learning of the problems Florida experienced with this method of handling overvotes, the State of Wisconsin conditioned its purchase of the ES&S DS200 on a guarantee from the company that the machine be reconfigured to immediately return a ballot to the voter if it detects an overvote. 25 Counties in Florida using the DS200 will soon use a different and less confusing screen message to notify voters of overvoted ballots. A screenshot of that new message is annexed as Appendix G. Against this backdrop and the publicly available evidence of the racially disparate impact of New York s unsubmitted change, the State Board should not have adopted the exact practice and procedure shown to increase overvotes in a racially disparate manner. Conclusion Because the New York State Board of Elections failed to submit its new overvote policy for preclearance and the available evidence predicts that this change will have a retrogressive effect on the ability of members of a racial or language minority group to exercise their vote effectively we ask the Attorney General to demand that the New York State Board of Elections submit the overvote notice and ballot retention configurations of the ES&S DS200 for preclearance. As we noted above, it is our understanding, based on recent actions taken in Florida and Wisconsin, as well as representations made by both the New York State Board of Elections and ES&S, that the DS200 can easily be modified to handle overvotes in a way that will greatly reduce the number of overvotes for all voters, and eliminate the discrepancy seen in overvote rates for Blacks and non-blacks in Florida in In addition, the data presented above demonstrates New York is unlikely to be able to demonstrate the new overvote policy will not have a retrogressive effect on members of a racial or language minority group (i.e., will make members of such a group worse off than they had been before the change) with respect to their opportunity to exercise the electoral franchise effectively. 28 CFR 51.54(a). If the new overvote policy is eventually submitted for preclearance, the Attorney General must interpose an objection if the Attorney General is unable to determine that the change is free of discriminatory purpose and effect. 28 CFR VOTES 16 (2009); See also Knack and Kropf, Sinclair and Alvarez, and Committee on Government Reform, supra note from Christina White, Director, Office of Government Affairs, Miami-Dade Elections Department, to Larry Norden, Senior Counsel, Brennan Center for Justice at NYU School of Law (Mar. 12, 2010, 14:32 EST) (on file with the Brennan Center). 25 Press Release, State of Wisconsin Government Accountability Board, G.A.B. Approves New Voting Equipment (Dec. 17, 2009), available at 10

11 If we can be of any additional assistance in this matter, please contact us. Sincerely, LAWRENCE NORDEN Wendy Weiser Myrna Pérez Brennan Center for Justice at New York University School of Law 161 Avenue of the Americas, 12th Floor New York, NY (212) Cc: New York State Board of Elections New York City Board of Elections 11

12 APPENDIX A New York State Board of Elections Submission of 9 N.Y.C.R.R. Part 6210 to the Department of Justice for Preclearance

13 State of New York STATE BOARD OF ELECTIONS James A. Walsh 40 STEUBEN STREET Todd D. Valentine Chair ALBANY, N.Y Executive Director Douglas A. Kellner Phone: 518/ Fax: 518/ Robert A. Brehm Chair website: Executive Director Gregory P. Peterson Kimberly A. Galvin Commissioner Special Counsel Evelyn J. Aquila Paul M. Collins Commissioner Deputy Counsel December 2, 2009 Christopher Coates Chief, Voting Section Civil Rights Division r> Room NWB ^ Department of Justice G St., N.W. Washington, DC RE: Section 5 Preclearance Submission 9N.Y.C.R.R. Part 6210 Dear Mr. Coates: Pursuant to Section 5 of the Voting Rights Act of 1965, as amended, I am enclosing 9 N.Y.C.R.R. Part 6210 of the New York Board of Elections for pre-clearance. This regulation applies throughout the State of New York, although only a portion of the state is subject to the Pre-Clearance requirements of Section 5. The regulation's effective date was November 19, 2008 but it has not been implemented in those portions of the state which are subject to mandatory Pre-Clearance as yet. It is anticipated that as the entire state moves to electronic voting systems for the fall 2010 elections pursuant to the Order (Sharpe, J) of the United States District Court for the Northern District of New York in United States v. State of New York et al (06-cv-253) this regulation will be fully implemented. During this past election season none of the counties subject to mandatory Pre-Clearance used electronic voting systems. We are asking for an expedited decision as this change will be fully

14 implemented in September The regulation provides for guidelines for counties to use in implementing electronic voting and addresses not only pre-election testing but also routine maintenance and testing of the systems, the provision of demonstration models, voting system operations, election personnel and their training, paper ballot requirements, test deck procedures, vote tabulation procedures, ballot accounting procedures, voting system security, the need for counties to adopt written procedures to implement the New York State Election Law, uniform state wide standards for determining valid votes, and minimum number of voting machine requirements. The regulations were unanimously adopted by the State Board of Elections on September 5, Please do not hesitate to contact me if you have any questions. Sincerely PMC: me Enclosures >aul M. Colliris/ Deputy Special Counsel

15 RETRIEVE BILL Page 1 of 1 Executive Sec PART 6210 ROUTINE MAINTENANCE AND TESTING OF VOTING SYSTEMS, OPERATIONAL PROCEDURES, AND STANDARDS FOR DETERMINING VALID VOTES (Statutory authority: Election Law, 3-100, and 7-206) Definitions Routine maintenance and testing of voting systems Submission of procedures for unofficial tally of results of election Demonstration models Voting system operations Personnel 62.LQ..r_l Ballots Test deck procedures 6110^9 Vote tabulation Ballot accounting Voting systems security Procedures GJLIO^LS Standards for determining valid votes Standards for determining valid votes on direct recording electronic (DRE) equipment Standards for determining valid votes on optical scan voting systems and/or paper ballots Ballot examples for counting paper ballots J Standards for determining valid votes on levertype voting machines Three-percent (3%) audit _19 Minimum number of voting machines 5/29/2009

16 RETRIEVE BILL Page 1 of 1 Executive Section Definitions. Except to the extent set forth below, the definitions contained in section 6209 shall apply in this section: 1. "Pre-qualification test": is a test prescribed by the State Board, conducted immediately prior to the voting systems' use in an election in which a predetermined set of votes are cast which will ensure that all voting positions for each ballot configuration are tested. Such votes shall be entered into the voting system in the same manner as they will be entered by voters during an election. If a voting system offers several methods for votes to be entered, such as touch-) screen, pushbutton, or other electronic mechanism, a key pad and/or pneumatic switch for voters with disabilities, or alternate language displays, then a pre-determined set of votes shall be entered separately using each method and language display. The results of the casting of said votes and all voting system logs shall be extracted from the system as though during normal use in an election, and the results and logs shall be compared to the predetermined results of the test votes and vote totals prepared pursuant to regulations and procedures of the State Board. 2. "Printout": means either the printed copy of zero totals, candidate names and offices and other information produced by the voting equipment prior to the official opening of the polls or the printed tabulation report of votes cast for each candidate and question, the names of candidates and the offices for each candidate and other information provided after the official closing of the polls. 3. "Election Mode": An operational setting and/or functional level of a voting system that would allow the user, under the required conditions stated by law, to make selections, and/or cast a ballot, and which also uniquely provides the potential to have a marked ballot officially accepted for counting at the time of a defined election. Note: This mode of operation may also be synonymous with the term "live vote mode" or similar. This mode may also be run at any time, either for the running of realistic simulations for testing, and/or after various maintenance activities. This mode is specifically required to be run in the conduct of an official election. 4. "Test Mode": An operational setting and/or functional level of a voting system that would allow the user to specify/select, access, and/or test various levels/areas of the device, either, for example, during possible upgrades, diagnostic testing, and/or specific maintenance activities that may not require full functional simulation, or capabilities at that time. Note: This mode of operation is a separate option from Election Mode, and is prohibited from being run in the conduct of an official election. 5. "Closed Network": A closed network is a stand-alone server that is used for a specific purpose, such as an Election Management System (EMS), and to which access is restricted to specific workstations and users and not connected to any other internal or external network. l/regsget.cgi?querytype=getsect+&query... 5/29/2009

17 RETRIEVE BILL Page 1 of 3 Executive Routine maintenance and testing of voting systems. {A} Testing of all voting systems shall be conducted by the county board before the use of the system in any election and at such other times of the year as prescribed by these regulations. Testing procedures shall be approved by the State Board. The voting system shall be tested to determine that the system is functioning correctly and that all system equipment, including but not limited to hardware, memory, and report printers, are properly integrated with the system and are capable of properly performing in an election. Testing, other than pre-qualification testing, shall be conducted by casting manual votes and may include the casting of simulated votes. (B) In addition to vendor-prescribed maintenance tasks and diagnostic tests, tests of voting equipment shall be conducted by the county board, on each piece of equipment owned by the county board. Such testing shall be administered periodically and be completed during the following periods during each year that the equipment is in use: (1) January 15 - April 15 (2) April 16 - July 15 (3) July 16 - September 15 (4) September 16 - November 15 Whenever a voting system is to be tested for pre-qualification purposes, such test must be conducted while the voting system is in 'election mode'. Votes cast for pre-qualification test purposes shall be manually cast using all of the devices available to voters on election day (i.e.: audio, key pads and or pneumatic switches, and/or alternate language displays). (C) Testing shall include the comparison of software installed on the delivered system to certified software, via the use a Secure Hash Signature Standard (SHS) validation program, as described in Federal Information Processing Standards Publication issued by the National Institute Standards Technology. (This publication is available electronically by accessing Alternatively, copies of NIST computer security publications are available from: National Technical Information Service (NTIS), 5285 Port Royal Road, Springfield, VA ) Testing shall consist of the re-calibration of equipment, as appropriate, pursuant to recommendations made in vendor's maintenance documentation, and the casting of a 'test deck' by voting the minimum number of ballots, determined pursuant to the requirements of Section of these regulations, to ensure that all voting positions for each ballot configuration are tested. Votes cast for the purposes of this section shall be cumulative ballots cast on each piece of equipment during each of the prescribed periods outlined. (1) If the system does not accurately count the votes from the test deck cast manually, simulated, or both, (aside from those that were deliberately designed to fail), or the calibration test, the cause or causes for the error or errors shall be ascertained and corrected. The voting system shall be re-tested until there are two consecutive errorfree tests before the system is approved for use in the count of actual ballots. The commissioners of the county board or their designees shall certify that they have reviewed and verified the results of said testing. The summary results of all tests, including all inaccurate test results, their causes and the actions taken to correct them, as well as the results of all errorless counts, shall be entered upon the maintenance log. All documentation and/or test decks, simulation cartridges and any test data including but not limited to copies of ballot programming used for required maintenance tests shall be maintained in secure 5/29/2009

18 RETRIEVE BILL Page 2 of 3 locked storage for two years after the election, pursuant to NYS Election Law Section (2) Maintenance logs are to be kept as a permanent record of the county board. (D) During the period including July 16 - September 15 (and in years when a presidential primary is conducted, during the January 15 - April 15 period), the test ballot format for each piece of equipment shall consist of each primary ballot configuration as certified by the county board, if said equipment is to be utilized in a primary election. The voting system shall be cleared of all votes and a printed report shall be produced by the system, to verify the correct ballot configuration and election configuration, and to confirm that all voting positions are at zero. Ballots cast for the purposes of this test shall be manually cast and a printed tabulation report shall be produced. The system shall again be cleared of all votes and a printed report shall be produced by the system to confirm that all voting positions are at zero. Each officer or board charged with the duty of preparing voting machines 'for use in any election shall give written notice, by first class mail, to the State Board and to all candidates, except candidates for member of the county committee, who are lawfully entitled to have their names appear thereon, of the time when, and the place where, they may inspect the voting machines to be used for such election. The candidates or their designated representatives may appear at the time and place specified in such notice to inspect such machines, provided, however, that the time so specified shall be not less than two days prior to the date of the election. (E) For the period between ballot certification and seven days before the general election, the test ballot format for each piece of equipment shall consist of each general election ballot configuration as certified by the county board. The voting system shall be cleared of all votes and a printed report shall be produced by the system, to verify the correct ballot configuration and election configuration, and to confirm that all voting positions are at zero. Ballots cast for the purposes of this test shall be manually cast and a printed tabulation report shall be produced. The system shall again be cleared of all votes and a printed report shall be produced by the system to confirm that all voting positions are at zero. Each officer or board charged with the duty of preparing voting machines for use in any election shall give written notice pursuant to NYS Election Law Section and Section 7-207, by first class mail, to the State Board and to all candidates, except candidates for member of the county committee, who are lawfully entitled to have their names appear thereon, of the time when, and the place where, they may inspect the voting machines to be used for such election. The candidates or their designated representatives may appear at the time and place specified in such notice to inspect such machines, provided, however, that the time so specified shall be not less than two days prior to the date of the election. (F) In addition to any vendor provided training, the State Board shall provide training on routine maintenance and testing of voting systems to county beard personnel responsible for voting systems. The State Board shall provide sample tests to be utilized by each county board. The State Board may revise said testing format, based upon its audit and review. (G) All results of each routine maintenance test and/or pre-qualification test, including the final errorless test, shall be certified as accurate by the county board commissioners or their designees, and such certification shall be entered upon the maintenance log for each such piece of equipment, together with any other information prescribed in said log by the State Board. 5/29/2009

19 RETRIEVE BILL Page 3 of 3 (H) The county board shall certify to the State Board, the completion of each routine maintenance test and/or pre-qualification test. All documentation and/or test decks, simulation cartridges and any test data including but not limited to copies of ballot programming used for required maintenance tests shall be maintained in secure locked storage for two years after the election, pursuant to NYS Election Law Section Such certification shall be on a form prescribed and furnished by the State Board, and shall be accompanied by copies of each maintenance log. (I) Each county shall keep a detailed log of maintenance performance and testing procedures. Such logs shall be in a format provided by the State Board and the same shall have been reviewed by the vendor. (J) Such logs shall be provided quarterly to or as requested by the State' Board, for their review and inspection, and shall be made available to the public. (K) The State Board may, upon review of the maintenance logs, require further testing of any such piece of equipment or may remove a piece of equipment from use in an election until further examination and testing has been completed, or may rescind certification pursuant to Part of the State Board Regulations. (1) The State Board may reinstate the certification if the equipment passes these further tests, and a review of the maintenance logs supports such reinstatement. (2) County boards shall make the system or equipment available to the State Board for any such additional testing and shall provide such assistance as may be deemed necessary. (L) During the initial time period in which such system or equipment is used, to include a primary election and a general election, the State Board shall assist in the routine maintenance, testing and the operation of the voting machines or systems. Such assistance shall include but not be limited to: (1) election configuration and ballot configuration related to voting system testing and use (2) pre-qualification and post-election tests (3) election day support, via phone, , facsimile or on-site, as necessary (4) post-election support, to include recanvass, challenges, and audit conducted pursuant to NYS Election Law Section (5) staff training (6) defining personnel requirements and tasks (7) defining procedures for pre-qualification, post-election, and maintenance tests (8) defining procedures for canvassing and recanvassing votes cast in an election (M) During successive years, the State Board, whenever it deems necessary, or at the request of a county board, may assist in any or all aspects of the operation of the system. 5/29/2009

20 RETRIEVE BILL Page 1 of 1 Executive Submission of procedures for unofficial tally of results of election. County boards which adopt procedures pursuant to NYS Election Law Section 9126(3) shall file such procedures with the State Board of Elections. 5/29/2009

21 RETRIEVE BILL Page 1 of 1 Executive Demonstration models. (A) During the first five (5) years after purchase, any county which purchases voting equipment systems shall provide a model, diagram, video or other electronic instruction (example CD ROM) of such voting system's equipment for each polling place in its jurisdiction. (B) Any such model, diagram, video or other electronic instruction must be approved by the State Board and must meet the following specifications: (1) may not contain the name of any party or independent body which has been continuously used in New York State. (2) display a ballot layout which shall consist of at least two party rows and eight voting positions including at least one multiple-candidate office (vote for two). (3) Demonstrate how a voter can: (a) vote for a candidate, question or proposition. (b) verify in a private and independent manner the votes selected by the voter on the ballot before the ballot is cast and counted. (c) in a private and independent manner change the ballot or correct any error before the ballot is cast and counted, including the opportunity to correct the error through the issuance of a replacement ballot if the voter was otherwise unable to change the ballot or correct any error. (d) cast a write-in ballot. (e) cast the ballot. (f) be notified on the effect of the voter casting multiple votes for an office or proposal in excess of the number permitted. (g) be notified on the effects of an undervote. (h) utilize the accept ballot/reject ballot feature, if any is available on such voting machine or system. (C) If a model is used, each model must: (1] be no less than 11 inches by 14 inches (2) be operated by electricity and/or a battery power source (D) If a diagram is used it shall be no smaller than 11 inches by 17 inches. 5/29/2009

22 RETRIEVE BILL Page 1 of 1 Executive Voting system operations. (A) All voting systems used in New York State shall be used in a manner consistent with New York State Election Law, these Regulations and the United States Election Assistance Commission's 2005 Voluntary Voting System Guidelines and any conditions specified in the State Board's certification of the voting system for use in New York elections. (B) Only the county board shall have care, custody and control over all resources for the purposes of conducting elections, including but not limited to vote counting, preparation and custody of ballots, system maintenance and all testing. If it becomes necessary to transfer control of any equipment to a vendor for repairs, or to other political subdivisions for use by them in their elections, such voting systems and/or equipment shall not be used in a live election by the county board until such time as such equipment is returned to the care, custody and control of the county board and acceptance testing of each such system or equipment is performed pursuant to Section of the State Board Regulations. 5/29/2009

