Ballot Preparation and Proofing Joseph Rozell, Oakland County Director of Elections 1
Training Agenda Candidate filings and how names appear on the ballot Proposal language an eye for detail Michigan Ballot Production Standards Proofing tedious and time consuming Determining the right quantity of ballots 2
Candidate Filings I want this, I want that What s allowed What s not 3
Our role as filing officials Review Affidavit of Identity Make certain the name used by the candidate is legal Notify the candidate of the need for correction or your corrective action 4
Candidate Names MCL 168.560b Has candidate had a legal name change in past 10 years (other than marriage or divorce)? Yes. Candidate must indicate on the Affidavit the former name. No. Candidate indicates how they wish their name to appear. 5
Candidate Names What are my Options? MCL 168.560b - A candidates given name and surname he or she was given at birth. - A candidates given name and middle name or only a middle name along with surname. - An initial or recognized diminutive of a given name or middle name or both. - Common law name used on a Driver s License - Maiden name. May be hyphenated. 6
Candidate Names Let s review an example Joseph John Rozell - Joseph John Rozell - Joseph J. Rozell - Joseph Rozell - Joe John Rozell - Joe J. Rozell - Joe Rozell - Joey John Rozell - Joey J. Rozell - Joey Rozell - John Rozell - J. John Rozell - J. J. Rozell - J. Rozell 7
Candidate Names Let s review an example (maiden name) Michigan Supreme Court Ronald E. Michalak v. Oakland County Clerk A maiden name is a name that may always be used and is never forfeited. Susan Smith (Jones) - Susan Smith - Susan Jones - Susan Smith-Jones - Susan Jones- Smith - Susan Smith Jones 8
Candidate Names What s not permitted? MCL 168.560b - A candidates nickname. - A non-recognized diminutive. - Credentials (MD, PhD, DO, etc.) - Diminutive means a smaller or shorter thing. A shortened form of a name. If it s not easily recognizable, require the candidate to submit legitimate documentation to support it. 9
Always make certain the candidate uses title case (Upper/lower) 10
Creating a candidate list 11
Creating a candidate list - Keep list current with a date updated in the header/footer - Always mark list as unofficial until after the withdrawal deadline lapses. - The list should include candidate information such as address, phone, email, etc. - If your county maintains a list, periodically check to make sure all your candidates are included. - Consider a link on your page to county page. 12
Creating a candidate list - Remember to send Affidavits to County Clerk as candidates file. This will keep the list up to date and assist with campaign finance requirements. - Although not required, in the interest of fairness, it s a good practice to review items and notify candidates prior to the filing deadline of any issues (if possible). 13
Candidate Filings - Michigan Court of Appeals Case (2002) - Bloomfield Charter Township v. Oakland County Clerk - This decision established the doctrine of substantial compliance. - Michigan Supreme Court Case (8/2012) - Stand Up For Democracy v. Secretary of State - This decision established the doctrine of strict compliance. 14
Candidate Filings - Welcome to the era of strict compliance! - What does this mean to you? - The i s must be dotted and the t s must be crossed. - Failure to adhere to the letter of the law could result in disqualification 15
Candidate Filings - Strict Compliance Example (2016) - Berry v. Garrett, et al. - A candidate for Township Supervisor is disqualified as a candidate by the Township Clerk and Wayne County Election Commission. He did not indicate his precinct number on the Affidavit of Identity. COA upholds decision. 16
Candidate Filings - Strict Compliance Example (2016) - Delaney v. Board of State Canvassers - A candidate for Circuit Judge is disqualified by the Board of State Canvassers because a few of his nominating petitions did not contain his complete address. Without those petitions he did not have enough signatures. COA upholds decision. 17
Candidate Filings - Strict Compliance Example (2016) - Aiello v. Macomb County Clerk - A candidate for State Representative is placed on the ballot despite one page of his nominating petitions not containing the date of the primary. Without that petition he did not have enough signatures. COA reverses and orders removal. 18
Candidate Filings - Strict Compliance Example (2016) - Bailer v. Winfrey - A candidate for Detroit School Board is placed on the ballot despite omitting her precinct number on the Affidavit. Wayne County Circuit Court orders removal. No appeal. 19
Affidavit What s required? MCL 168.558(2) - An affidavit of identity shall contain the candidate's name, address, and ward and precinct where registered, if qualified to vote at that election; a statement that the candidate is a citizen of the United States; the candidate's number of years of residence in the state and county; other information that may be required to satisfy the officer as to the identity of the candidate; the manner in which the candidate wishes to have his or her name appear on the ballot; and a statement that the candidate either is or is not using a name, whether a given name, a surname, or otherwise, that is not a name that he or she was given at birth. If a candidate is using a name that is not a name that he or she was given at birth, the candidate shall include on the affidavit of identity the candidate's full former name. 20
Proposal Language Have your city/township attorney draft or review ballot language that your local board adopts. Make certain to forward the actual resolution and language to your County Clerk. Have two individuals proof the language when the proof ballot arrives. One reads and one checks. 21
Proposal Language Proofing is so fun Joe s a great boss 22
Proposal Language - Proposal language must appear on the ballot exactly as it was approved by the governing board or on the referendum petition. - Language should have a title, it should not be in all capital letters and cannot contain boldface type or underlining. - Specify order of multiple proposals - You aren t proofing grammar, millage rates, etc. on the submitted proposal. You are proofing that the ballot wording is an exact 23 match to what was submitted.
