Promote and Protect the Vote 2016 California Election Law Training Coby King and Steve Kamp 1
Overview of Voter P2TV 2016 Thanks for joining Quick History of the Program 1988 Orange County Poll Incidents 1992 Election Watch Transition to Promote and Protect the Vote Model for National Program Our goals 2
Overview of Voter P2TV 2016 This training Voter Registration Vote by Mail Ballots (formerly Absentee Ballots ) Election Day Procedures Campaign Workers and the Polling Place Challenges to Voters and HAVA Provisional Ballots Electioneering before Election Day Assignments 3
Voter Registration Eligibility: United States citizen, resident of California, not in state prison or on parole for a felony conviction, at least 18 years of age on November 8, 2016. Deadline for new registrations is Monday, October 24, 2016. Voters should register at the address at which they sleep. 4
Voter Registration (cont.) However, people who become a new citizen between October 25 and November 8 at 8 pm may vote at the registrar on those dates. Presidential year exception for new Californians. Register & vote at the registrar. (For next cycle, anyone otherwise eligible will be able to register in the last 15 days at the county registrar.) Registrations cannot be cancelled except by signed written letter from the voter, Superior Court finding of mental incompetence, or a felony conviction or death as transmitted to the registrar by county officials. 5
Voter Registration (cont.) Felons: Ex-felons can re-register and vote once their prison term or parole ends. Persons convicted of a felon but serving their sentence in county jail may vote 6
Voter Registration (cont.) Moving within California Persons who move anywhere in California can send a letter or fill out a new voter registration card, but must do so by October 24 if the new address is in a county different from the old address county. 7
Voter Registration (cont.) Moving within California (cont.) If the new address is in the same county as the old address, voters who move between October 25 and November 8 can go to the new address polling place, register, and vote. They can also vote at the old address polling place, vote at the County Registrar, or cast a regular or emergency VBM ballot Voters who move to another county between October 25 and November 8 should vote at the County Registrar in the departing county before the move, or request a VBM ballot sent to the new address. 8
Voter Registration (cont.) Voter registration drives: paid registrars must personally place payment source info and signature on registration cards. Registrants are asked to give CDL, phone number, email address, party, but don t have to. Ditto re middle initials, prefixes. HOWEVER: a voter who changes their surname must now re-register under the new name. 9
Voter Registration (cont.) Registration card must be executed and postmarked on or before October 24 and reach registrar by mail by November 8, or delivered to registrar on or before October 24. Watch out for registrations at DMV that are not timely transmitted to the Registrar or Secretary of State. 10
Vote by Mail Ballots (formerly Absentee Ballots) Unlike some states, California permits any voter to apply for an vote by mail ballot. The application period opened October 10, but applications received prior to such date are kept and processed by the registrar. Overseas voters, Armed Forces members, and merchant sailors are the only groups that may apply as early as September 9. 11
Vote by Mail Ballots (cont.) Campaigns may distribute vote by mail ballot applications as long as the format is approved by the Secretary of State and the voter personally signs and writes in the address to which the ballot is to be mailed. Anyone may apply for permanent vote by mail voter status between October 10 and November 1. 12
Vote by Mail Ballots (cont.) Permanent vote by mail voter status remains permanent as long as the voter votes vote by mail in one of four statewide general elections. Voters may personally apply for vote by mail ballots via fax, email, or the internet, but only overseas voters/sailors/armed Forces members may return voted ballot by mail ballots via fax. Ballots can never be returned via email. 13
Vote by Mail Ballots (cont.) The regular vote by mail ballot deadline closes November 1, but emergency vote by mail ballots are available between November 2 and November 8. Emergency vote by mail ballots are available to any voter who declares under penalty of perjury there are conditions resulting in their absence from their precinct on November 8. It may seem obvious, but a 2016 decision clarified that only voters who request a VBM (any type) can vote a VBM ballot. 14