23 RETRIEVE BILL Page 1 of 1 Executive Voting system operations. (A) All voting systems used in New York State shall be used in a manner consistent with New York State Election Law, these Regulations and the United States Election Assistance Commission's 2005 Voluntary Voting System Guidelines and any conditions specified in the State Board's certification of the voting system for use in New York elections. (B) Only the county board shall have care, custody and control over all resources for the purposes of conducting elections, including but not limited to vote counting, preparation and custody of ballots, system maintenance and all testing. If it becomes necessary to transfer control of any equipment to a vendor for repairs, or to other political subdivisions for use by them in their elections, such voting systems and/or equipment shall not be used in a live election by the county board until such time as such equipment is returned to the care, custody and control of the county board and acceptance testing of each such system or equipment is performed pursuant to Section of the State Board Regulations. 5/29/2009

24 RETRIEVE BILL Page 1 of 1 Executive Personnel. It is the responsibility of the county board to provide sufficient and appropriate staff to perform the functions required for successful use of the voting system. All tasks shall be defined in written procedures, and personnel assigned shall be thoroughly trained to carry out their responsibilities. 5/29/2009

25 RETRIEVE BILL Page 1 of 2 Executive Ballots. (A) For the production of paper ballots or ballot faces for ORE voting systems, the county board shall contract with a printer or use in-house print services that have the requisite expertise, staff, and equipment for printing ballots of the complexity and in the volume required for the conduct of elections in that county, and that ensures delivery of finished ballots in time to comply with the relevant provisions of the NYS Election Law and the election calendar. (B) Detailed specifications for production of ballots shall be supplied to the county board by the voting system vendor. These shall include but not be limited to particulars of the system's ballot such as weight, grain and color of stock; dimensions of ballot faces, ballots and ballot cards; corner cuts; perforations, both for ballot boundaries and for stub boundaries, when appropriate; ballot positions, sensitive areas and voting targets; pre-marks for imprinting of ballot configuration information; printing registration and tolerances; ink; use of drying powder; and packaging of printed ballots for shipment and for storage until time of use. The county board shall transmit these specifications to the printer chosen to produce its ballots. (C) In the first year that the voting system is in use, a copy of the final form and arrangement of each ballot configuration shall be filed with the State.Board. (D) Ballots shall be identified by ballot configuration, using marks which are machine readable and human readable text. (E) Ballots to be used with poll site optical scan voting systems, shall be in a form consistent with Election Law Section Each ballot shall have a numbered stub which can be separated from it along a perforated boundary. Such ballot shall be detached from the numbered stub prior to the election inspector giving the ballot to the voter and be retained by the county board in a manner consistent with election-related document retention requirements. (1) The ballot stubs shall be sequentially numbered, and shall include the date of the election, the political subdivision in which the ballot is valid, and in a primary election, the name of the party conducting the primary, and further, stubs may be color-coded, to correspond to same. (2) Ballot stubs shall include spaces for inspectors to indicate with their initials, whether the ballot was used for affidavit or emergency purposes. (3) Ballots shall be bound in booklets of 100, or in such other increments as a county board may, by written procedure, deem appropriate. Binding shall be by staples, to help ensure ballot accountability. (4) Ballot booklets shall have a cover, on which shall be printed the date of the election, the political subdivision in which the ballot booklet shall be valid, the range of sequential ballot stub numbers contained therein, and such other administrative information as the county board may deem necessary. In primary elections, booklet covers shall include the name of the party conducting a primary, and may be color-coded, to correspond to same. (5) When more than one ballot booklet is to be used in any election district, a transmittal sheet shall accompany the booklets, which shall specify how many booklets are included in the inspector supply bag, the complete range of sequential ballot stub numbers for that district, and shall further provide a space or spaces for inspectors to confirm receipt of all ballots. (6) Ballot booklet (s) and any transmittal sheet, shall be delivered to inspectors with other election day supplies, in a separate, secure. 5/29/2009

26 RETRIEVE BILL Page 2 of 2 sealed and labeled envelope or pouch. (7) Only one ballot booklet at a time should be on the inspector table, and the remaining booklets shall be kept in their secure envelope or pouch, in the inspector supply case. (8) When all ballots in a booklet have been used, leaving only the cover and the stapled pad of stubs, such booklet shall be returned to the ballot booklet envelope/pouch and the next appropriately numbered ballot booklet shall be removed for use. (9) After the close of polls, the transmittal sheet shall be completed by the inspectors, indicating which booklets were completely used, partially used, or not used. The ballot booklet envelope/pouch shall be sealed and returned to the county board with all other election day supplies. (F) The county board shall cause its respective printer(s) to certify to the county board, upon delivery of ballots ordered: (1) the actual number of ballots printed (2) the number of ballots delivered, and (3) that all other ballots printed have been destroyed. The county board shall inventory all ballots and ensure the security of any and all ballots while they are in the possession of the county board. (G) For Central Count Paper-Based voting systems, ballots printed for absentee voting, and those printed for emergency, special and affidavit purposes shall be tabulated by batch, and be subject to all appropriate provisions of these Regulations. The county board shall provide a means by which affidavit, emergency, and special ballots shall be distinguished from absentee ballots. 5/29/2009

27 RETRIEVE BILL Page 1 of 3 Executive Test deck procedures. Each county board shall prepare a test deck to be used to verify that the voting system's election configuration and ballot configuration is correct and that the voting system will accurately cast and count votes within each individual ballot configuration. (A) The ballots shall be voted with a pre-determined number of valid votes for each candidate, each write-in position, and each voting option on every proposal that appears on the ballot as certified by the county board in order to verify that the vote system is programmed to correctly count the ballots. The deck includes one or more ballots that are intended to fail, have been improperly voted, or which are voted in excess of the number allowed by law, and one or more ballots on which no votes are cast, in order to test the ability of the system to recognize and/or notify of an under or over vote. If there is more than one ballot configuration for an election, a separate test deck is created for each ballot configuration. In election districts that will utilize a single voting system for two or more ballot configurations, required testing shall consist of a different test deck for each ballot configuration to be utilized on such voting system, to ensure that the addition of multiple ballot configurations has not affected the accurate casting and counting of votes within individual ballot configurations. (B) Test decks which include sub-decks are created once election configuration and ballot configuration tasks have been completed, and ballot configurations have been verified, utilizing detailed procedures for preparation of a test deck prescribed to the county board by the State Board. Using a tool or tools, (i.e. Excel) make a test script for each specific ballot within the test deck, such that when all test ballots within the test deck are completely cast it will accurately test all positions, undervotes, overvotes, write-in positions propositions and ballots that are deliberately designed to fail. (1) To create a test deck on an optical scan voting system, test ballots must be marked, following the pattern determined to sufficiently test the ballot programming, logic, and accuracy. (a) For optical scan voting systems, the test deck includes one or more ballots on which two or more votes are cast for a candidate whose name appears on the ballot more than once for the same office in order to test the ability of the system to count only the first of such votes for the candidate. (2) To create a test deck for DRE systems, the creation of a test script is required, so that the pattern of votes can be followed, to facilitate the manual casting of same. (a) For DRE Systems, the test deck includes one or more ballots in which an attempt is made to cast two or more votes for a candidate whose name appears on the ballot more than once for the same office in order to test the ability of the system to accurately cast the voter's choice(s) for such office. (3) Assign each ballot in the script a unique ballot number. (4) Calculate the number of ballots required to conduct each test. This calculation is the minimum number of ballots that must be cast on each voting machine or system where such ballot configuration is programmed, pursuant to Section C of these regulations. (C) Upon creation of a test deck and prior to use in pre-qualification testing, the test deck must be validated by casting the ballots in the test deck on a voting machine or system, printing out the tabulation report and comparing same to the predetermined expected results for that test deck to ensure accuracy. Any corrections to the test deck must be made prior to its use in pre-qualificaticn testing. 5/29/2009

28 RETRIEVE BILL Page 2 of 3 (D) Once a test deck has been validated, test decks are run by a bi-partisan team on each voting system for which that particular ballot configuration is valid. The team shall enter at least one ballot from each sub-deck using each feature intended for people with disabilities, and enter at least one ballot from each sub-deck using each language provided on the unit. While one team member casts votes for the test, the other member shall monitor that votes are cast correctly. (1) The test shall be documented by the bi-partisan team, on a log to be prescribed by the State Board, and the team shall affix their signatures to the log. The log shall include but not be limited to: (a) The date the test was executed. (b) The names of the persons who performed the test and recorded the results. (c) The serial number of the machine on which the test was executed. (d) The protective counter number of the machine on which the test was executed as it appeared both at the beginning and conclusion of testing. (e) The name or description of the test performed. (f) The version number of the software under test. (g) The test result, either 'pass' if the results match the expected results exactly, or 'fail' if there is even one discrepancy. (E) The bi-partisan team shall compare the accuracy of the results reported by the voting system to the expected results and determine if the machine passed or failed. Any discrepancies indicate a failure and must be investigated. (1) If a test deck is run on a ORE, and the pre-determined vote count does not compare to the results reported by the voting system, the bi-partisan team shall document the problem, and then compare the paper audit trail transactions to the unique test ballot scripts, to be sure votes were cast correctly. Any corrections to the test deck itself. or to the casting of the test deck shall be made, and the test deck shall be re-run until two error-free test results are produced, pursuant to Section (C)(1) of these regulations. (2) If a test deck is run on an optical scan voting system, and the pre-determined vote count does not match the computer generated tabulation, then the bi-partisan team shall document the problem and compare the unique ballot script pattern with the test deck pattern to ensure that the test deck was made correctly and that all ballots were run. Any corrections to the test deck itself, or to the casting of the test deck, shall be made and the test deck shall be re-run until two error-free test results are produced, pursuant to Section (C)(1) of these regulations. (3) If the test deck and voting system fail to produce two consecutive error-free results, the system shall not be used until such time as the problem is resolved in a manner consistent with vendor documentation and State Board procedure. (F) For DRE systems, the paper audit trail records with the accumulation report shall be signed by the testing team, then bound and placed in secure storage. For optical scan voting systems, the results report shall be signed by the bi-partisan team, and placed in secure storage. After all voting systems upon which a particular ballot configuration is valid have been tested, the test deck shall be stored with all corresponding reports, audit trails, log sheets and system logs required to be produced and reviewed pursuant to Part (E)(3). (G) For Central Count Paper-Based systems, after entering all election ballot codes and creating header cards, if required by the software, the following verification procedures shall be performed: {1} place one ballot from the appropriate ballot configuration behind each header card. (2) process the complete set of header cards containing the single 5/29/2009

29 RETRIEVE BILL Page 3 of 3 ballots against the absentee counting system and ballot counting program. (3) if the software rejects a header or ballot card, the cause of the error shall be ascertained and corrected. (4) re-process all cards which generated errors to verify correction. (5) At the discretion of and mutual agreement of a county board's commissioners, a resolution may be adopted for a specific election, which may provide that ballots be canvassed manually, rather than by using the Central Count Paper-Based voting system. Such resolution shall be filed with the county board's official minutes, and notice of the resolution and decision shall be provided in writing, to the State Board and to all 'party chairs and candidates, whose names appear on the ballots to be counted manually. The county board shall give written notice, by first class mail, to the State Board and to all party chairs and candidates who are lawfully entitled to have their names appear on the ballots, of such resolution. 5/29/2009

30 RETRIEVE BILL Page 1 of 1 Executive Vote tabulation. (A) Preparation of ballots for tabulation by Central Count Paper-Based Systems. (1) Ballots shall be reviewed pursuant to the provisions of Section of these regulations, to determine if the ballot is machinereadable or if the ballot requires that it be manually counted, then recorded in the official canvass of the votes for the election. (2) Ballots shall be assembled in separate batches by election district unless otherwise directed by the county board to preserve the secrecy of the ballot. (a) Each batch shall be identified by a header card and at the end of all batches there shall be an end- or trailer- card, if required by the software. Header and trailer cards shall be visually distinct from ballots. Such distinction may be made, for example, by using a different color card stock, or different edge marking, or by other appropriate means. (b) The bi-partisan team of county board personnel shall place header cards, in order that the votes recorded on each ballot shall be attributed to the correct election district. When placing header cards, as each is placed by one person, the other person shall verify that the header card is the correct one for the batch of ballots which follows it and that it is correctly oriented in the batch. (3) Ballots shall then be fed into the Central Count Paper-Based voting system. Following the counting of all ballots, a tabulation report shall be printed. Two back-up copies of the tabulation report shall be locked in secure storage. (4) Where the number of ballots to be canvassed is small, the county board may provide for canvassing of the ballots by larger units of representation. (B) Testing During Ballot Tabulation by Central Count Paper-Based Systems. The system shall be so designed and constructed that, at the discretion of the county board, it shall be possible to halt the ballot tabulation at a point when a portion of the election districts have been counted, and run the test deck to demonstrate, as in the tests listed in Section of these regulations, the accuracy and dependability of the count without interrupting or affecting any official tabulation of results that may be on the equipment-at that time. (C) Testing Following the Machine Tabulation of Ballots by Central Count Systems. Immediately following the machine tabulation of the ballots from all the election districts and the production of the county-wide totals of votes, the pre-count tests listed in Section , shall be run so as to demonstrate the accuracy and dependability of the count. 5/29/2009

31 RETRIEVE BILL Page 1 of 1 Executive Ballot accounting. (A) Following the counting of all votes in an election, a full accounting of paper ballots shall be made, and shall be reported on a form to be provided by the State Board, which shall include: (1J For each entire election and for each ballot configuration used in it, the number of paper ballots shall equal the sum of paper ballots issued to voters and paper ballots not issued to voters, returned but not sent for tabulation because the voter voted at the polls, ballots spoiled, and paper ballots not returned. In each category of ballots issued, the report shall specify how many, if any, and in what category any emergency or affidavit ballots were used. (2) For each entire election and for each ballot configuration used in it, the number of paper ballots not issued to voters shall equal the sum of the number of paper ballots used for testing/sample purposes and paper ballots remaining unissued and unused. (B) The ballot accounting report shall be attested to by the county board commissioners and shall be retained in accordance with Election Law Section /29/2009

32 RETRIEVE BILL Page 1 of 3 Executive Voting systems security County board election officials shall take all steps necessary to ensure that the voting systems and election processes entrusted to them are protected against errors, accidents and malicious or fraudulent manipulation, consistent with voting system security procedures developed by the State Board. (A) The county board shall establish procedures and policies which protect the voting system facility itself, the voting systems stored therein, and servers and computer systems used therein. The county board shall also ensure that any security features or processes recommended by the vendor, such as virus protections, shall be implemented. The county board shall further provide within the facility, locked, secure storage for all ballots, system test materials, copies of software, copies of ballot programming, programming devices, memory devices, disability access devices, voting system keys, key cards, and all ancillary devices or voting system components and materials. (B) County boards shall adopt security procedures which restrict and document all access to voting systems, computer systems, software, firmware, system components, programming, test materials and any other ballot creation, counting or other system components. All programming, maintenance testing, pre-qualification and post-election testing and canvassing/recanvassing, shall be conducted by bi-partisan teams and be performed in secure, restricted-access space, and logs shall be maintained indicating task/staff assignments time in and out, security password change dates and other such pertinent data. (C) Internal security procedures shall require the frequent changing of passwords at established intervals, including prior to setup for use in any election. (1) If at any time the county board discovers that any password has been lost, shared or otherwise compromised, all passwords shall be changed. (2) If persons with administrative passwords are assisting in the performance of election tasks not related to the administration of the voting system, they shall perform such work using their staff password, and not their administrative password. (D) The county board shall maintain a log, in a manner prescribed by the State Board, which clearly tracks a chain of custody for each voting system. (1) A log shall be maintained for each voting system, identifying the placement of and serial number on each tamper-evident seal used to secure the voting system and its devices while in the custody of the county board, used to secure the device for delivery to poll sites, and for the securing and return of same, after the close of polls. (a) At any stage of the administration, programming or conduct of an election, if a tamper-evident seal is found to have been compromised, or if serial numbers as logged do not match those on the device, the matter shall be immediately documented and investigated. (b) The county board shall adopt procedures which direct their actions in such investigations, and which identify methods for the resolution or amelioration of such breaches of security. (2) A copy of county board security procedures and policies shall be filed with the State Beard upon adoption. (E) The Voting System Supporting Software, the Election Management Software (EMS) and the specific election configuration and ballot configuration for each election shall be maintained under control of the county board and placed in secure locked storage at all times when not in use. Master copies of all election configuration and ballot confighttp://nyslrs.state.ny.us/'nyslbdc]/regsget.cgi?querytype=getsect+&query... 5/29/2009

33 RETRIEVE BILL Page 2 of 3 uration shall be retained in secured locked storage as designated by the county commissioners and separate from the location of working copies, from the time of completion of pre-qualification demonstration testing and for as long after the election as required by law, these regulations, as ordered by a court, or as directed by the State Board. (F) The county board shall enforce the provisions of the Election Law which relate to canvassing and recanvassing of votes cast in an election, as well as these Regulations and directives of the State Board. (G) The voting system and any computers or other peripheral devices shall be dedicated solely to election configuration, ballot configuration (layout) and vote counting functions, including tests listed in Section pre-qualification and post-election testing. The system components used specifically for voting, such as any scanner, ORE or ballot marking device, shall not be capable of being networked: no modem, telecommunications nor wireless communications devices may be components of a voting system. Other components that are not physically or electronically connected to a scanner. ORE. ballot marking device or other component used specifically for voting may be configured as a Closed Network which cannot be connected to any other internal or external network. Such Closed Network may be used for the preparation of ballot configuration (layout) and vote counting functions. Any EMS system configured as a Closed Network requires prior approval and testing by the State Board of Elections. No unapproved software or hardware may be installed or run at any time on any part of the voting system. H) Audit records shall be prepared for all phases of election configuration and ballot configuration using devices under the care, custody and control of the county board. Such audit records shall address the election configuration and ballot configuration phase, pre-qualification tests, and voting and ballot-counting operations. The Voting System Supporting Software shall log and report audit data such that: (1) Systems shall provide the capability to create and maintain a real-time audit record to record and provide the operator or election inspector with continuous updates on voting system status. (2) All systems shall include a real-time clock as part of the system's hardware. The system shall maintain an absolute record of the time and date or a record relative to some event whose time and data are known and recorded. (3) All audit record entries shall include the time-and-date stamp. (4) The generation of audit record entries shall not be able to be term, or altered by program control, hardware control or by the intervention of any person. The physical security and integrity of the record shall be maintained at all times. (5) The system shall be capable of printing a copy of the audit record. (6) Any and all reports produced by the printer shall be retained by the county board in accordance with Election Law and these Regulations. (I) All vote counting programs, including the voting system supporting software and the specific election configuration and ballot configuration coding for each election, shall be available for inspection by the State Board. (J) The county board shall adept a contingency plan, which addresses how an election shall be configured, tested, conducted, and tabulated, in the event of an unanticipated or unavoidable event. Such plan shall, at a minimum, identify an alternate site within the county, from which election management, administrative or canvassing tasks can be conducted, in the event their own facility is unavailable to them or otherwise compromised. 5/29/2009