Proposal Language Proofing example A PROPOSAL TO ADDRESS MUNICIPAL SALARIES This proposal would permit the State of Michigan to provide funding to increase the salary of every city and township clerk in the state. Funding for this proposal, if approved, would be allocated from Revenue Sharing. No taxes will be increased as a result of this proposal. Shall this proposal be adopted? 24
Michigan Ballot Production Standards 25
Michigan Ballot Production Standards - Created by a committee of County Clerks, Election Directors and the Bureau of Election staff. - Manual is updated each year. - Based on law and best practices. - Will be updated soon based on new voting equipment. 26
Michigan Ballot Production Standards - Sue desteiguer Kent County (Dominion) - Barb Byrum Ingham County (Dominion) - Tim Snow, Kalamazoo County (ES&S) - Roger Cardamone, Macomb County (ES&S) - Joe Rozell, Oakland County (Hart) - Justin Roebuck, Ottawa County (Hart) - Sally Williams (BOE) - Carol Pierce (BOE) 27
Proofing Avoiding cost and embarrassment 28
Proofing A team effort - County, Local, BOE and vendor (if used) - Make certain your local candidates and proposals appear on the proof ballot. - Assist the County and/or vendor by reviewing the entire ballot. 29
Proofing Most common errors - Failing to rotate names when required. - Leaving a candidate off the ballot. - Getting the vote for wrong - Leaving an entire office off the ballot. - Misspelling a candidates name - Missing a partial term 30
Proofing 2016 Issues 31
Proofing Having the necessary resources - Proof ballots. - Candidate/Proposal list. - Precinct/Split list. - Ballot Production Standards Manual. 32
Proofing The process - Always proof in teams of two. - Use employees who have good attention to detail. - One reads and one checks - Quiet area with no distractions 33
Proofing What are we proofing? - ballot format; - offices on ballot and the placement of offices; - district numbers (where applicable); - number to be elected to each office; - placement of candidate names; - form and spelling of candidate names; - candidate rotations; - number of write-in lines provided under office; - placement of special ballot designations; - wording and placement of ballot proposals. 34
Proofing Mailing a proof ballot to candidates MCL 168.565, 168.711 - For local candidates appearing on the August State Primary or November State General, the county clerk will mail proof ballots. - For local candidates appearing on odd-year November General, coordinate with county clerk. 35
Proofing The remedy to errors not caught during proofing - It could require a re-print and re-issuance of ballots. - Certain errors not discovered during proofing, could result in a special mail election. - The aggrieved candidate petitions the Board of County Canvassers for the election to be held again. 36
Proofing The remedy, MCL 168.712 If the name of any candidate regularly certified to the board of election commissioners is omitted from the ballots, or if it is found that a mistake has been made in the printing of the name of any candidate on the ballot, the board of election commissioners shall have the ballots reprinted with the candidate's name on the ballots. 37
Ballot Quantities How many do I really need? - Depends on the type of election and judgement. 38
Ballot Quantities How many do I really need? - MCL 168.563, Primary Elections - Number equal to the total number of votes cast in the most recent corresponding primary election plus 25%. - Example; Precinct 1 = 1,000 ballots cast. 1,000 x 25% = 1,250 minimum. 39
Ballot Quantities How many do I really need? - R168.774, General Elections - Number equal to the total number of registered voters as of the close of registration. - Example; Precinct 1 = 2,000 registered voters. 2,000 minimum. 40
Ballot Quantities How many do I really need? - R168.774, Special or local Elections - Number determined by the local clerk. - Consider the election date, ballot content, community sentiment. 41
Ballot Quantities What s your Plan B? - Always best to prepare for the worst. - How would you handle a ballot shortage on Election Day? - Does your county/vendor have the ability to print more on Election Day? - Do you have a blank ballot to photocopy if necessary? 42
Ballot Quantities What s your Plan B? - The media is just waiting to pounce 43
Ballot Quantities What s your Plan B? - The media is just waiting to pounce - http://www.fox2detroit.com/news/election s-2016/102993209-story - http://woodtv.com/2016/03/09/plainfieldtwp-clerk-pledges-to-fix-ballot-shortageby-fall/ 44
Questions? Thank you for your commitment to successful elections! 45