Supervisor, Fifth District San Diego County Board of Supervisors

Transcription

1 Supervisor, Fifth District San Diego County Board of Supervisors September 27,2004 The Honorable Paul Caruso Chairman, Stanislaus County Board of Supervisors th Street, Ste Modesto. CA 951'54 Dear Chairman Caruso, The Chair of the Board of Supervisors of the County of San Diego has sent a letter to California Secretary of State, Kevin Shelley, informing him that on Tuesday, September 21,2004, the Board voted to support the following efforts to prevent voter fraud: a. A requirement for stronger voter identification procedures while registering or voting, including presentation of proof of citizenship and photo identification; b. Strengthened penalties for persons convicted of voter fraud; and c. The zero tolerance policy for voter fraud of the Secretary of State. In keeping with these policies, the Board of Supervisors applauded Mr. Shelley's commitment to a goal of 100% voter participation by eligible citizens and his zero tolerance policy on voter fraud. Recent attempts by the California legislature (SB 1282 and SB 1371) to strengthen voting identification have failed to make it out of their first policy committee. The Board of Supcrviuors notes that in man\/ areas of our lives, vfp me forced to show ider.tificatic\n, P,V:I~ 2 photo 1D. The Board believe; that requiring valid identification and proof of' citizensh~p when registering to vote is a simple, effective and sensible way to prevent voter fraud by illegal aliens, parolees, minors and non-citizens. The Board of Supervisors of the County of San Diego also voted to support H.R. 4530, the " Federal Election Integrity Act of 2004." H.R would amend the National Voter Registration Act of 1993 to require any individual who desires to register or re-register to vote in an election for Federal office to provide proof that the individual is a citizen of the United States to prevent fraud in Federal elections. Election irregularities are real. Recent documented cases include people who admitted voting even though they were not citizens and people who admitted voting twice. While we send military troops abroad to advance the cause of democracy, it is outrageous that we cannot protect democracy at home at the polls PACIFIC HIGHWAY, ROOM 335, SAN DIEGO, CALIFORNIA (619) FAX (619)

2 I have enclosed a copy of the letter to Mr. Shelley and our board letter. I encourage you to present this to your fellow Supervisors for their consideration and would welcome your support if you need more information. / Supervisor, Fifth District BWjc Encl: Letter to Secretary of State Kevin Shelley Board Agenda Letter-Protecting Democracy at the Polls

3 Serving the cities of El Cajon Lo Mesa Lemon Grove Poway Smtee Serwng t17e Communrhes of Agua Cahente Allred Gardens Alprne Barren Blossom Valley Boston~a Boulevard Campo Canebrake Casa de Oro Crest Cuyamaca Dehesa Del Cerro Descanso Dukura Eucalyptus Hzlls Fernbrook Flznn Spnngs Granrte Wllr Grantvi4le Guatay - Harbrson Canyon ~acumba Jarnul Julran Lake Morena Lakeszde Mount Helu Mount Laguna Prne Hrllr Prne Valley Potrero Ramono Rancho Son Drego Rolando Sun Carlos Sun Pasqual Santa Ysabel Shelter Valley Sprzng Valley Tecate lierra del Sol Vallecztos The Honorable Kevin Shelley California Secretary of State th Street Sacramento, California DIANNE JACOB CHAIRWOMAN, SECOND DISTRICT SAN DIEGO COUNTY BOARD OF SUPERVISORS September 23,2004 On Tuesday, September 21,2004, the Board of Supervisors of the County of San Diego voted to support the following efforts and methods to prevent voter fraud: a. A requirement for stronger voter identification procedures whle regstering or voting, including presentation of proof of citizenship and photo identification; b. Strengthened penalties for persons convicted of voter fraud; and c. The zero tolerance policy for voter fraud of the Secretary of State. In keeping with these policies, the Board of Supervisors applauds your commitment to a goal of 100% voter participation by eligible citizens and your zero tolerance policy on voter fraud. You have increased the statewide voter fraud investigations unit, developed a Joint Voter Fraud Task Force with the attorney general's office and published the first ever Voter Fraud Prevention Handbook to help citizen's understand and report election irregularities to the fraud investigations unit of the Secretary of State. Recent attempts by the California legislature (SB 1282 and SB ) to strengthen voting identification have failed to make it out of their first policy committee. The Board of Supervisors notes that in many areas of our lives, we are forced to show identification, even a photo ID. The Board believes that requiring valid identlfication and proof of citizenshp when registering to vote is a simple, effective and sensible way to prevent voter fraud by illegal aliens, parolees, minors and non-citizens. Please contact me or the County's Sacramento Representative, Jim Gross (916) , if you need more information. Serving the Indian reservations of Barono Campo, Cosrnit Crgapaipe Inajo Jamul La Posta Manzanita Mesa Grande 'Santa Ysabei Sycuan Eq'as cc: Members, San Diego Delegation Jim Gross, Sacramento Representative 1600 PAC~FIC HIGHWAY, ROOM 335. SAN DIEGO, CALIFORNIA (619) Fnx. (619) TOLL FREE E MAIN STREET, SUITE 169 EL CAJON, CALIFORNIA www dlannejacob corn. dlanne jacob@sdcounty ca gov