34 RETRIEVE BILL Page 3 of 3 (K) Following voting and ballot accounting, the ballots as originally secured at the close of polls on, shall be reassembled, packaged, sealed and labeled. (1) The county board shall develop a written plan for the retention and storage of the foregoing, and any other data processing materials related to the vote counting, and of all documentation of the election. (2) All such ballots, materials and documents shall be placed in locked storage in a secure location and shall remain there until the expiration of the period for challenging elections and for as long as required by law, State Board Regulations, or unless a court orders their release. (L) Voting systems and election management systems shall be implemented such that the county board's voting system will only accept election configuration and ballot configuration from that board's election management system and an election management system will only accept results from that board's voting systems, unless two or more county boards enter into a mutually-acceptable written agreement to share election configuration and ballot configuration programming services. A copy of such written agreement shall be filed with the State Board. 5/29/2009

35 RETRIEVE BILL Page 1 of 1 Executive Procedures. The county board shall adopt written procedures to further implement those provisions of the NYS Election Law, the State Board Regulations and the United States Election Assistance Commission's 2005 Voluntary Voting System Guidelines and any conditions specified in the State Board's certification of the voting system for use in New York elections. Such procedures shall include, but not be limited to, ballot security, ballot distribution and counting, the challenge process and systems evaluation. Such procedures shall also include security provisions covering the physical protection of facilities, data and communications access control, internal procedural security, contingency plans, and standards for programming, acceptance testing, audit trails and documentation. The State Board shall develop guidelines for the development of security procedures. All procedures shall be submitted to and approved by the State Board prior to the first use of these systems in an election. 5/29/2009

36 RETRIEVE BILL Page 1 of 2 Executive Standards for determining valid votes. The State Board hereby adopts the following regulations to provide for uniform, nondiscriminatory standards for establishing what constitutes a vote and what shall be counted as a vote for all categories of voting systems and voting procedures used in New York. The following standards shall apply in determining whether a ballot has been properly voted and whether a vote should be counted for any office or ballot question. (A.) The following general standards shall apply in the counting of all ballots and votes, regardless of the voting system used: (1) A ballot that is marked or signed by the voter in such a way that it can be identified from other ballots must be voided and none of its votes counted. Examples of such markings include, but are not limited to: voter signature, initials, voter name and address, voter identification number, messages or text, or unusual markings not related to indication of the vote choice for a contest. If there are distinctly identifiable markings on one page of a multiple-page ballot, the entire ballot must be voided. (2) A vote for any candidate or ballot measure shall not be rejected solely because the voter failed to follow instructions for marking the ballot. If, for any reason, it is impossible to determine the choice of the voter for any candidate or ballot question, the vote for that candidate or ballot question shall be considered void. (3) A mark is considered valid when it is clear that it represents the voter's choice and is the technique consistently used by the voter to indicate his or her selections. Such marks may include, but are not limited to, properly filled in voting position targets, cross mark "X", a checkmark, circles, completed open arrow, or any other clear indication of the voter's choice. (a) A mark crossed out by the voter, an erasure, or words such as 'no' next to a candidate's name or a voting position target area for a ballot question shall not be considered to be a valid vote but will, instead, be deemed an indication that the voter did not choose to cast a vote for that candidate or measure and the vote for that candidate or proposition shall be considered void. (4) In determining the validity of a partially filled-in voting position target area, the consistency of a voter's marks on the entire ballot shall be taken into consideration. A 'hesitation mark' such as a dot in the voting position target area shall not be considered a valid mark unless it is demonstrated that the voter consistently marked his or her ballot in such a manner. (5) Overvote. If a contest is marked with a greater number of choices of different candidates or ballot questions than the number for which he or she is lawfully entitled to vote, the vote shall not be counted for that contest, but shall be counted in all other contests in which there are no overvotes and the voter's choice can be clearly determined. (6) Undervote. If a contest is marked with a lesser number of choices of candidates or ballot questions than the number for which he or she is lawfully entitled to vote, the votes cast for all otherwise properly marked candidates or ballot questions shall be counted. (7) If a ballot is marked in each of two or more target areas or sensitive areas for a candidate whose name appears on the ballot more than once for the same office, and the total number of votes cast for such race for different candidates does not exceed the number for which he or she is lawfully entitled to vote, only the first vote for such candidate with multiple markings shall be counted for such candidate. (8) Ballots that are damaged, torn by the Board of Elections or its 5/29/2009

37 RETRIEVE BILL Page 2 of 2 agents, or otherwise non-machine processable as submitted by the voter, shall be manually counted by a bipartisan team of election inspectors and such vote totals shall be added to the canvass of such other valid ballots for the respective office(s) and ballot questions. (9) Unintended machine marks placed on a ballot by the voting system that are not made at the direction of the voter shall not invalidate the ballot. (10) If two or more persons are to be nominated or elected to the same office or position, a voter may vote for one or more persons whose names do appear on the ballot and one or more persons whose names do not appear on the ballot, provided that the total number of votes cast by the voter for that office or position does not exceed the number of persons to be elected or nominated to such office or position. (11) Abandoned Ballot. (a) If a voter leaves the voting machine or system without casting their ballot, a bipartisan team of election inspectors shall cause the ballot to be cast as the voter left it, without examining the ballot. (b) If a voter leaves their paper ballot in a privacy booth and leaves the polling place without first casting that ballot on the voting device, such ballot shall be marked 'spoiled 1 and retained by the election inspectors, accounted for in the Statement of Canvass, and returned in secure storage with such other spoiled ballots to the county board. (12) Write-in votes are votes cast for a person or persons whose name(s) do not appear on the official ballot. (a) Write-in votes for persons whose names appear on the official ballot for that office or party position shall not be counted. (b) A write-in vote may be cast by the use of a name stamp. (c) A write-in vote must be cast in the appropriate place on the machine, or it shall be void and not counted. (d) A voter need not write in the first and last name of a candidate in every situation; the standard is whether the election inspectors can reasonably determine the intent of the voter when they cast their ballot. (13) If a ballot is received that is a federal write-in absentee ballot (pursuant to 42 USC Section 1973ff-2), the county board shall canvass the ballot as follows: (a) If the overseas voter designated a candidate by writing in the name of the candidate or writing in the name of a political party, the vote is counted for the candidate of that party. (b) If the overseas voter wrote in only the last name of a candidate whose name appears on the ballot, the vote is counted for that candidate. (c) If the voter wrote in the name of only a candidate for President or only a candidate for Vice-president whose name appears on the ballot, the vote is counted for the electors of that candidate. The name is entered into the canvass as the official ballot name of the presidential candidate. (d) Abbreviations, misspellings or other minor variations in the form of the name of a candidate or political party shall be disregarded if the intention of the voter can be ascertained. The name is entered into the canvass so that its spelling matches the spelling of the candidate's official ballot name. If it is impossible to determine the voter's choice of a candidate or candidates for an office upon the official ballot, such vote shall not be counted, but shall be returned as a blank vote. 5/29/2009

38 RETRIEVE BILL Page 1 of 1 Executive Standards for determining valid votes on direct recording electronic (ORE) equipment. (A) A vote cast on a DRE voting device shall be the choice made by a voter, not to exceed the maximum allowable votes per race or question than the number for which the voter is eligible to vote, by pressing the appropriate sensitive area, or using an approved accessibility device to cast a vote on the DRE voting device in a manner to cause an "X", highlight or similar designation to display in the voting target position of the name of the candidate or ballot question for which the voter desires to vote, followed by the voter activating the cast vote indicator. (B) To select a candidate or vote on a ballot question, the voter shall: (1) Press the appropriate sensitive area on the touchscreen, press the button, target area, or use an approved accessibility device to choose a candidate or vote on a ballot question for which the voter desires to vote; (2) Type on the touchscreen, or use the scrolling device to select on the screen, the letters for the name of a write-in candidate in accordance with the instructions for voting on the DRE voting system and press the appropriate place on the touchscreen or press the button to record the write-in vote in the designated write-in space; (3) Press the appropriate place on the official ballot to designate a write-in candidate and write the name of a candidate on the paper provided in the write-in candidate window; or (4) Use an approved accessibility device on an accessible voting unit to signify the voter's selection of a particular candidate or to vote on a ballot question for which the voter desires to vote. (C) To verify selections the county board shall allow the voter in a private and independent manner to review and verify the votes selected by the voter on the ballot before the ballot is cast and counted, including the opportunity to change the ballot or correct any error before the ballot is cast and counted, including the opportunity to correct the error through the issuance of a replacement ballot if the voter was otherwise unable to change the ballot or correct the error. (D) To cast a ballot, the voter shall: (1) Press the place on the touchscreen or press the button to activate the cast ballot indicator, or (2) Use an approved accessibility device for the accessible voting unit to signify the voter's desire to cast the ballot. 5/29/2009

39 RETRIEVE BILL Page 1 of 2 Executive Standards for determining valid votes on optical scan voting systems and/or paper ballots. (A) Standards Indicating a Valid Vote. A vote cast on a paper ballot shall be the choice made by a voter, not to exceed the maximum allowable votes per race or question than the number for which the voter is eligible to vote, by: (the examples below in this section apply to all types of voting position target areas on ballots, regardless of what form they may take e.g. rectangle, oval, circle, square, open arrow): (1) Voter indicates vote choice by consistently filling inside the entire voting position target; (2) Voter indicates choice by consistently filling in less than the entire voting position target for all vote choices on the ballot and the ballot is processed in a manner consistent with the use procedures provided and approved for the voting system; (3) Voter indicates vote choice by consistently placing a distinctive mark, such as properly filled in voting position targets, a cross mark "X", a checkmark, a circle, or complete an open arrow inside the associated voting position target area for a candidate choice or ballot question; (4) Voter marks. vote choices by circling the entire voting position target area for a candidate or ballot question; (5) Voter writes in or stamps the name of a candidate in the designated write-in space for that race, even if the write-in square, oval or arrow is not marked; (6) A write-in vote in addition to a vote for another candidate for the office, with a greater number of choices of different candidates than the number for which he or she is lawfully entitled to vote, the vote shall not be counted for that contest, but shall be counted in all other contests in which there are not overvotes and the voter's choices can be clearly determined; (7) Any ballot which has any other mark or marks in the target area or sensitive area including circling the target area and/or candidate's name or making a mark through the target area, provided that the votes do not exceed the maximum allowable votes per race or question than the number for which the voter is eligible to vote, shall be counted as a vote for such candidate(s) or ballot question(s); (8) Any ballot which has a mark or marks in the target area or sensitive area for one candidate, which extended partially into one or more other target areas or sensitive areas, shall be counted as a vote for the candidate so marked only if it is readily apparent that at least 3/4 of the mark is in that candidate's area or target area, and no other candidate is similarly marked; (9) Any ballot which has a mark that is clearly next to (either before or after) a candidate's name, or across the name, shall be recognized as a mark and shall be counted as a vote for the candidate or question so marked; or (10) Writings or remarks which appear to be ranking the candidates (e.g. letters, numbers +/-) shall not be considered valid marks unless the number of such marks does not exceed the maximum allowable votes per race than the number for which the voter is eligible to vote. (B) Standards Indicating an Invalid Vote. A voter's choice shell be considered an invalid vote, if the: (1) Voter uses random markings and there is no distinctive and consistent voting pattern to clearly indicate voter choice(s). (2) A mark that is between or across more than one candidate's name, target areas or sensitive areas shall not be recognized as a mark and no vote shall be counted. 5/29/2009

40 RETRIEVE BILL Page 2 of 2 (C) Whenever paper ballots are to be counted manually, the county board of elections shall use the accompanying "Ballot Examples for Counting Paper Ballots" as guidance for such counts. 5/29/2009

41 RETRIEVE BILL Page 1 of 1 Executive Ballot examples for counting paper ballots. 5/29/2009

42 RETRIEVE BILL Page 1 of 1 Executive Standards for determining valid votes on lever type-voting machines. A vote cast on a lever-type voting machine, as specified by the legally valid ballot instructions, shall be the choice made by a voter, not to exceed the maximum allowable votes per race or question than the number for which the voter is eligible to vote, by either operating the lever adjacent to the name of the candidate or ballot question or by writing or stamping the name of a write-in candidate whose name does not otherwise appear on the ballot for that office, in or upon the proper receptacle or device provided, followed by the voter activating the cast vote mechanism. 5/29/2009

43 RETRIEVE BILL Page 1 of 1 Executive Three-percent (3%) audit. =GETSECT+&QUERY... 5/29/2009

44 RETRIEVE BILL Page 1 of 1 Executive Minimum number of voting machines. A. The purpose of these determinations is to establish the minimum number of required voting machines and privacy booths needed for each polling place based upon the type of voting system and the number of registered voters (excluding voters in inactive status) assigned to use that specific voting device in accordance with NYS Election Law sections and B. Determinations by Type of Voting System. (1) Direct Recording Electronic Voting systems: (a) There shall be at least one direct recording electronic voting device for every 550 registered voters (excluding voters in inactive status) at the polling place. (2) Precinct Based Optical Scan Voting Systems: (A) There shall be at least one scanning device for every 4,000 registered voters (excluding voters in inactive status) at the polling place. (B) Privacy Booths: (i) There shall be at least one privacy booth for every 300 registered voters (excluding voters in inactive status), except that in a general election for governor, or at elections at which electors for President of the United States are selected there shall be at least one privacy booth for every 250 registered voters (excluding voters in inactive status). (ii) At polling places that accommodate more than 6,000 registered voters (excluding voters in inactive status), there shall be one privacy booth for every 350 registered voters (excluding voters in inactive status) in a general election for governor, or at elections at which electors for President of the United States shall be selected; and one privacy booth for every 400 active voters in all other elections. (iii) A sufficient number of the privacy booths must be accessible to voters with disabilities. C. Obligations of the County Boards of Elections. (1) County boards shall deploy sufficient voting equipment, election workers and other resources so that voter waiting time at a poll site does not exceed thirty minutes. Each county board of elections may increase in a non-discriminatory manner, the number of voting devices used in any specific polling place. (2) The inspectors in each election district shall record the number of persons using audio, tactile or pneumatic switch ballot devices. The county board of elections shall furnish additional voting machines equipped with audio, tactile or pneumatic switch ballot devices when it appears that the number of persons historically using such devices warrant additional devices. D. The State Board of Elections may authorize a reduction in the number of voting devices provided in these regulations upon application of a county board of elections which demonstrates that such a reduction will not create excessive waiting time by voters. 5/29/2009

45 APPENDIX B Transcript of Feb. 18, 2010 New York State Board of Elections Meeting 1 1 The enclosed transcript is the relevant excerpt from the full transcript available at

46 February 18, 2010 NYSBOE Board Meeting Contract for Services Related to NYS Voter Data Replication to the Disaster Recovery Database. >> EVELYN AQUILA: That's yours, George. >> GEORGE STANTON: Well here again, I could probably make eyes glaze over. But the short stick is Replistore is the software used to keep our NYS voter database current in both this location and our disaster recovery location too. Because this location with the code and the disaster recovery location and all the voters would be there and everything would be up to date. The resolution is just to authorize to approve to renew this for $10,080 per year, utilizing HAVA requirement funds. >> DOUGLAS KELLNER: So moved. >> JAMES WALSH: Second? >> GREGORY PETERSON: Second. >> JAMES WALSH: All in favor? Ay. Opposed? Carried. Thank you. Discussion on Overvote Procedures Item C. Discussion Regarding Overvote Procedures on Optical Voting Systems. Commissioner Kellner. >> DOUGLAS KELLNER: This is an issue that has been brought to our attention by a letter that was addressed from a large number of voter integrity and good government groups and advocacy groups. A study was done of the screens that are used on scanners to notify voters that their ballot contains an overvote; in other words, where the voters for contest than is allowed and so the vote for that contest would be invalid, because they voted for more than the allowed number of people. What the study pointed out is that the way the screens now notify voters skews the information Page 16

47 February 18, 2010 NYSBOE Board Meeting given to the voter that makes it more likely that the voter will just press the override button, so that the voter ends up casting an invalid vote, than to take the ballot back and correct the error. Two states, Wisconsin and Florida, have addressed this issue by revising their screens, so the advocacy groups have asked New York to take a look and do the same thing. Now I understand that the staff had a meeting last week with the advocacy groups, and perhaps Anna could report on that, or Bob? >> ANNA SVIZZERO: I'd be happy to defer to anybody. I think it was more information gathering. They told us what their issues were and also told us what they wanted the outcome to be. From those conversations, we have diverted Bob, unfortunately from acceptance testing the requirements to try to do some initial research on this. We're compiling that. We haven't had a chance to meet in house yet to review the research that we can put together on what the systems do and what it will take to modify both of the systems that the board has certified. But once we do that, I think we'll be prepared for that follow up conference call with those groups, which I think is scheduled for next week at some point, Thursday I think. >>DOUGLAS KELLNER: I would urge you to continue with that. I think specifically the groups are asking for two things. One is that they're asking that we revise the notices that go up on the screen. The second thing that they're asking is that the ballot automatically be rejected is there is an overvote. My initial reaction on this is that I think they make a valid point on the screens. So, for example, the notification that comes up on the screen says "You've overvoted" and a green button comes up that says "Override this and a red button comes up that says "Take your ballot back to correct the error." So it does sort of skew it into pushing the override rather than the red button that is in the form of a stop sign that says "Take your ballot back." And I saw what Florida had just done Page 17

48 February 18, 2010 NYSBOE Board Meeting in revising this, just to reverse it. In big letters: "Warning, your vote will not count in this contest. Please correct the error. " And then the green button is to correct the error and the red button is to override. It just changes it. Now the other thing that the advocates have been asking is that the machine automatically rejects the ballot and not let the voter do the override. I'm not sure that they're right, that that's the best way to do it. All of this, unfortunately, does require work on the part of staff, and if we're going to change it, the vendors will have to modify the software and submit it for recertification. Now ES&S already did this in Florida, so if it was done properly and re-certified in Florida, then we shouldn't have to go through a whole rigmarole in doing it in New York. We don't know yet what Dominion's response to it will be. >> EVELYN AQUILA: I think there has to be a definition of what overvote means. If you've gone out on the street and said, "What would it mean if you voted and it came up overvote?" "Gee, I don't know" I just asked five people. Out of the five people, three of them did not know. And they were across the scan. I made sure I asked someone in their early 20s, someone who is about 50 and then I asked a senior citizen. Only two had an idea. "Well I must have voted for the same person twice and I must have voted one more than I was supposed to." But the other people said, "Overvote. What's an overvote?" So I think there's a definition. We understand because we do this, but I think there's a question Page 18

49 February 18, 2010 NYSBOE Board Meeting about people understanding. >> DOUGLAS KELLNER: Well you have to look at the screens, the text of the screens. >> EVELYN AQUILA: I have to. I haven't seen the screen or how it does it, but I even think there's a question of the simplest language, sometimes, confusing people. And I think we need to pay attention to that. I'm not trying to add another dimension to fixing this problem, but try it. Ask a few people that you know who just go out and vote and really don't think about it the other 363 days a year, and see what answers they give you. I was shocked. >> GREGORY PETERSON: I agree with you. I wouldn't be that shocked. Would an overvote on a council -- race or town board race, would that invalidate the entire ballot? If they hit override, they would lose their vote on that particular race. I agree that there's no way that someone is going to understand that by pressing an override button. >>EVELYN AQUILA: Someone said, you know, they give you a list sometimes for judges: vote for four and they give you a list for eight. Some people just go down the list, and then you've got an overvote. >> GERGORY PETERSON: With the lever machines at least the thing locked on you and you said "What's wrong?" and the inspector says, "Why are you taking so long?" "The machine jammed." "No it didn't. You tried to vote five times when it only wanted four votes." You're going to get a lot more of that with the paper ballot here. I don't know, however, whether we have the time for the elections of 2010 to get this done. Page 19

50 February 18, 2010 NYSBOE Board Meeting That's the problem. I agree with what they're saying, I agree that the appropriate thing is to make those changes. But to get it done, certified, etc.; we're under a tremendous time constraints here. I don't know how we'll get it done. >> DOUGLAS KELLNER: Well I suggest that they continue to look at it. >> BOB BREHM: Our communication with the group was one, and we explained our technical staff, Bob and his team, are all up at the acceptance testing center. We told them we had a preliminary call to listen to their concern and to hear firsthand what their questions were, other than what was in the letter, and that we would use the two weekend period of time to find out what we could about what the systems did and what it would take perhaps to change them, not saying we all agreed to change anything, but if we had to change something, how long would it take, what would the process be, and that we would get back to them next Thursday. One of the other issues that we talked about is the reality is going through these new machines, there may be other changes that come along, that we document that we need to do, so one, the procedure for changes, we need to make sure we're ready for, and we're looking for information on our voter education page. I know John mentioned what we're trying to do for voter education this year for the state, to go to the website and to learn how to use the equipment. We thought we could put more information however the machine will be for the election, whether it is changed in time or not, to put more information on that education website as to what the voter experience will be if they see such a message on a machine, to make sure we get as much information out to the voters as possible so that they at least understand what happens. And I think also comes to mind a little bit because the Chautauqua County case just made it to the Page 20

51 February 18, 2010 NYSBOE Board Meeting Court of Appeals last week, and a number of us watched, either on the webcast or Paul and I had gone over in person and the court was somewhat concerned about a number of things but they were the two ballots that the scanner was unable to scan for whatever reason. They never really got into the issues in court, why the scanner couldn't read them, but when the scanner couldn't read them, what should happen. The lower court upheld our regulation that said if the ballot was otherwise unreadable or machine processable, that they are counted by hand to the extent they can be and they are added to the totals. The lower court upheld that. And a lot of the issues came up to, was when the ballot went into the machine, what training is there for the voter to know, wait 8 seconds because it may kick right back at you. Or what are they supposed to do once they put it in. We trained the poll worker what to expect, but by the time the poll worker turned around and saw one of the pieces of paper in there, one of the voters had already left. So the training and education, having sat through that session in the court and now hearing the same issue raised by many of the advocates, we have to update the voter education information anyway and we are going to spend some money to drive voters to that site to learn how to use it; we want to make sure it includes some of these examples, so at least the voter knows ask for assistance, wait for something to happen, so you know the machine accepted your ballot, or if it kicks it back out or if it gives you a warning, what is the proper information to get to that? >> GREGORY PETERSON: Is there any kind of simplistic explanation that we could put forth in each of the collection districts? >> KIM GALVIN: In the privacy booths, posted in the privacy booths? >> GREGORY PETERSON: Posted in the booth: overvote means, whatever we feel is the most important faux pas that they may make. Page 21

52 February 18, 2010 NYSBOE Board Meeting If it happens to be an overvote, overvote means you have voted more than once, more than you can. I can't even explain it now. (laughter) Put it out as succinctly as possible. >> EVELYN AQUILA: In the most simple language. >> GREGORY PETERSON: This will not count, press red button not green button so at least they will know. Something along those lines, which would be a relatively inexpensive cure, band-aid approach. >> EVELYN AQUILA: Like we say if we educate the inspector, the inspector is talking to five people maybe because they are going to be very busy. >> GREGORY PETERSON: Yes they are. >> EVELYN AQUILA: And some people say, "The heck with it; I'll go home." So I think we want to make the voter comfortable, that's very important. And simple minded. >> BOB BREHM: A lot of the counties are spending their education money printing up brochures, so if there were some uniform language that we came up with, we could provide it to the counties as, "here's the language we think is clear, please include it in any mailing." Especially if we're helping pay for the mailing, maybe we could suggest more strongly that they include it or they could at least put it in the website. Any of that standard language, that helps. We're all learning with the new equipment. >> PAUL COLLINS: Commissioner Peterson, you're not alone in your question because that's what the Court of Appeals was very, very interested in. What were the instructions in the, they kept using the term "polling place." Page 22

53 February 18, 2010 NYSBOE Board Meeting I'm not quite sure they comprehended the difference between the privacy booth and the scanning area but they wanted to know what were the instructions that were posted, where were they posted. >> GREGORY PETERSON: I'll bet they couldn't come up with language like I just did either. (laughter) >> KIM GALVIN: I'll bet you the traditional races are where it happens most often. >> That's true. >> KIM GALVIN: That's why they are paying so much attention to it. (laughter) >> EVELYN AQUILA: I think that the brochure is a very good idea but I think it also may be very daunting to some people. They see a brochure and think, I have to read twelve pages to go vote. It has to be these simple things: Do A, B, C, D and you can vote. It can't be now read this and that, because it will discourage people from voting and it will give them more things to make mistakes with. >> JAMES WALSH: I think it is obvious that we are in unanimous agreement here and that it is a very legitimate request and some more discussions will have to take place with some various entities, but please keep us informed and help us to come to a solution if we can. >> ANNA SVIZZERO: We'll do that. I just wanted to point out that if you did overvote, if your over vote was for the same person more than once, that vote will count one time. For example... >> DOUGLAS KELLNER: It's not technically an overvote. >> ANNA SVIZZERO: On these scanners now, that vote will actually count, so that won't be voided, but if you voted for five people instead of four in a four race then that's clearly an overvote and that's where the voter becomes disenfranchised in that race only as you put it Page 23

54 February 18, 2010 NYSBOE Board Meeting down. >> EVELYN AQUILA: In other words, --, what you're saying is if I vote for Joe Blow on the Democratic line and on the Peoples -- line and on the Conservative line, that vote would only count once. But if you voted where it says "Vote for three" but you voted for four, you have an overvote. I understood that but I just wanted to be clear. >> JAMES WALSH: Which party would be recorded as the vote? >> ANNA SVIZZERO: The first appearance of the candidate's name. >> JAMES WALSH: And when there are four on one side, four on the other, how is that numerically laid out? Is it vertical? >> ANNA SVIZZERO: We're still staying consistent with the ballot layout in that column order, so your name would always appear in the same column, only on multiple lines. So if you were on a Republican line, Conservative line, Working Families line, the Republican vote would count, whatever the first appearance of that candidate's name is. >> BOB BREHM: So if you were there on three lines, Republican, Conservative, Working Family. If they voted you Conservative, Working Family, it would be the first appearing, so Conservative, it starts at the top. So it wouldn't move it up to Republican if they didn't vote for that person. It's where they first voted for that candidate, the highest appearing, where they are first appearing. >> EVELYN AQUILA: In New York City sometimes they are across the ballot. You know what I mean? >> It's the same idea. >> EVELYN AQUILA: The same idea, whoever they hit first counts. >> JAMES WALSH: Executive session, do we have a motion? Page 24

55 February 18, 2010 NYSBOE Board Meeting >> DOUGLAS KELLNER: Before we do that, could we set the date for the next meeting. And I don't think there is anything for us to vote on after Executive Session. >> EVELYN AQUILA: The week of March 13th I'll be away. >> DOUGLAS KELLNER: Well I was suggesting maybe the 22nd or the 23rd. The 22nd is a Monday, the 23rd is a Tuesday. >> Tuesday is a little easier. >> Tuesday, March 23rd. >> DOUGLAS KELLNER: Ok, as I said, I don't think there is anything we need to vote on in Executive Session, so we can terminate the camera. We won't be coming back. My motion is that we go into Executive Session to discuss pending litigation and the investigations and campaign financing. >> Second. >> All in favor. >> Ay. >> Opposed. Apparently we have Executive Session. Executive Session End Page 25

56 APPENDIX C Comparison of Overvote Rates in Presidential Contest for Absentee and In-Precinct Election Day Voting in Florida in 2008

57 Comparison of Overvote Rates in Presidential Contest for Absentee and In- Precinct Voting in Florida in 2008 In DS200 Counties Counties that used the DS200 and adopted the challenged overvote handling procedure had nearly exactly the same overvote rate for in-precinct voting on as for absentee ballots. In other words, voters who chose to vote inprecinct on were not provided with an effective overvote protection. Specifically, they had a presidential contest overvote rate of 0.59% for absentee voters, and 0.54% for in-precinct voters on. For some perspective, an overvote rate of 0.54% would have produced approximately 13,000 overvotes in New York City in 2008 and over 40,000 overvotes statewide (by contrast, there were no overvotes on New York s lever machines). In Counties where Overvoted Ballots Are Immediately Rejected Two voting systems in Florida were programmed to immediately reject overvoted ballots. In both cases, in-precinct overvote rates were almost brought down to zero. In counties that used the first system, the ES&S Optech, absentee overvote rates were 0.45% versus 0.03% for in-precinct overvotes (the difference would have represented over 30,000 votes in New York State in November 2010). For counties that used the Premier OS and OSx, absentee overvote rates were 0.27% versus 0.4% for in-precinct overvote rates (even starting out with this relative low overvote rate for absentee ballots, the difference between these two rates would have represented nearly 20,000 extra lost votes in New York State in November 2010).

58 APPENDIX D Data Used in Florida Disparate Impact Analysis

59 Miami-Dade County 2008 Precinct Precinct Name Votes Ballots Cast Overvotes Registration Statistics White Voters Black Voters Hispanic Voters Other Race Voters Black Hispanic 1 Sunny Isles Beach Gov. Ctr St. Mary Magdalen Catholic Winston Towers Assn Intercoastal Yacht Club Arlen House Condo West Church by the Sea Bay Harbor Town Hall Broad Elementary Town of Surfside Town of Surfside Biscayne Elementary Church by the Sea North Shore Branch Library North Shore Park Youth Ctr Indian Creek Fire Station # North Bay Village City Hall Treasure Island Elementary Normandy Park & Pool Miami Beach Hispanic Com. Ctr Miami Beach Fire Station # North Shore Park Youth Ctr Miami Beach Fire Station # Miami Beach Fire Station # Nautilus Middle School Miami Beach Fire Station # Temple Beth Sholom Miami Beach Regional Library Temple Beth Sholom North Beach Elementary Miami Beach Botanical Garden Miami City Ballet Miami Beach Regional Library St. Recreational Ctr Miami Beach Botanical Garden St. Recreational Ctr Flamingo Park Boys/Girls Club Miami Beach City Hall VFW Post Miami Beach Fire Station # South Pointe Elementary Miami Beach Fire Station # Fienberg Fisher K Miami Beach Police Dept Ocean Front Auditorium Miami City Ballet

60 Miami-Dade County 2008 Precinct Precinct Name Votes Ballots Cast Overvotes Registration Statistics White Voters Black Voters Hispanic Voters Other Race Voters Black Hispanic 46 South Shore Community Ctr Rebecca Towers Rebecca Towers Key Biscayne Community Ctr Key Biscayne Community Ctr Key Biscayne Community Ctr None St. Recreational Ctr Bldg UOCAVA--FED ONLY Highland Oaks Elementary Aventura Community Rec. Ctr Aventura Gov. Ctr Ojus Recreation Center Highland Oaks Middle Greynolds Park Elementary N. Miami Beach Fire Station # New Horizons Condo Aventura Gov. Ctr McDonald Center Commodore Plaza Tower Plaza del Prado Condo Point East Condo McDonald Center Uleta Community Center Uleta Community Center JFK Middle School Sabal Palm Elementary N. Miami Beach Sr. High Fulford UM Church McDonald Center Eden Isles Condo Highland Village Allen Park Community Center Washington Park Com. Ctr Oak Grove Park N. Miami Bch Church Nazarene st Baptist of Greater Miami TJ Middle School TJ Middle School MD County Fire Station # Fulford UM Church Sunkist Grove Comm. Ctr Miami Union Academy North Miami Jaycees North Miami Elementary

61 Miami-Dade County 2008 Precinct Precinct Name Votes Ballots Cast Overvotes Registration Statistics White Voters Black Voters Hispanic Voters Other Race Voters Black Hispanic 139 North Miami Jaycees Haitian Evangelical Baptist Korean Presbyterian Holy Cross Christian Day School First Church North Miami First Church North Miami Natural Bridge Elementary Keystone Park Com. Ctr Margolis Comm. Ctr Beth Moshe Congregation Margolis Comm. Ctr Margolis Comm. Ctr Ed Burke Recreation Ctr VFW Post # Stanton Memorial Baptist Sibley Elementary Miami Shores Christian Church Catholic Com. Svcs. Sr. Ctr McCall Community Ctr Miller Elementary El Portal City Hall Horace Mann Middle School Soar Memorial Park Margolis Comm. Ctr MD County Fire Station # Uleta Community Center Margolis Comm. Ctr North Miami Elementary Sunkist Grove Comm. Ctr Carrie Meek Elementary Miami Union Academy Korean Presbyterian Margolis Comm. Ctr Ed Burke Recreation Ctr VFW Post # McCall Community Ctr McCall Community Ctr McCall Community Ctr Griffing Senior Citizens Ctr Horace Mann Middle School Aventura Community Rec. Ctr MD County Fire Station # Aventura Community Rec. Ctr Griffing Senior Citizens Ctr Reeves Elementary

62 Miami-Dade County 2008 Precinct Precinct Name Votes Ballots Cast Overvotes Registration Statistics White Voters Black Voters Hispanic Voters Other Race Voters Black Hispanic 189 Haitian Evangelical Baptist Landmark Campus Landmark Campus North County Elementary Antioch Missionary Baptist Renick Educational Ctr Norland UM Church Ro-Mont South Rec Lake Park Condo Ives Elementary St. Basil Catholic Hibiscus Elementary Ro-Mont South Rec North Dade Community Church Holy Family Episcopal Sierra Norwood Calvary Grace United Com. Church Hotel Roma Golden Glades North Dade Middle School Bunche Park Elementary New Way Fellowship Baptist Parkview Elementary Miami Gardens Church of Christ Cosmopolitan Baptist Miami Carol City Sr. High Myrtle Grove Presbyterian Golden Glades Elementary A.J. King Park Carol City Middle School St. Timothy Lutheran Lake Stevens Middle School Bible Baptist Church North Glade Elementary Florida Memorial University Mt. Zion AME Church New Fellowship Christian Ctr Kalar Banquet Hall Young Elementary New Birth Church East New Birth Church East Carrie Meek Elementary Miami Park Elementary Lakeview Elementary Faith Community Baptist Twin Lakes Community Ctr