4 DATE: September 21,2004 BILL HORN SUPERVISOR, FIFTH DISTRICT SAN DIEGO COUNTY BOARD OF SUPERVISORS AGENDA ITEM TO: SUBJECT: Board of Supervisors Protecting Democracy at the Polls SUMMARY: Overview The right of citizens to vote and have their vote count is the foundation of our democracy. Honest elections uphold freedom. If our election process is riddled with opportunities for fraud, people lose confidence in electoral outcomes and democracy suffers. It's no surprise that so few eligible voters even bother to vote in our elections. Two ways to correct election irregularities is to require voters to show proof of citizenship when registering to vote and a form of valid identification, including photo I.D. when voting or delivering absentee ballots to polling places. California requires neither. The U.S. Department of Justice has ruled that states may enact laws with stricter standards for requiring identification than the Help America Vote Act (HAVA) of Thirteen states have done just that, including requiring all voters to show identification prior to voting and/or allowing election officials to request voter identification at the polling place. Recommendations SUPERVISOR HORN: 1. Direct the Chief Administrative Officer to draft a letter for the Chair's signature to the California Secretary of State that expresses: a. The County's support for requiring stronger voter identification procedures while registering, including proof of citizenship and at the polls including photo I.D. and tougher penalties for voter fraud. b. The County's support for the Secretary of State's zero tolerance policy for voter fraud. 2. Direct the Chief Administration Officer to draft a letter for the Chair's signature to the San Diego-area congressional delegation that expresses the County's support for "The Federal Election Integrity Act of 2004," or H.R. 4530, Version 1.4 COUNTY ADMINISTRATION CENTER 1600 PACIFIC HIGHWAY, ROOM 335 SAN DIEGO, CALIFORNIA (619) Fax: (619) bill.horn@sdcounty.ca.gov VISTA COURTHOUSE 325 S. MELROSE DRIVE, SURE 5200 VISTA, CALIFORNIA (760)

5 4 t SUBJECT: Protecting Democracy at the Polls sponsored by Rep. Henry Hyde (R-IL) and 21 co-sponsors, including Rep. Tom Tancredo (R-CO). The bill would amend the National Voter Registration Act of 1993 ("Motor Voter Law"). It currently is under consideration by the House Administration Committee. Fiscal Impact There is no fiscal impact associated with this request. BACKGROUND: At polling places, current California law only requires voters to recite their names and addresses before they are given a ballot. This opens the possibility of someone voting twice, once by absentee ballot and the other in person. While the Registrar of Voters is likely to detect this and forward the findings to the District Attorney, it's difficult to mitigate the immediate consequences of that fraud. In California, identification is generally required only at the time of registration. If a person registers by mail they must include their driver's license or Social Security number on their voter registration form. If they do not submit this information, they are required to provide identification before they cast a ballot at the polls. This voter has letters "ID" printed next to hislher signature line in the Roster of Voters. The voter is required to show a current photo identification such as a California State Driver's license, California ID card, Military ID, unexpired bank card with photo, etc. If they are unable to provide identification, they are required to vote and sign a provisional ballot whereby the Registrar of Voters verifies the voter's eligibility by comparing the provisional ballot signature to the voter's registration signature. California's Secretary of State (SOS) is committed to a goal of 100% voter participation by eligible citizens and a zero tolerance policy for voter fraud. The SOS has increased the statewide voter fraud investigations unit, developed a Joint Voter Fraud Task Force with the attorney general's office and published the first ever Voter Fraud Prevention Handbook to help citizen's understand and report election irregularities to the SOS's fraud investigations unit. Election irregularities are real. County Registrars have testified that individuals show up and obtain ballots under several different names. In many cases, when legitimate voters come to the polling place they find that someone else has forged their signature in the logbook and cast ballots in their place. The legitimate voter is normally given a provisional ballot, but it's impossible to retrieve and destroy the ballot cast by the imposter. The Registrar of Voters sends new residents who apply for absentee ballots and would have been required to show identification if they had appeared at a poll location a notice that they must provide proof of identification with their returned absentee ballots. A voter is allowed to return a completed absentee ballot by mail, by hand delivery to a county elections official, or to any member of a precinct board at any polling place within the jurisdiction. The system, however, is hardly foolproof as absentee ballots can be cast with minimal voter documentation. All voters who submit absentee ballots sign their ballot return envelopes so that

6 A SUBJECT: Protecting Democracy at the Polls the signature on the envelope can be compared to the signature on their voter registration form for verification purposes. However, if the voter is unable to return the ballot due to illness or other physical disability, the voter may designate a person residing in the same household to return the ballot to the elections official on the voter's behalf. Determining compliance with this requirement is difficult. The law only requires authorization fields on the envelope that is signed by a person legally authorized to return a ballot. The envelope specifies the authorized person's relationship to the voter. Problems can arise since no records are kept showing who returned the ballot or that the individual returning the ballot was qualified to do so. The ballot envelope's record of the written oath of someone returning the absentee ballot serves as the only way to show the voter's wishes are being carried out. If fraud is suspected, it is nearly impossible to investigate because other than a signed affidavit, no record exists showing who returned which absentee ballot. This allows campaigns, corporations and special-interest groups to "harvest" ballots. A photo identification would be a significant step in reducing voter fraud. California's Secretary of State recognizes that voters will question why some people are required to present ID at the polls and others are not. Having every voter show a photo ID can eliminate confusion at the polls. Requiring voters to provide photo identification when voting in federal elections is included in "The Federal Election Integrity Act of 2004," or H.R Recent attempts by the California legislature (S.B. No and S.B. 1371) to strengthen voting identification have failed to make it out of committee. In many areas of our lives, we are forced to show identification, even a photo I.D., so it's not unreasonable to expect people to do the same in order to vote. Valid identification when registering to vote, including proof of citizenship makes sense. Requiring identification is a simple, effective and sensible way to help prevent voter fraud by illegal aliens, parolees, minors, and non-citizens. BILL HORN Supervisor, Fifth District

7 " SUBJECT: Protecting Democracy at the Polls AGENDA ITEM INFORMATION SHEET CONCURRENCE COUNTY COUNSEL REVIEW Written Disclosure per County Charter Section ~equired [x] Yes [I Yes CONTACT PERSON: John Culea Name Phone Fax A-500 Mail Station