63 Miami-Dade County 2008 Precinct Precinct Name Votes Ballots Cast Overvotes Registration Statistics White Voters Black Voters Hispanic Voters Other Race Voters Black Hispanic 245 Bible Baptist Church Mt. Zion Apostolic Temple Madison Middle School North Central Branch Library Covenant Palms Housing Project Mt. Carmel Missionary Baptist Arcola Lakes Community Park Arcola Park Palm Court Apt Highway Church Apostle Faith Evans Elementary Sharpe Towers St. James Economic Dev. Ctr NFL Yet Center Dayspring Missionary Baptist MLK Memorial Park Olinda Elementary Pepper Towers Lorah Park Elementary Pharr Elementary Opa-Locka Senior Citizen Bldg Reaves Sr. Park Universal Truth Center Reeves Elementary Mt. Zion AME Church MD County Fire Station # Cultural Arts Center Wyche Elementary Landmark Campus Carol City Elementary North Glade Elementary Florida Memorial University Mt. Zion Apostolic Temple Dayspring Missionary Baptist Covenant Palms Housing Project Opa-Locka Senior Citizen Bldg Reaves Sr. Park Lorah Park Elementary Lake Stevens Middle School Melrose Elementary Melrose Elementary Pepper Towers Pharr Elementary Olinda Elementary Miami Fire Fighter Benevolent

64 Miami-Dade County 2008 Precinct Precinct Name Votes Ballots Cast Overvotes Registration Statistics White Voters Black Voters Hispanic Voters Other Race Voters Black Hispanic 290 Landmark Campus Miami Gardens Elementary Freewill Christian Ro-Mont South Rec North Dade Community Church North Dade Regional Library Ingram Elementary North Palm Baptist Reach Park Sunrise Presbyterian Country Village Park Miami Lakes Branch Library Miami Lakes Middle School Miami Lakes UM Miami Lakes K Slade Park Hialeah-Miami Lakes Sr. High Salvation Army Cristo Vive Hermanos Kalar Banquet Hall Hialeah Middle School Palm Springs Elementary O'Quinn Park Hialeah Fire Station # Du Puis Elementary Wilde Community Ctr Sparks Park Wilde Community Ctr Sheppard Elementary La Esperanza Sr. Housing Projec Vivian Villas Knights of Columbus Goodlet Park Jose Marti Middle School Milander Park Hialeah Fire Station # VFW Post # Milander Park Walker Community Ctr Bright Elementary Salvation Army Cotson Sr. Park Hialeah Fire Station # Bright Park Rec. Ctr Hialeah Moose Lodge $

65 Miami-Dade County 2008 Precinct Precinct Name Votes Ballots Cast Overvotes Registration Statistics White Voters Black Voters Hispanic Voters Other Race Voters Black Hispanic 339 Hialeah Fire Station # Babcock Park West End Park Com. House South East Park Miami Springs Middle School Miami Springs Rec. Ctr Miami Springs Rec. Ctr Springview Elementary Virginia Gardens Town Hall Medley Town Hall Hialeah Gardens Comm. Hall Good Elementary Moors Club Center Miami Lakes Com. Ctr. West North Trail Park Palm Springs Middle School Heartland Health Care Ctr Medley Town Hall Palm Lakes Elementary Heartland Health Care Ctr Roberto Casas park Graham Elementary Patterson Pavillion Meadowlane Elementary Dent park palm Springs north Fire Station # Chiles Middle School Doral Isles Island Club imperial lakes Club house Westland Gardens Park North Palm Baptist Sunrise Presbyterian Good Elementary Country Village Park Miami Lakes Branch Library Dent park Patterson Pavillion Bright Elementary Walker Community Ctr VFW Post # Hialeah Fire Station # hialeah fire station # Babcock Park South East Park none 0 0 0

66 Miami-Dade County 2008 Precinct Precinct Name Votes Ballots Cast Overvotes Registration Statistics White Voters Black Voters Hispanic Voters Other Race Voters Black Hispanic 384 imperial lakes Club house Goleman Sr. high school none Tinsman housing Authority West hialeah Gardens Elementar palm Springs north Elementary Graham Education Ctr Fire Fighter memorial Bldg Curry middle School la Catedral del pueblo Seminole Elementary Dario park Stirrup Sr. Elementary School Pepper Sr. Center Fontainebleu milton Rental Apt Sweetwater Elementary Canosa youth center Bell middle School Belen jesuit preparatory School Greenglade Elementary hall Elementary university lakes Recreation hall Douglas Elementary Tamiami Regional park Tamiami Regional park West Dade Regional library Coral Estates park Bautista Coral park Everglades Elementary West miami middle School Tamiami Baptist Centro Cristiano open Bible Temple open Bible Temple West miami Recreation Ctr iglesia Advenista Ebenezer iglesia Advenista Ebenezer leisure Access Center Barnes park Emerson Elementary Banyan Elementary Rockway middle School Rockway park Rec. Bldg olympia heights Elementary messiah lutheran

67 Miami-Dade County 2008 Precinct Precinct Name Votes Ballots Cast Overvotes Registration Statistics White Voters Black Voters Hispanic Voters Other Race Voters Black Hispanic 439 St. Simons Episcoal Village Green Elementary Saffir mdc permit center Days inn miami intl. airport hotel hadley Elementary matthews Elementary Women's history gallery Fire Fighter memorial Bldg our lady divine providence Women's history gallery Thomas middle school Smith Elementary Braddock School Thomas School North Trail Park Doral middle School Bell middle School Belen jesuit preparatory School hall Elementary Tamiami Regional park Greenglade Elementary Sweetwater Elementary Ferguson Sr. high Reagan Sr. high little River Elementary Deliverance Tabernacle hud legion memorial park St. matthew freewill baptist Edison Courts Com. Ctr Crowder Elementary liberty Square Comm. Ctr Flagler Dog Track Flagler Dog Track Grove Baptist St. paul institutional open Door ucc miami Edison middle louverture Elementary morningside park jerusalem french SDA Church of God prophecy Shadowlawn Elementary meek Art Center Edison Towers

68 Miami-Dade County 2008 Precinct Precinct Name Votes Ballots Cast Overvotes Registration Statistics White Voters Black Voters Hispanic Voters Other Race Voters Black Hispanic 522 moore park Ebenezer um church Simpson park recreation Duarte park Curtis park communiy house Duarte park Allapattah Branch library Corpus Christi Catholic Comstock Elementary pepper Com. Ctr. Ii Christ episcopal Culmer neighborhood Svc Ctr miami fire station Dunbar Elementary Wheatley elementary De hostas Center unity on the Bay miami fire station none miami fire station jack orr Senor Center hud Trinity Cathedral hall polish American Club miami city hall maimi fire station st. michael's church kensington park elementary Miami Fire Fighter Benevolent Flagler Dog Track badia senior cener high community house iglesia bautista renovacion West End Park Com. House residential plaza ig. Cristiano ref buen samaritano kinloch park community ctr Ebenezer freewill baptist kinloch middle school iglesia bautista resurrecion st. michael's church little havana housing project hud riverside elementary hope center

69 Miami-Dade County 2008 Precinct Precinct Name Votes Ballots Cast Overvotes Registration Statistics White Voters Black Voters Hispanic Voters Other Race Voters Black Hispanic 567 Simpson park recreation Simpson park recreation immanuel lutheran Coral Way Elementary El Cordero presbyterian shenandoah elementary shenandoah park community hou iglesia bautista resurrecion Smathers Senior Center coral gate park com. Ctr douglas park community house iglesia bautista resurrecion silver bluff elementary little River Elementary museum of science museum of science miami fire station Rolle Service center Virrick park md water sewer authority plymouth congregational church Allapattah Branch library Curtis park communiy house Deliverance Tabernacle malcolm ross senior center legion memorial park citrus grove middle school El Cordero presbyterian unity on the Bay St. paul institutional moore park malcolm ross senior center De hostas Center venetian pool st UM church of coral gables central christian church of Dade American legion post coral gables youth center south miami american legion coral gables congregational country club of coral gables coral gables youth center coral gables senior high st. augustine catholic ponce de leon middle school

70 Miami-Dade County 2008 Precinct Precinct Name Votes Ballots Cast Overvotes Registration Statistics White Voters Black Voters Hispanic Voters Other Race Voters Black Hispanic 614 coral gables fire station coco plum woman's club gulliver preparatory school fire rescue station old cutler presbyterian coco plum woman's club fairchild elementary st UM church of south miami palmetto presbyterian university christian coral pine park coral pine park christ the king lutheran kendall um church miami palmetto sr. high palmetto elementary palmetto middle bet shira congregation coral gables women's club Virrick park md water sewer authority coral gables branch library coral gables congregational coral gables sr. high st. augustine catholic bank utd center university miami riviera presbyterian university christian riviera presbyterian old cutler presbyterian kendall um church christ the king lutheran miami palmetto sr. high palmetto middle fairchild elementary palmetto presbyterian university christian ashe elementary lake of the meadows rec. ctr ramblewood condo bent tree elementary west bird fire station elim missionary assembly german american social club royal palm elementary

71 Miami-Dade County 2008 Precinct Precinct Name Votes Ballots Cast Overvotes Registration Statistics White Voters Black Voters Hispanic Voters Other Race Voters Black Hispanic 709 royal palm elementary westwood park Devon Aire elementary st. timothy catholic tropical estates recreation miller drive park southwest miami sr. high tropical park comm. Ctr south miami sr. high miami elk's lodge unitarian universalist alpha& omega church kings creek village rec. ctr snapper creek elementary kendall branch library miami elk's lodge blue lakes elementary snapper creek elementary sunset park elementary kruse educational center sunset gardens apt snapper creek townhouse cypress elementary mcmillan middle ra ig bautista de coral park kendale lakes elementary promenade condo fascell elementary hoover elementary varela high school hammocks fire station pepper elementary The Crossing Country Club River of life church devon aire park calusa elementary st. catherine of siena church lehman elementary alper jewish com. Ctr kendale elementary Ehmanm Recreation Ctr kendall church of god Grace church of kendall continental park concordia lutheran

72 Miami-Dade County 2008 Precinct Precinct Name Votes Ballots Cast Overvotes Registration Statistics White Voters Black Voters Hispanic Voters Other Race Voters Black Hispanic 754 leewood elementary killian pines um church floyd elementary country walk park rec. ctr miami first church of the nazarene south kendall community church kendall presbyterian kendall presbyterian west kendall regional library miami sunset sr high Doolin middle general conference 7th day adven porter elementary Heartland Health Care Ctr richmond fire station arvida middle kendall village center killian pines um church mcmillan park bird lakes park hammocks middle westwind lakes park munne center miami elk's lodge miami elk's lodge university christian none calusa elementary good shepherd catholic st. catherine of siena church kendall village center kendale lakes elementary kendale elementary kendall church of god River of life church none south kendall community church miami first church of the nazarene our lady of lourdes church templo el rey jesus south miami sr. high unitarian universalist templo el rey jesus md fire station eureka villas park

73 Miami-Dade County 2008 Precinct Precinct Name Votes Ballots Cast Overvotes Registration Statistics White Voters Black Voters Hispanic Voters Other Race Voters Black Hispanic 801 delancy park cope center south richmond heights middle school coral reef branch library palmetto bay village center coral reef park howard drive elementary st. andrews episcopal christ congregational st. richard parish center marlin moore post kindgom covenant church christ the king catholic glendale baptist children's home society church of the ascension colonial drive park beckford elementary gramercy park nursing center palmetto bay village center perrine-peters um church east ridge retirement village cutler ridge um church pinelands presbyterian church south dade regional library moton elementary southridge sr. high caribbean elementary upper room assembly of god creative years withers enrichment ctr whigham elementary goulds park morning star baptist iglesia methodista americana village condo southwood middle south miami heights elementary mt. pleasant baptist palmetto golf course morgan vocational tech kingdom covenant church goulds park southwood middle iglesia methodista

74 Miami-Dade County 2008 Precinct Precinct Name Votes Ballots Cast Overvotes Registration Statistics White Voters Black Voters Hispanic Voters Other Race Voters Black Hispanic 846 upper room assembly of god centennial middle creative years mt. pleasant baptist christ congregational southridge sr. high morning star baptist americana village condo St. Timothy Lutheran fruit and spice park silver palm um church hidden grove rental community naranja neighborhood service ctr iglesia cristiana el buen samaritan iglesia cristiana el buen samaritan villages of homestead audubon naranja park recreational ctr new beginnings christian fellowsh Hospital alma lutheran st. martin de porres catholic redlands community church south dade park agricultural cooperative ext city church of homestead homestead family ymca homestead family ymca sacred heart parish ctr homestead stadium clubhouse williams community center williams community center florida city/homestead srv ctr florida city town hall redlands community church church of the rock jesus christ west homestead elementary mlk jr. clinic goulds church of christ mlk jr. clinic williams community center st. martin de porres catholic goulds church of christ south dade baptist waterstone grand williams community center west homestead elementary

75 Miami-Dade County 2008 Precinct Precinct Name Votes Ballots Cast Overvotes Registration Statistics White Voters Black Voters Hispanic Voters Other Race Voters Black Hispanic 937 florida city elementary florida city elementary homestead stadium clubhouse campbell drive middle silver palm um church hidden grove rental community redlands community church naranja park recreational ctr south dade park new beginnings christian fellowsh church of the rock jesus christ none villages of homestead audubon redlands community church florida city town hall fruit and spice park south dade baptist kinlock park middle museum of science kinloch park community ctr pepper Com. Ctr. Ii Ebenezer um church louverture Elementary morningside elementary liberty Square Comm. Ctr Comstock Elementary Allapattah Branch library Allapattah Branch library Trinity Cathedral hall miami fire station jack orr Senor Center Curtis park communiy house Curtis park communiy house citrus grove middle school hud hud st. dominic gardens st. dominic gardens ig cristiana ref buen samaritana Ebenezer freewill baptist immanuel lutheran Simpson park recreation polish American Club museum of science morningside park

76 Miami-Dade County 2008 Precinct Precinct Name 1 Sunny Isles Beach Gov. Ctr 2 St. Mary Magdalen Catholic 3 Winston Towers Assn 4 Intercoastal Yacht Club 5 Arlen House Condo West 6 Church by the Sea 7 Bay Harbor Town Hall 8 Broad Elementary 9 Town of Surfside 10 Town of Surfside 11 Biscayne Elementary 12 Church by the Sea 13 North Shore Branch Library 14 North Shore Park Youth Ctr. 15 Indian Creek Fire Station #4 16 North Bay Village City Hall 17 Treasure Island Elementary 18 Normandy Park & Pool 19 Miami Beach Hispanic Com. Ctr. 20 Miami Beach Fire Station #3 21 North Shore Park Youth Ctr. 22 Miami Beach Fire Station #3 23 Miami Beach Fire Station #3 24 Nautilus Middle School 25 Miami Beach Fire Station #3 26 Temple Beth Sholom 27 Miami Beach Regional Library 28 Temple Beth Sholom 29 North Beach Elementary 30 Miami Beach Botanical Garden 31 Miami City Ballet 32 Miami Beach Regional Library 33 21St. Recreational Ctr. 34 Miami Beach Botanical Garden 35 21St. Recreational Ctr. 36 Flamingo Park Boys/Girls Club 37 Miami Beach City Hall 38 VFW Post Miami Beach Fire Station #1 40 South Pointe Elementary 41 Miami Beach Fire Station #1 42 Fienberg Fisher K-8 43 Miami Beach Police Dept. 44 Ocean Front Auditorium 45 Miami City Ballet Nonwhite overvote rate

77 Miami-Dade County 2008 Precinct Precinct Name 46 South Shore Community Ctr. 47 Rebecca Towers 48 Rebecca Towers 49 Key Biscayne Community Ctr. 50 Key Biscayne Community Ctr. 51 Key Biscayne Community Ctr. 52 None 53 21St. Recreational Ctr Bldg UOCAVA--FED ONLY 101 Highland Oaks Elementary 102 Aventura Community Rec. Ctr. 103 Aventura Gov. Ctr. 104 Ojus Recreation Center 105 Highland Oaks Middle 106 Greynolds Park Elementary 107 N. Miami Beach Fire Station # New Horizons Condo 109 Aventura Gov. Ctr. 110 McDonald Center 111 Commodore Plaza Tower 112 Plaza del Prado Condo 113 Point East Condo 115 McDonald Center 116 Uleta Community Center 117 Uleta Community Center 118 JFK Middle School 119 Sabal Palm Elementary 120 N. Miami Beach Sr. High 121 Fulford UM Church 123 McDonald Center 124 Eden Isles Condo 125 Highland Village 126 Allen Park Community Center 127 Washington Park Com. Ctr. 128 Oak Grove Park 129 N. Miami Bch Church Nazarene 130 1st Baptist of Greater Miami 131 TJ Middle School 132 TJ Middle School 133 MD County Fire Station # Fulford UM Church 135 Sunkist Grove Comm. Ctr. 136 Miami Union Academy 137 North Miami Jaycees 138 North Miami Elementary Nonwhite overvote rate

78 Miami-Dade County 2008 Precinct Precinct Name 139 North Miami Jaycees 140 Haitian Evangelical Baptist 141 Korean Presbyterian 142 Holy Cross Christian Day School 143 First Church North Miami 144 First Church North Miami 145 Natural Bridge Elementary 146 Keystone Park Com. Ctr. 147 Margolis Comm. Ctr. 148 Beth Moshe Congregation 149 Margolis Comm. Ctr. 150 Margolis Comm. Ctr. 151 Ed Burke Recreation Ctr. 152 VFW Post # Stanton Memorial Baptist 154 Sibley Elementary 155 Miami Shores Christian Church 156 Catholic Com. Svcs. Sr. Ctr. 157 McCall Community Ctr. 158 Miller Elementary 159 El Portal City Hall 161 Horace Mann Middle School 162 Soar Memorial Park 164 Margolis Comm. Ctr. 165 MD County Fire Station # Uleta Community Center 169 Margolis Comm. Ctr. 170 North Miami Elementary 172 Sunkist Grove Comm. Ctr. 173 Carrie Meek Elementary 174 Miami Union Academy 175 Korean Presbyterian 176 Margolis Comm. Ctr. 177 Ed Burke Recreation Ctr. 178 VFW Post # McCall Community Ctr. 180 McCall Community Ctr. 181 McCall Community Ctr. 182 Griffing Senior Citizens Ctr. 183 Horace Mann Middle School 184 Aventura Community Rec. Ctr. 185 MD County Fire Station # Aventura Community Rec. Ctr. 187 Griffing Senior Citizens Ctr. 188 Reeves Elementary Nonwhite overvote rate

79 Miami-Dade County 2008 Precinct Precinct Name 189 Haitian Evangelical Baptist 201 Landmark Campus 202 Landmark Campus 203 North County Elementary 204 Antioch Missionary Baptist 205 Renick Educational Ctr. 206 Norland UM Church 207 Ro-Mont South Rec. 208 Lake Park Condo 209 Ives Elementary 210 St. Basil Catholic 211 Hibiscus Elementary 212 Ro-Mont South Rec. 213 North Dade Community Church 214 Holy Family Episcopal 215 Sierra Norwood Calvary 216 Grace United Com. Church 217 Hotel Roma Golden Glades 218 North Dade Middle School 219 Bunche Park Elementary 220 New Way Fellowship Baptist 221 Parkview Elementary 222 Miami Gardens Church of Christ 223 Cosmopolitan Baptist 224 Miami Carol City Sr. High 225 Myrtle Grove Presbyterian 226 Golden Glades Elementary 227 A.J. King Park 228 Carol City Middle School 229 St. Timothy Lutheran 230 Lake Stevens Middle School 231 Bible Baptist Church 232 North Glade Elementary 233 Florida Memorial University 234 Mt. Zion AME Church 235 New Fellowship Christian Ctr. 236 Kalar Banquet Hall 237 Young Elementary 238 New Birth Church East 239 New Birth Church East 240 Carrie Meek Elementary 241 Miami Park Elementary 242 Lakeview Elementary 243 Faith Community Baptist 244 Twin Lakes Community Ctr. Nonwhite overvote rate

80 Miami-Dade County 2008 Precinct Precinct Name 245 Bible Baptist Church 246 Mt. Zion Apostolic Temple 247 Madison Middle School 248 North Central Branch Library 249 Covenant Palms Housing Project 250 Mt. Carmel Missionary Baptist 251 Arcola Lakes Community Park 252 Arcola Park 253 Palm Court Apt. 254 Highway Church Apostle Faith 255 Evans Elementary 256 Sharpe Towers 257 St. James Economic Dev. Ctr. 258 NFL Yet Center 259 Dayspring Missionary Baptist 260 MLK Memorial Park 261 Olinda Elementary 262 Pepper Towers 263 Lorah Park Elementary 264 Pharr Elementary 265 Opa-Locka Senior Citizen Bldg 266 Reaves Sr. Park 267 Universal Truth Center 268 Reeves Elementary 269 Mt. Zion AME Church 270 MD County Fire Station # Cultural Arts Center 272 Wyche Elementary 273 Landmark Campus 274 Carol City Elementary 275 North Glade Elementary 276 Florida Memorial University 277 Mt. Zion Apostolic Temple 278 Dayspring Missionary Baptist 279 Covenant Palms Housing Project 280 Opa-Locka Senior Citizen Bldg 281 Reaves Sr. Park 282 Lorah Park Elementary 283 Lake Stevens Middle School 284 Melrose Elementary 285 Melrose Elementary 286 Pepper Towers 287 Pharr Elementary 288 Olinda Elementary 289 Miami Fire Fighter Benevolent Nonwhite overvote rate

81 Miami-Dade County 2008 Precinct Precinct Name 290 Landmark Campus 291 Miami Gardens Elementary 292 Freewill Christian 293 Ro-Mont South Rec. 294 North Dade Community Church 295 North Dade Regional Library 296 Ingram Elementary 301 North Palm Baptist 302 Reach Park 303 Sunrise Presbyterian 304 Country Village Park 305 Miami Lakes Branch Library 306 Miami Lakes Middle School 307 Miami Lakes UM 308 Miami Lakes K Slade Park 310 Hialeah-Miami Lakes Sr. High 311 Salvation Army 312 Cristo Vive Hermanos 313 Kalar Banquet Hall 314 Hialeah Middle School 315 Palm Springs Elementary 316 O'Quinn Park 317 Hialeah Fire Station #5 318 Du Puis Elementary 319 Wilde Community Ctr. 320 Sparks Park 321 Wilde Community Ctr. 322 Sheppard Elementary 323 La Esperanza Sr. Housing Projec 324 Vivian Villas 325 Knights of Columbus 326 Goodlet Park 327 Jose Marti Middle School 328 Milander Park 329 Hialeah Fire Station #2 330 VFW Post # Milander Park 332 Walker Community Ctr. 333 Bright Elementary 334 Salvation Army 335 Cotson Sr. Park 336 Hialeah Fire Station #6 337 Bright Park Rec. Ctr. 338 Hialeah Moose Lodge $1074 Nonwhite overvote rate

82 Miami-Dade County 2008 Precinct Precinct Name 339 Hialeah Fire Station #1 340 Babcock Park 341 West End Park Com. House 342 South East Park 343 Miami Springs Middle School 344 Miami Springs Rec. Ctr. 345 Miami Springs Rec. Ctr. 346 Springview Elementary 347 Virginia Gardens Town Hall 348 Medley Town Hall 349 Hialeah Gardens Comm. Hall 350 Good Elementary 351 Moors Club Center 352 Miami Lakes Com. Ctr. West 353 North Trail Park 354 Palm Springs Middle School 355 Heartland Health Care Ctr. 356 Medley Town Hall 357 Palm Lakes Elementary 358 Heartland Health Care Ctr. 359 Roberto Casas park 360 Graham Elementary 361 Patterson Pavillion 362 Meadowlane Elementary 363 Dent park 364 palm Springs north Fire Station #4 365 Chiles Middle School 366 Doral Isles Island Club 367 imperial lakes Club house 368 Westland Gardens Park 369 North Palm Baptist 370 Sunrise Presbyterian 371 Good Elementary 372 Country Village Park 373 Miami Lakes Branch Library 374 Dent park 375 Patterson Pavillion 376 Bright Elementary 377 Walker Community Ctr. 378 VFW Post # Hialeah Fire Station #2 380 hialeah fire station #1 381 Babcock Park 382 South East Park 383 none Nonwhite overvote rate

83 Miami-Dade County 2008 Precinct Precinct Name 384 imperial lakes Club house 385 Goleman Sr. high school 386 none 387 Tinsman housing Authority 388 West hialeah Gardens Elementar 389 palm Springs north Elementary 390 Graham Education Ctr. 401 Fire Fighter memorial Bldg 402 Curry middle School 403 la Catedral del pueblo 404 Seminole Elementary 405 Dario park 406 Stirrup Sr. Elementary School 407 Pepper Sr. Center 408 Fontainebleu milton Rental Apt. 409 Sweetwater Elementary 410 Canosa youth center 411 Bell middle School 412 Belen jesuit preparatory School 413 Greenglade Elementary 414 hall Elementary 415 university lakes Recreation hall 416 Douglas Elementary 417 Tamiami Regional park 418 Tamiami Regional park 419 West Dade Regional library 420 Coral Estates park 421 Bautista Coral park 422 Everglades Elementary 423 West miami middle School 424 Tamiami Baptist 425 Centro Cristiano 426 open Bible Temple 427 open Bible Temple 428 West miami Recreation Ctr. 429 iglesia Advenista Ebenezer 430 iglesia Advenista Ebenezer 431 leisure Access Center 432 Barnes park 433 Emerson Elementary 434 Banyan Elementary 435 Rockway middle School 436 Rockway park Rec. Bldg. 437 olympia heights Elementary 438 messiah lutheran Nonwhite overvote rate

84 Miami-Dade County 2008 Precinct Precinct Name 439 St. Simons Episcoal 440 Village Green Elementary 441 Saffir mdc permit center 442 Days inn miami intl. airport hotel 443 hadley Elementary 444 matthews Elementary 445 Women's history gallery 446 Fire Fighter memorial Bldg 447 our lady divine providence 448 Women's history gallery 449 Thomas middle school 450 Smith Elementary 451 Braddock School 452 Thomas School 453 North Trail Park 454 Doral middle School 455 Bell middle School 456 Belen jesuit preparatory School 457 hall Elementary 458 Tamiami Regional park 459 Greenglade Elementary 460 Sweetwater Elementary 461 Ferguson Sr. high 462 Reagan Sr. high 501 little River Elementary 502 Deliverance Tabernacle 503 hud 504 legion memorial park 505 St. matthew freewill baptist 506 Edison Courts Com. Ctr. 507 Crowder Elementary 508 liberty Square Comm. Ctr. 509 Flagler Dog Track 510 Flagler Dog Track 511 Grove Baptist 512 St. paul institutional 513 open Door ucc 514 miami Edison middle 515 louverture Elementary 516 morningside park 517 jerusalem french SDA 518 Church of God prophecy Shadowlawn Elementary 520 meek Art Center 521 Edison Towers Nonwhite overvote rate

85 Miami-Dade County 2008 Precinct Precinct Name 522 moore park 523 Ebenezer um church 524 Simpson park recreation 525 Duarte park 526 Curtis park communiy house 527 Duarte park 528 Allapattah Branch library 529 Corpus Christi Catholic 530 Comstock Elementary 531 pepper Com. Ctr. Ii 532 Christ episcopal 533 Culmer neighborhood Svc Ctr. 534 miami fire station Dunbar Elementary 536 Wheatley elementary 537 De hostas Center 538 unity on the Bay 539 miami fire station none 541 miami fire station jack orr Senor Center 543 hud 544 Trinity Cathedral hall 545 polish American Club 546 miami city hall 547 maimi fire station st. michael's church 549 kensington park elementary 550 Miami Fire Fighter Benevolent 551 Flagler Dog Track 552 badia senior cener 553 high community house 554 iglesia bautista renovacion 555 West End Park Com. House 556 residential plaza 557 ig. Cristiano ref buen samaritano 558 kinloch park community ctr. 559 Ebenezer freewill baptist 560 kinloch middle school 561 iglesia bautista resurrecion 562 st. michael's church 563 little havana housing project 564 hud 565 riverside elementary 566 hope center Nonwhite overvote rate

86 Miami-Dade County 2008 Precinct Precinct Name 567 Simpson park recreation 568 Simpson park recreation 569 immanuel lutheran 570 Coral Way Elementary 571 El Cordero presbyterian 572 shenandoah elementary 573 shenandoah park community hou 574 iglesia bautista resurrecion 575 Smathers Senior Center 576 coral gate park com. Ctr. 577 douglas park community house 578 iglesia bautista resurrecion 579 silver bluff elementary 580 little River Elementary 581 museum of science 582 museum of science 583 miami fire station Rolle Service center 585 Virrick park 586 md water sewer authority 587 plymouth congregational church 588 Allapattah Branch library 589 Curtis park communiy house 590 Deliverance Tabernacle 591 malcolm ross senior center 592 legion memorial park 593 citrus grove middle school 594 El Cordero presbyterian 595 unity on the Bay 596 St. paul institutional 597 moore park 598 malcolm ross senior center 599 De hostas Center 601 venetian pool 602 1st UM church of coral gables 603 central christian church of Dade 604 American legion post coral gables youth center 606 south miami american legion coral gables congregational 608 country club of coral gables 610 coral gables youth center 611 coral gables senior high 612 st. augustine catholic 613 ponce de leon middle school Nonwhite overvote rate

87 Miami-Dade County 2008 Precinct Precinct Name 614 coral gables fire station coco plum woman's club 616 gulliver preparatory school 617 fire rescue station old cutler presbyterian 619 coco plum woman's club 620 fairchild elementary 621 1st UM church of south miami 622 palmetto presbyterian 623 university christian 624 coral pine park 625 coral pine park 626 christ the king lutheran 627 kendall um church 628 miami palmetto sr. high 630 palmetto elementary 631 palmetto middle 632 bet shira congregation 633 coral gables women's club 634 Virrick park 635 md water sewer authority 636 coral gables branch library 637 coral gables congregational 638 coral gables sr. high 639 st. augustine catholic 640 bank utd center university miami 641 riviera presbyterian 642 university christian 644 riviera presbyterian 645 old cutler presbyterian 647 kendall um church 648 christ the king lutheran 649 miami palmetto sr. high 650 palmetto middle 651 fairchild elementary 652 palmetto presbyterian 653 university christian 701 ashe elementary 702 lake of the meadows rec. ctr. 703 ramblewood condo 704 bent tree elementary 705 west bird fire station elim missionary assembly 707 german american social club 708 royal palm elementary Nonwhite overvote rate

88 Miami-Dade County 2008 Precinct Precinct Name 709 royal palm elementary 710 westwood park 711 Devon Aire elementary 712 st. timothy catholic 713 tropical estates recreation 714 miller drive park 715 southwest miami sr. high 716 tropical park comm. Ctr. 717 south miami sr. high 718 miami elk's lodge unitarian universalist 720 alpha& omega church 721 kings creek village rec. ctr. 722 snapper creek elementary 723 kendall branch library 724 miami elk's lodge blue lakes elementary 726 snapper creek elementary 727 sunset park elementary 728 kruse educational center 729 sunset gardens apt. 730 snapper creek townhouse 731 cypress elementary 732 mcmillan middle ra ig bautista de coral park 734 kendale lakes elementary 735 promenade condo 736 fascell elementary 737 hoover elementary 738 varela high school 739 hammocks fire station pepper elementary 741 The Crossing Country Club 742 River of life church 743 devon aire park 744 calusa elementary 745 st. catherine of siena church 746 lehman elementary 747 alper jewish com. Ctr. 748 kendale elementary 749 Ehmanm Recreation Ctr. 750 kendall church of god 751 Grace church of kendall 752 continental park 753 concordia lutheran Nonwhite overvote rate

89 Miami-Dade County 2008 Precinct Precinct Name 754 leewood elementary 755 killian pines um church 756 floyd elementary 757 country walk park rec. ctr. 758 miami first church of the nazarene 759 south kendall community church 760 kendall presbyterian 761 kendall presbyterian 762 west kendall regional library 763 miami sunset sr high 764 Doolin middle 765 general conference 7th day adven 766 porter elementary 767 Heartland Health Care Ctr. 768 richmond fire station arvida middle 770 kendall village center 771 killian pines um church 772 mcmillan park 773 bird lakes park 774 hammocks middle 775 westwind lakes park 776 munne center 777 miami elk's lodge miami elk's lodge university christian 780 none 781 calusa elementary 782 good shepherd catholic 783 st. catherine of siena church 784 kendall village center 785 kendale lakes elementary 786 kendale elementary 787 kendall church of god 788 River of life church 789 none 790 south kendall community church 791 miami first church of the nazarene 792 our lady of lourdes church 793 templo el rey jesus 794 south miami sr. high 795 unitarian universalist 796 templo el rey jesus 797 md fire station eureka villas park Nonwhite overvote rate

90 Miami-Dade County 2008 Precinct Precinct Name 801 delancy park 802 cope center south 803 richmond heights middle school 804 coral reef branch library 805 palmetto bay village center 806 coral reef park 807 howard drive elementary 808 st. andrews episcopal 809 christ congregational 810 st. richard parish center 811 marlin moore post kindgom covenant church 813 christ the king catholic 814 glendale baptist 815 children's home society 816 church of the ascension 817 colonial drive park 818 beckford elementary 819 gramercy park nursing center 820 palmetto bay village center 821 perrine-peters um church 822 east ridge retirement village 823 cutler ridge um church 824 pinelands presbyterian church 825 south dade regional library 826 moton elementary 827 southridge sr. high 828 caribbean elementary 829 upper room assembly of god 830 creative years 831 withers enrichment ctr. 832 whigham elementary 833 goulds park 834 morning star baptist 835 iglesia methodista 836 americana village condo 837 southwood middle 838 south miami heights elementary 839 mt. pleasant baptist 840 palmetto golf course 841 morgan vocational tech 842 kingdom covenant church 843 goulds park 844 southwood middle 845 iglesia methodista Nonwhite overvote rate

91 Miami-Dade County 2008 Precinct Precinct Name 846 upper room assembly of god 847 centennial middle 848 creative years 849 mt. pleasant baptist 850 christ congregational 851 southridge sr. high 852 morning star baptist 853 americana village condo 854 St. Timothy Lutheran 901 fruit and spice park 902 silver palm um church 903 hidden grove rental community 904 naranja neighborhood service ctr. 905 iglesia cristiana el buen samaritan 906 iglesia cristiana el buen samaritan 907 villages of homestead audubon 908 naranja park recreational ctr. 909 new beginnings christian fellowsh 910 Hospital alma lutheran 911 st. martin de porres catholic 912 redlands community church 913 south dade park 914 agricultural cooperative ext. 915 city church of homestead 916 homestead family ymca 917 homestead family ymca 918 sacred heart parish ctr. 919 homestead stadium clubhouse 920 williams community center 921 williams community center 922 florida city/homestead srv ctr. 923 florida city town hall 924 redlands community church 925 church of the rock jesus christ 926 west homestead elementary 927 mlk jr. clinic 928 goulds church of christ 929 mlk jr. clinic 930 williams community center 931 st. martin de porres catholic 932 goulds church of christ 933 south dade baptist 934 waterstone grand 935 williams community center 936 west homestead elementary Nonwhite overvote rate

92 Miami-Dade County 2008 Precinct Precinct Name 937 florida city elementary 938 florida city elementary 939 homestead stadium clubhouse 940 campbell drive middle 941 silver palm um church 942 hidden grove rental community 943 redlands community church 944 naranja park recreational ctr. 945 south dade park 946 new beginnings christian fellowsh 947 church of the rock jesus christ 948 none 949 villages of homestead audubon 950 redlands community church 951 florida city town hall 952 fruit and spice park 953 south dade baptist 972 kinlock park middle 973 museum of science 974 kinloch park community ctr. 975 pepper Com. Ctr. Ii 976 Ebenezer um church 977 louverture Elementary 978 morningside elementary 979 liberty Square Comm. Ctr. 980 Comstock Elementary 981 Allapattah Branch library 982 Allapattah Branch library 983 Trinity Cathedral hall 984 miami fire station jack orr Senor Center 986 Curtis park communiy house 987 Curtis park communiy house 988 citrus grove middle school 989 hud 990 hud 991 st. dominic gardens 992 st. dominic gardens 993 ig cristiana ref buen samaritana 994 Ebenezer freewill baptist 995 immanuel lutheran 996 Simpson park recreation 997 polish American Club 998 museum of science 999 morningside park Nonwhite overvote rate

93 Pinellas County 2008 Registration Satistics Precinct Precinct Name Ballots Overvotes Undervotes White Black Hispanic Other Race Total Registrants Black 0001 PCT Pinellas Community Church PCT Westminster Suncoast PCT Lakewood United Methodist Churc PCT Lakewood United Methodist Churc PCT Blessed Trinity Catholic Church PCT Pinellas Community Church PCT Pinellas Community Church PCT Blessed Trinity Catholic Church PCT Lake Maggiore Baptist Church PCT Coquina Key Neighborhood Assoc PCT Lake Maggiore Baptist Church PCT St. Petersburg Little Theatre PCT Christ Gospel Church PCT New Hope Baptist Church PCT Lakeview Presbyterian Church PCT Frank Pierce Recreation Center PCT Bay Vista Center PCT St. Pete Religious Society/Friends PCT Campbell Park Recreation Center PCT St. Pete Religious Society/Friends PCT Coquina Key Neighborhood Assoc PCT St. Bartholomew's Episcopal Churc PCT Campbell Park Recreation Center PCT Mt. Zion AME Church PCT Wildwood Recreation Center PCT Wildwood Recreation Center PCT Graham Park Apartments PCT Graham Park Apartments PCT Coliseum PCT Campbell Park Recreation Center PCT Peterborough Apartments PCT Dwight H. Jones Neighborhood Ce PCT Albright United Methodist Church PCT King of Peace Met. Community Ch PCT King of Peace Met. Community Ch PCT Great Explorations-Childrens Muse PCT Westminster Presbyterian Church PCT Coliseum PCT St. Bede's Episcopal Church PCT th Avenue Baptist Church PCT th Avenue Baptist Church PCT St. Bede's Episcopal Church PCT Woodlawn Presbyterian Church PCT American Baptist Church-Beatitude

94 Pinellas County 2008 Registration Satistics Precinct Precinct Name Ballots Overvotes Undervotes White Black Hispanic Other Race Total Registrants Black 0045 PCT Dwight H. Jones Neighborhood Ce PCT St. Raphael's Catholic Church PCT Shore Acres Recreation Center PCT Lutheran Church of the Cross PCT Northeast Presbyterian Church PCT Northeast Presbyterian Church PCT Wesley United Methodist Church PCT Faith Covenant Church PCT Wesley United Methodist Church PCT First Church of God PCT American Lithuanian Club PCT Vietnamese Evangelical Church PCT First Alliance Church PCT Roberts Recreation Center PCT Roberts Recreation Center PCT Faith Covenant Church PCT Riviera United Methodist Church PCT Town Apartments North PCT Town Apartments North PCT Hope Lutheran Church PCT Park Place Wesleyan Church PCT PCT Hope Lutheran Church PCT North Branch Library PCT Willis S. Johns Recreation Center PCT Americana Cove PCT First Church of Christ, Scientist PCT Americana Cove PCT St. James United Methodist Church PCT Epiphany Ukrainian Catholic Churc PCT Pinewood Co-op, Inc PCT Pinewood Co-op, Inc PCT First Baptist Church/St. Petersburg PCT Sunset Palms Mobile Home Park PCT Mainlands of Tamarac - Unit # PCT The Lakes Homeowners Associatio PCT Mainlands of Tamarac - Unit # PCT St. James United Methodist Church PCT Epiphany Ukrainian Catholic Churc PCT Most Holy Name Catholic Church PCT The Allegro at College Harbor PCT Florida National Guard Armory PCT Bethel Metropolitan Baptist Church PCT Bethel Metropolitan Baptist Church

95 Pinellas County 2008 Registration Satistics Precinct Precinct Name Ballots Overvotes Undervotes White Black Hispanic Other Race Total Registrants Black 0089 PCT Prayer Tower Church of God PCT Gulfport Presbyterian Church PCT Gulfport Public Library PCT Gulfport Recreation Center PCT Trinity Church of the Nazarene PCT Trinity Church of the Nazarene PCT Most Holy Name Catholic Church PCT Pasadena Baptist Church PCT South Pasadena City Hall PCT South Pasadena City Hall PCT Pasadena Community Church PCT St. Luke's United Methodist Church PCT Gulfport Recreation Center PCT The Lions Club of Gulfport Florida PCT Pass-A-Grille Beach Comm. Churc PCT Pasadena Community Church PCT Pasadena Community Church PCT Our Savior Lutheran Church PCT Our Savior Lutheran Church PCT Childs Park Recreation Center PCT Galilee Missionary Baptist Church PCT Fifth Avenue Church of Christ PCT Fifth Avenue Baptist Church PCT St. Luke's United Methodist Church PCT Florida National Guard Armory PCT Pilgrim Congregational Church PCT Pasadena Community Church PCT Azalea Baptist Church PCT Pilgrim Congregational Church PCT St. Bartholomew's Episcopal Churc PCT Palm Lake Christian Church PCT Trinity United Church of Christ PCT Community Bible Baptist Church PCT Most Holy Name Catholic Church PCT St. Vincent's Episcopal Church PCT St. Stefanos Greek Orthodox Chur PCT Palm Lake Christian Church PCT St. Petersburg Community Church PCT St. Petersburg Community Church PCT Clearview United Methodist Church PCT Palm Lake Christian Church PCT Northside Baptist Church PCT St. Stefanos Greek Orthodox Chur PCT Walter P. Fuller Recreation Center

96 Pinellas County 2008 Registration Satistics Precinct Precinct Name Ballots Overvotes Undervotes White Black Hispanic Other Race Total Registrants Black 0133 PCT Fifth Avenue Church of Christ PCT Palm Garden of Largo PCT Portuguese American Suncoast As PCT Portuguese American Suncoast As PCT Election Service Center PCT German American Club PCT Portuguese American Suncoast As PCT Clearview Oaks PCT Kenneth City Community Hall PCT American Lithuanian Club PCT Kenneth City Community Hall PCT Terrace Park of Five Towns PCT Seminole Lake Country Club PCT Terrace Park of Five Towns PCT South Cross Bayou/Water Reclam PCT McKee Lake Alliance Church PCT Crystal Lakes Manor PCT Park Place Wesleyan Church PCT McKee Lake Alliance Church PCT German American Club PCT Starkey Road Baptist Church PCT Starkey Road Baptist Church PCT Bardmoor Community Center PCT Pinellas Park City Auditorium PCT Pinellas Park City Auditorium PCT Skyview Recreation Hall PCT Forbes Recreation Center PCT Plantation Gardens Apartments PCT Minnreg Building PCT Bardmoor Community Center PCT Public Works/Tech Services Bldg PCT Forbes Recreation Center PCT Lealman Family Center PCT Clearwater Cascade PCT New Testament Baptist Church PCT Lighthouse of Pinellas PCT Ranchero Village Co-op, Inc PCT Election Service Center PCT Minnreg Building PCT Faith Presbyterian Church PCT Madeira Beach Municipal Building PCT Bay Pines Condo - Rec Center PCT Seminole United Methodist Church PCT Faith Presbyterian Church

97 Pinellas County 2008 Registration Satistics Precinct Precinct Name Ballots Overvotes Undervotes White Black Hispanic Other Race Total Registrants Black 0177 PCT Bay Ridge Baptist Church PCT Oakhurst United Methodist Church PCT Chapel on the Hill PCT Lake Seminole Presbyterian Churc PCT Oakhurst United Methodist Church PCT Seminole Community Library at SP PCT Seminole Recreation Center PCT Lutheran Church of Good Shepher PCT st Street Church of Christ PCT Tamarac-By-The-Gulf, Inc PCT Tamarac-By-The-Gulf, Inc PCT Christ the King Lutheran Church PCT Heritage Village PCT Suncoast Community Church PCT Lutheran Church of Good Shepher PCT st Street Church of Christ PCT Orange Lake Civic Center PCT St. Dunstan's Episcopal Church PCT St. Dunstan's Episcopal Church PCT Pinellas County Extension PCT The Barrington Retirement Commu PCT Suncoast Community Church PCT Anona United Methodist Church PCT Harvest Temple Church PCT Christ the King Lutheran Church PCT Anona United Methodist Church PCT Greater Ridgecrest Branch YMCA PCT Palm Hill Country Club - S. Rec PCT Immanuel Chapel PCT Twin Palms Mobile Home Court, In PCT Rogate Lutheran Church PCT East Bay Oaks Mobile Home Park PCT The Historic Largo Feed Store PCT Largo Community Center PCT Christ Presbyterian Church PCT Pinecrest Place PCT Anona United Methodist Church PCT Belleair Bluffs City Hall PCT Largo Community Center PCT New Testament Baptist Church PCT St. Paul United Methodist Church PCT Highland Recreation Complex PCT Temple B'nai Israel PCT Hope Presbyterian Church

98 Pinellas County 2008 Registration Satistics Precinct Precinct Name Ballots Overvotes Undervotes White Black Hispanic Other Race Total Registrants Black 0221 PCT Highland Presbyterian Church PCT First Assembly of God Church PCT Fairway Village Mobile Home Park PCT Belleair Town Hall PCT Belleair Town Hall PCT St. Paul United Methodist Church PCT Hope Presbyterian Church PCT St. John's Episcopal Church PCT Island Chapel PCT Warren Webster Community Cente PCT Pass-A-Grille Beach Comm. Churc PCT St. Pete Beach Municipal Building PCT St. Pete Beach Municipal Building PCT Treasure Island Community Cente PCT Treasure Island Community Cente PCT Treasure Island Community Cente PCT Treasure Island Community Cente PCT Madeira Beach Municipal Building PCT Redington Beach Town Hall PCT N Redington Beach Public Works B PCT Redington Shores Town Hall PCT Indian Shores Town Hall PCT Indian Rocks Beach City Hall PCT Beach Art Center PCT Beach Art Center PCT Ross Norton Recreation Center PCT Ross Norton Recreation Center PCT Lakeview Baptist Church PCT First Church of the Nazarene PCT First Church of the Nazarene PCT Morningside Recreation Complex PCT Morningside Recreation Complex PCT The Salvation Army, The Joy Cent PCT Central Christian Church of Clwr PCT Seventh Day Adventist Church PCT St. Cecelia Catholic Church PCT St. Cecelia Catholic Church PCT The Pinellas Public Library Coop PCT St. John's Episcopal Church PCT Trinity Presbyterian Church PCT First Christian Church of Clwr PCT Polish Center PCT Fred Cournoyer Recreation Ctr PCT Clearwater Community Sailing Cen

99 Pinellas County 2008 Registration Satistics Precinct Precinct Name Ballots Overvotes Undervotes White Black Hispanic Other Race Total Registrants Black 0265 PCT Clearwater Beach Rec. Center PCT St. Brendan Catholic Church PCT Martin Luther King Jr. Comm. Cent PCT Clearwater Shuffleboard Club PCT Kings Highway Recreation Center PCT Central Church of the Nazarene PCT Salvation Army PCT Salvation Army PCT St. Michael Catholic Church PCT On Top of the World East PCT On Top of the World East PCT Golda Meir/Kent Jewish Center, In PCT On Top of the World West PCT Global Family Fellowship PCT Dunedin Assembly of God Church PCT First Presbyterian Church PCT First Presbyterian Church PCT Polish Center PCT PCT Clearwater Community Church PCT Knights of Columbus # PCT Mease Manor PCT Clearwater Community Church PCT Faith Lutheran Church PCT Knights of Columbus # PCT St. Mark Lutheran Church PCT Royal Stewart Arms PCT Dunedin Community Center PCT Alliance Church of Dunedin PCT Doral Village PCT St. Michael Catholic Church PCT PCT Harbor Hall PCT St. Mark Lutheran Church PCT Harbor Hall PCT Crystal Beach Civic Center PCT Lutheran Church of the Palms PCT Palm Harbor United Methodist Chu PCT Palm Harbor Community Activity C PCT Pleasant Valley Baptist Church PCT Baywood Village PCT New Beginnings Comm. Church PCT Curlew United Methodist Church PCT Palm Harbor Community Activity C

100 Pinellas County 2008 Registration Satistics Precinct Precinct Name Ballots Overvotes Undervotes White Black Hispanic Other Race Total Registrants Black 0309 PCT Countryside Recreation Center PCT Vineyard Church of Clearwater PCT Feather Sound Community Church PCT Bible Fellowship Church PCT Cove Cay - Village Four Rec. Hall PCT Bay Aristocrat PCT Bethel Presbyterian Church PCT Calvary Baptist Church PCT Calvary Baptist Church PCT Wood Valley Boys & Girls Club PCT Sylvan Abbey United Methodist Ch PCT Heritage United Methodist Church PCT Northwood Presbyterian Church PCT Countryside Recreation Center PCT Palm Harbor Fire Station # PCT Coral Oaks PCT Highland Lakes Club PCT St. Luke Catholic Church PCT Bethel Lutheran Church PCT Holiday Inn PCT Safety Harbor Community Center PCT Cypress Meadows Community Chu PCT Countryside Baptist Church PCT Bayside Community Church of God PCT Rigsby Recreation Center PCT Espiritu Santo Catholic Church PCT Gull Aire Village Clubhouse PCT Community United Methodist Chur PCT All Saints Catholic Church PCT Oldsmar Fire Station PCT Oldsmar Library PCT Gull Aire Village Clubhouse PCT East Lake Woodlands Country Clu PCT Lutheran Church of the Resurrectio PCT Clearwater Countryside Library PCT Safety Harbor Fire Station # PCT Fire Station # PCT Bethel Lutheran Church PCT Highland Lakes Club PCT Lutheran Church of the Resurrectio PCT Lakeside Community Church PCT Stratford Ct. Sunrise Senior Living PCT East Lake Woodlands Country Clu PCT Bethel Lutheran Church

101 Pinellas County 2008 Registration Satistics Precinct Precinct Name Ballots Overvotes Undervotes White Black Hispanic Other Race Total Registrants Black 0353 PCT East Lake United Methodist Church PCT Heritage United Methodist Church PCT Wellington Apartments PCT PCT Life Path Christian Center PCT Life Path Christian Center PCT Bay Aristocrat PCT Rogate Lutheran Church PCT Northwood Presbyterian Church PCT PCT St. Luke Catholic Church PCT Safety Harbor Fire Station # PCT The Lakes Homeowners Associatio PCT Church on the Bayou, Presbyterian PCT Tarpon Springs Manor Apartments PCT Generations Christian Church PCT St. Nicholas Cathedral PCT First Baptist Church PCT Tarpon Springs Heritage Museum PCT Church on the Bayou, Presbyterian PCT Generations Christian Church PCT Lakeside Community Church PCT St. Timothy Lutheran Church PCT St. Timothy Lutheran Church

102 Pinellas County 2008 Precinct Precinct Name 0001 PCT Pinellas Community Church 0002 PCT Westminster Suncoast 0003 PCT Lakewood United Methodist Churc 0004 PCT Lakewood United Methodist Churc 0005 PCT Blessed Trinity Catholic Church 0006 PCT Pinellas Community Church 0007 PCT Pinellas Community Church 0008 PCT Blessed Trinity Catholic Church 0009 PCT Lake Maggiore Baptist Church 0010 PCT Coquina Key Neighborhood Assoc 0011 PCT Lake Maggiore Baptist Church 0012 PCT St. Petersburg Little Theatre 0013 PCT Christ Gospel Church 0014 PCT New Hope Baptist Church 0015 PCT Lakeview Presbyterian Church 0016 PCT Frank Pierce Recreation Center 0017 PCT Bay Vista Center 0018 PCT St. Pete Religious Society/Friends 0019 PCT Campbell Park Recreation Center 0020 PCT St. Pete Religious Society/Friends 0021 PCT Coquina Key Neighborhood Assoc 0022 PCT St. Bartholomew's Episcopal Churc 0023 PCT Campbell Park Recreation Center 0024 PCT Mt. Zion AME Church 0025 PCT Wildwood Recreation Center 0026 PCT Wildwood Recreation Center 0027 PCT Graham Park Apartments 0028 PCT Graham Park Apartments 0029 PCT Coliseum 0030 PCT Campbell Park Recreation Center 0031 PCT Peterborough Apartments 0032 PCT Dwight H. Jones Neighborhood Ce 0033 PCT Albright United Methodist Church 0034 PCT King of Peace Met. Community Ch 0035 PCT King of Peace Met. Community Ch 0036 PCT Great Explorations-Childrens Muse 0037 PCT Westminster Presbyterian Church 0038 PCT Coliseum 0039 PCT St. Bede's Episcopal Church 0040 PCT th Avenue Baptist Church 0041 PCT th Avenue Baptist Church 0042 PCT St. Bede's Episcopal Church 0043 PCT Woodlawn Presbyterian Church 0044 PCT American Baptist Church-Beatitude Hispanic Democrat Overvote Rate

103 Pinellas County 2008 Precinct Precinct Name 0045 PCT Dwight H. Jones Neighborhood Ce 0046 PCT St. Raphael's Catholic Church 0047 PCT Shore Acres Recreation Center 0048 PCT Lutheran Church of the Cross 0049 PCT Northeast Presbyterian Church 0050 PCT Northeast Presbyterian Church 0051 PCT Wesley United Methodist Church 0052 PCT Faith Covenant Church 0053 PCT Wesley United Methodist Church 0054 PCT First Church of God 0055 PCT American Lithuanian Club 0056 PCT Vietnamese Evangelical Church 0057 PCT First Alliance Church 0058 PCT Roberts Recreation Center 0059 PCT Roberts Recreation Center 0060 PCT Faith Covenant Church 0061 PCT Riviera United Methodist Church 0062 PCT Town Apartments North 0063 PCT Town Apartments North 0064 PCT Hope Lutheran Church 0065 PCT Park Place Wesleyan Church 0066 PCT PCT Hope Lutheran Church 0068 PCT North Branch Library 0069 PCT Willis S. Johns Recreation Center 0070 PCT Americana Cove 0071 PCT First Church of Christ, Scientist 0072 PCT Americana Cove 0073 PCT St. James United Methodist Church 0074 PCT Epiphany Ukrainian Catholic Churc 0075 PCT Pinewood Co-op, Inc PCT Pinewood Co-op, Inc PCT First Baptist Church/St. Petersburg 0078 PCT Sunset Palms Mobile Home Park 0079 PCT Mainlands of Tamarac - Unit # PCT The Lakes Homeowners Associatio 0081 PCT Mainlands of Tamarac - Unit # PCT St. James United Methodist Church 0083 PCT Epiphany Ukrainian Catholic Churc 0084 PCT Most Holy Name Catholic Church 0085 PCT The Allegro at College Harbor 0086 PCT Florida National Guard Armory 0087 PCT Bethel Metropolitan Baptist Church 0088 PCT Bethel Metropolitan Baptist Church Hispanic Democrat Overvote Rate

104 Pinellas County 2008 Precinct Precinct Name 0089 PCT Prayer Tower Church of God 0090 PCT Gulfport Presbyterian Church 0091 PCT Gulfport Public Library 0092 PCT Gulfport Recreation Center 0093 PCT Trinity Church of the Nazarene 0094 PCT Trinity Church of the Nazarene 0095 PCT Most Holy Name Catholic Church 0096 PCT Pasadena Baptist Church 0097 PCT South Pasadena City Hall 0098 PCT South Pasadena City Hall 0099 PCT Pasadena Community Church 0100 PCT St. Luke's United Methodist Church 0101 PCT Gulfport Recreation Center 0102 PCT The Lions Club of Gulfport Florida 0103 PCT Pass-A-Grille Beach Comm. Churc 0104 PCT Pasadena Community Church 0105 PCT Pasadena Community Church 0106 PCT Our Savior Lutheran Church 0107 PCT Our Savior Lutheran Church 0108 PCT Childs Park Recreation Center 0109 PCT Galilee Missionary Baptist Church 0110 PCT Fifth Avenue Church of Christ 0111 PCT Fifth Avenue Baptist Church 0112 PCT St. Luke's United Methodist Church 0113 PCT Florida National Guard Armory 0114 PCT Pilgrim Congregational Church 0115 PCT Pasadena Community Church 0116 PCT Azalea Baptist Church 0117 PCT Pilgrim Congregational Church 0118 PCT St. Bartholomew's Episcopal Churc 0119 PCT Palm Lake Christian Church 0120 PCT Trinity United Church of Christ 0121 PCT Community Bible Baptist Church 0122 PCT Most Holy Name Catholic Church 0123 PCT St. Vincent's Episcopal Church 0124 PCT St. Stefanos Greek Orthodox Chur 0125 PCT Palm Lake Christian Church 0126 PCT St. Petersburg Community Church 0127 PCT St. Petersburg Community Church 0128 PCT Clearview United Methodist Church 0129 PCT Palm Lake Christian Church 0130 PCT Northside Baptist Church 0131 PCT St. Stefanos Greek Orthodox Chur 0132 PCT Walter P. Fuller Recreation Center Hispanic Democrat Overvote Rate

105 Pinellas County 2008 Precinct Precinct Name 0133 PCT Fifth Avenue Church of Christ 0134 PCT Palm Garden of Largo 0135 PCT Portuguese American Suncoast As 0136 PCT Portuguese American Suncoast As 0137 PCT Election Service Center 0138 PCT German American Club 0139 PCT Portuguese American Suncoast As 0140 PCT Clearview Oaks 0141 PCT Kenneth City Community Hall 0142 PCT American Lithuanian Club 0143 PCT Kenneth City Community Hall 0144 PCT Terrace Park of Five Towns 0145 PCT Seminole Lake Country Club 0146 PCT Terrace Park of Five Towns 0147 PCT South Cross Bayou/Water Reclam 0148 PCT McKee Lake Alliance Church 0149 PCT Crystal Lakes Manor 0150 PCT Park Place Wesleyan Church 0151 PCT McKee Lake Alliance Church 0152 PCT German American Club 0153 PCT Starkey Road Baptist Church 0154 PCT Starkey Road Baptist Church 0155 PCT Bardmoor Community Center 0156 PCT Pinellas Park City Auditorium 0157 PCT Pinellas Park City Auditorium 0158 PCT Skyview Recreation Hall 0159 PCT Forbes Recreation Center 0160 PCT Plantation Gardens Apartments 0161 PCT Minnreg Building 0162 PCT Bardmoor Community Center 0163 PCT Public Works/Tech Services Bldg PCT Forbes Recreation Center 0165 PCT Lealman Family Center 0166 PCT Clearwater Cascade 0167 PCT New Testament Baptist Church 0168 PCT Lighthouse of Pinellas 0169 PCT Ranchero Village Co-op, Inc PCT Election Service Center 0171 PCT Minnreg Building 0172 PCT Faith Presbyterian Church 0173 PCT Madeira Beach Municipal Building 0174 PCT Bay Pines Condo - Rec Center 0175 PCT Seminole United Methodist Church 0176 PCT Faith Presbyterian Church Hispanic Democrat Overvote Rate

106 Pinellas County 2008 Precinct Precinct Name 0177 PCT Bay Ridge Baptist Church 0178 PCT Oakhurst United Methodist Church 0179 PCT Chapel on the Hill 0180 PCT Lake Seminole Presbyterian Churc 0181 PCT Oakhurst United Methodist Church 0182 PCT Seminole Community Library at SP 0183 PCT Seminole Recreation Center 0184 PCT Lutheran Church of Good Shepher 0185 PCT st Street Church of Christ 0186 PCT Tamarac-By-The-Gulf, Inc 0187 PCT Tamarac-By-The-Gulf, Inc PCT Christ the King Lutheran Church 0189 PCT Heritage Village 0190 PCT Suncoast Community Church 0191 PCT Lutheran Church of Good Shepher 0192 PCT st Street Church of Christ 0193 PCT Orange Lake Civic Center 0194 PCT St. Dunstan's Episcopal Church 0195 PCT St. Dunstan's Episcopal Church 0196 PCT Pinellas County Extension 0197 PCT The Barrington Retirement Commu 0198 PCT Suncoast Community Church 0199 PCT Anona United Methodist Church 0200 PCT Harvest Temple Church 0201 PCT Christ the King Lutheran Church 0202 PCT Anona United Methodist Church 0203 PCT Greater Ridgecrest Branch YMCA 0204 PCT Palm Hill Country Club - S. Rec PCT Immanuel Chapel 0206 PCT Twin Palms Mobile Home Court, In 0207 PCT Rogate Lutheran Church 0208 PCT East Bay Oaks Mobile Home Park 0209 PCT The Historic Largo Feed Store 0210 PCT Largo Community Center 0211 PCT Christ Presbyterian Church 0212 PCT Pinecrest Place 0213 PCT Anona United Methodist Church 0214 PCT Belleair Bluffs City Hall 0215 PCT Largo Community Center 0216 PCT New Testament Baptist Church 0217 PCT St. Paul United Methodist Church 0218 PCT Highland Recreation Complex 0219 PCT Temple B'nai Israel 0220 PCT Hope Presbyterian Church Hispanic Democrat Overvote Rate

107 Pinellas County 2008 Precinct Precinct Name 0221 PCT Highland Presbyterian Church 0222 PCT First Assembly of God Church 0223 PCT Fairway Village Mobile Home Park 0224 PCT Belleair Town Hall 0225 PCT Belleair Town Hall 0226 PCT St. Paul United Methodist Church 0227 PCT Hope Presbyterian Church 0228 PCT St. John's Episcopal Church 0229 PCT Island Chapel 0230 PCT Warren Webster Community Cente 0231 PCT Pass-A-Grille Beach Comm. Churc 0232 PCT St. Pete Beach Municipal Building 0233 PCT St. Pete Beach Municipal Building 0234 PCT Treasure Island Community Cente 0235 PCT Treasure Island Community Cente 0236 PCT Treasure Island Community Cente 0237 PCT Treasure Island Community Cente 0238 PCT Madeira Beach Municipal Building 0239 PCT Redington Beach Town Hall 0240 PCT N Redington Beach Public Works B 0241 PCT Redington Shores Town Hall 0242 PCT Indian Shores Town Hall 0243 PCT Indian Rocks Beach City Hall 0244 PCT Beach Art Center 0245 PCT Beach Art Center 0246 PCT Ross Norton Recreation Center 0247 PCT Ross Norton Recreation Center 0248 PCT Lakeview Baptist Church 0249 PCT First Church of the Nazarene 0250 PCT First Church of the Nazarene 0251 PCT Morningside Recreation Complex 0252 PCT Morningside Recreation Complex 0253 PCT The Salvation Army, The Joy Cent 0254 PCT Central Christian Church of Clwr PCT Seventh Day Adventist Church 0256 PCT St. Cecelia Catholic Church 0257 PCT St. Cecelia Catholic Church 0258 PCT The Pinellas Public Library Coop 0259 PCT St. John's Episcopal Church 0260 PCT Trinity Presbyterian Church 0261 PCT First Christian Church of Clwr PCT Polish Center 0263 PCT Fred Cournoyer Recreation Ctr 0264 PCT Clearwater Community Sailing Cen Hispanic Democrat Overvote Rate

108 Pinellas County 2008 Precinct Precinct Name 0265 PCT Clearwater Beach Rec. Center 0266 PCT St. Brendan Catholic Church 0267 PCT Martin Luther King Jr. Comm. Cent 0268 PCT Clearwater Shuffleboard Club 0269 PCT Kings Highway Recreation Center 0270 PCT Central Church of the Nazarene 0271 PCT Salvation Army 0272 PCT Salvation Army 0273 PCT St. Michael Catholic Church 0274 PCT On Top of the World East 0275 PCT On Top of the World East 0276 PCT Golda Meir/Kent Jewish Center, In 0277 PCT On Top of the World West 0278 PCT Global Family Fellowship 0279 PCT Dunedin Assembly of God Church 0280 PCT First Presbyterian Church 0281 PCT First Presbyterian Church 0282 PCT Polish Center 0283 PCT PCT Clearwater Community Church 0285 PCT Knights of Columbus # PCT Mease Manor 0287 PCT Clearwater Community Church 0288 PCT Faith Lutheran Church 0289 PCT Knights of Columbus # PCT St. Mark Lutheran Church 0291 PCT Royal Stewart Arms 0292 PCT Dunedin Community Center 0293 PCT Alliance Church of Dunedin 0294 PCT Doral Village 0295 PCT St. Michael Catholic Church 0296 PCT PCT Harbor Hall 0298 PCT St. Mark Lutheran Church 0299 PCT Harbor Hall 0300 PCT Crystal Beach Civic Center 0301 PCT Lutheran Church of the Palms 0302 PCT Palm Harbor United Methodist Chu 0303 PCT Palm Harbor Community Activity C 0304 PCT Pleasant Valley Baptist Church 0305 PCT Baywood Village 0306 PCT New Beginnings Comm. Church 0307 PCT Curlew United Methodist Church 0308 PCT Palm Harbor Community Activity C Hispanic Democrat Overvote Rate

109 Pinellas County 2008 Precinct Precinct Name 0309 PCT Countryside Recreation Center 0310 PCT Vineyard Church of Clearwater 0311 PCT Feather Sound Community Church 0312 PCT Bible Fellowship Church 0313 PCT Cove Cay - Village Four Rec. Hall 0314 PCT Bay Aristocrat 0315 PCT Bethel Presbyterian Church 0316 PCT Calvary Baptist Church 0317 PCT Calvary Baptist Church 0318 PCT Wood Valley Boys & Girls Club 0319 PCT Sylvan Abbey United Methodist Ch 0320 PCT Heritage United Methodist Church 0321 PCT Northwood Presbyterian Church 0322 PCT Countryside Recreation Center 0323 PCT Palm Harbor Fire Station # PCT Coral Oaks 0325 PCT Highland Lakes Club 0326 PCT St. Luke Catholic Church 0327 PCT Bethel Lutheran Church 0328 PCT Holiday Inn 0329 PCT Safety Harbor Community Center 0330 PCT Cypress Meadows Community Chu 0331 PCT Countryside Baptist Church 0332 PCT Bayside Community Church of God 0333 PCT Rigsby Recreation Center 0334 PCT Espiritu Santo Catholic Church 0335 PCT Gull Aire Village Clubhouse 0336 PCT Community United Methodist Chur 0337 PCT All Saints Catholic Church 0338 PCT Oldsmar Fire Station 0339 PCT Oldsmar Library 0340 PCT Gull Aire Village Clubhouse 0341 PCT East Lake Woodlands Country Clu 0342 PCT Lutheran Church of the Resurrectio 0343 PCT Clearwater Countryside Library 0344 PCT Safety Harbor Fire Station # PCT Fire Station # PCT Bethel Lutheran Church 0347 PCT Highland Lakes Club 0348 PCT Lutheran Church of the Resurrectio 0349 PCT Lakeside Community Church 0350 PCT Stratford Ct. Sunrise Senior Living 0351 PCT East Lake Woodlands Country Clu 0352 PCT Bethel Lutheran Church Hispanic Democrat Overvote Rate

110 Pinellas County 2008 Precinct Precinct Name 0353 PCT East Lake United Methodist Church 0354 PCT Heritage United Methodist Church 0355 PCT Wellington Apartments 0356 PCT PCT Life Path Christian Center 0358 PCT Life Path Christian Center 0359 PCT Bay Aristocrat 0360 PCT Rogate Lutheran Church 0361 PCT Northwood Presbyterian Church 0362 PCT PCT St. Luke Catholic Church 0364 PCT Safety Harbor Fire Station # PCT The Lakes Homeowners Associatio 0366 PCT Church on the Bayou, Presbyterian 0367 PCT Tarpon Springs Manor Apartments 0368 PCT Generations Christian Church 0369 PCT St. Nicholas Cathedral 0370 PCT First Baptist Church 0371 PCT Tarpon Springs Heritage Museum 0372 PCT Church on the Bayou, Presbyterian 0373 PCT Generations Christian Church 0374 PCT Lakeside Community Church 0375 PCT St. Timothy Lutheran Church 0376 PCT St. Timothy Lutheran Church Hispanic Democrat Overvote Rate

111 Orange County 2008 Registration Statistics Precinct overvotes undervotes Election Election Day Votes Day Ballots Asian - Pacific Islander Black Hispanic American Indian White No race specified Total Black Hispanic

112 Orange County 2008 Registration Statistics Precinct overvotes undervotes Election Election Day Votes Day Ballots Asian - Pacific Islander Black Hispanic American Indian White No race specified Total Black Hispanic

113 Orange County 2008 Registration Statistics Precinct overvotes undervotes Election Election Day Votes Day Ballots Asian - Pacific Islander Black Hispanic American Indian White No race specified Total Black Hispanic

114 Orange County 2008 Registration Statistics Precinct overvotes undervotes Election Election Day Votes Day Ballots Asian - Pacific Islander Black Hispanic American Indian White No race specified Total Black Hispanic

115 Orange County 2008 Registration Statistics Precinct overvotes undervotes Election Election Day Votes Day Ballots Asian - Pacific Islander Black Hispanic American Indian White No race specified Total Black Hispanic

116 Orange County 2008 Registration Statistics Precinct overvotes undervotes Election Election Day Votes Day Ballots Asian - Pacific Islander Black Hispanic American Indian White No race specified Total Black Hispanic

117 Orange County 2008 Precinct Overvote Rate

118 Orange County 2008 Precinct Overvote Rate

119 Orange County 2008 Precinct Overvote Rate

120 Orange County 2008 Precinct Overvote Rate

121 Orange County 2008 Precinct Overvote Rate

122 Orange County 2008 Precinct Overvote Rate

123 APPENDIX E Comparison of Overvote Rates for Presidential Contest for In-Precinct Voting for Different Machines in Florida in November 2008

124 Comparison of Overvote Rates for Presidential Contest for In-Precinct Voting for Different Machines in Florida in November 2008 Overvote Rates for Voting 0.60% 0.54% 0.50% 0.40% 0.31% 0.30% 0.23% 0.20% 0.10% 0.04% 0.03% 0.00% ES&S DS200 Sequoia Insight Plus ES&S M-100 Premier OS & OSx* ES&S Optech* In counties that used the ES&S DS200 and same challenged overvote procedure as New York, in-precinct overvote rates for the presidential contest were 0.54%. For some perspective, in the November 2008 presidential contest in New York State this difference would have represented a difference of over 12,000 votes in New York City and nearly 40,000 votes in New York State. In counties that used the Sequoia Insight Plus and ES&S M-100, which had different messages (stating a contest has too many votes ) but retained the ballot, overvote rates were 0.31% and 0.23% respectively (not significantly different from rates for absentee ballots) By contrast, the Premier OS & OSx and the ES&S Optech, machines that were programmed to automatically reject overvoted ballots had almost no overvotes: 0.04% (for counties using the Premier OS and OSx) and 0.03% (for counties using the ES&S Optech).

125 APPENDIX F New York City Overvote Data for Absentee Ballots Cast in the 2008 General Election (Kings, New York, and Bronx Counties)

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129 APPENDIX G Screenshot of Revised Overvote Message to Be Used on DS200 Machines in Florida

130