Vote by Mail Ballots (cont.) CHANGE IN LAW on Postmarking Voted vote by mail ballots that are personally delivered must be physically in the hands of the registrar or any polling place in the voter s county by 8:00 p.m. November 8. Ballots that are mailed will be counted as long as they: If postmarked, are postmarked by Election Day (November 8). (If mailed but not clearly postmarked, the VBM envelope must be dated by November 8); AND Received by the registrar within 3 business days (this year, extended to Monday, November 14 because of Veterans Day) Affix correct postage: 47 for 1 st ounce, 68 for up to 2 ounces, and 89 for up to 3 ounces. 15
Vote by Mail Ballots (cont.) The voter can personally deliver it to any polling place in the county of registration (or to the registrar) any time between 7:00 a.m. and 8:00 p.m. November 8. A regular vote by mail ballot can be delivered by the voter, a household co-resident, spouse, child, parent, grandparent, grandchild, brother, or sister. (NOTE: this will change in 2017.) It cannot be delivered by a campaign worker. 16
Vote by Mail Ballots (cont.) An emergency vote by mail ballot can be delivered by the voter or any representative designated in writing by the voter, including campaign workers, as long as the same person (or the voter) does the pick up and delivery. Voters must personally sign the vote by mail ballot delivery envelope. NEW LAW: A voter who forgets to sign VBM may file an Unsigned Ballot Statement by 5 pm on November 15 17
Vote by Mail Ballots (cont.) Voters who lose vote by mail ballots can request a second one under penalty of perjury. Voters may return the unvoted vote by mail ballot at the polling place and vote in the booth. If they can t find the unvoted vote by mail ballot, they get a provisional ballot. 18
Election Day Procedures Polling place administered by precinct board: one inspector, 2 or 3 clerks Each party central committee gets precinct board list in precinct order. Voter lists: main and supplemental Open 7:00 a.m., close 8:00 p.m. Anyone in line at 8:00 p.m. votes. 19
Election Day Procedures If polling place does not open, call the Hotline and/or the county registrar immediately. If ballot supply runs out, registrar can either deliver additional ballots in time OR utilize an alternative procedure previously approved in advance by the SoS. 20
Election Day Procedures Other Election Day Issues Children: Under 18 allowed to accompany the voter into the booth Assistance: Depends on whether the polling place is accessible If unable to mark ballot, may be assisted by up to 2 people, neither of whom are agents of employer or union Time off: 2 hours off must be granted as long as the request is made of the employer by Friday, November 4 21
Campaign Workers and the Polling Place Do not electioneer within 100 feet. What is electioneering? You can enter the polling place area to inspect the roster. Precinct board must cross off the roster the name of each voter who votes. This must be done on the hour until 6:00 p.m. If it isn t happening, call the HOTLINE. NEW LAW: Selfies (or photographing ballots) are STILL illegal (until 2017) 22
Campaign Workers and the Polling Place (cont.) Treating campaign workers well. Dealing with incidents The escalation principle Intimidation Tactics It is illegal to carry a firearm or wear a security officer s uniform within 100 feet of polling place. It is illegal to remind people that voter fraud is a felony punishable by prison and stiff fines. 23
Provisional Ballots The ultimate safety valve: anyone whom the precinct board won t acknowledge, must be allowed to vote a provisional ballot. In Los Angeles County in November 2014, 91.5% of the 120,928 provisional ballots were counted. Even successfully challenged voters get to vote a provisional ballot. California SoS has interpreted HAVA to allow a voter to terminate any challenge by demanding a provisional ballot. 24
Provisional Ballots (cont.) You can even vote in the wrong precinct (but in the right county) and your provisional ballot will be counted for election choices voted on in your correct precinct (e.g., statewide candidates, state ballot propositions). Voters who are asked for and cannot provide ID at the polls can vote a provisional ballot. 25
Provisional Ballots (cont.) Provisional ballot voters should carefully fill out and sign the ballot envelope and make sure the signature reasonably approximates their registration signature. REMEMBER: EVERY VOTER CAN RECEIVE AT LEAST A PROVISIONAL BALLOT (maybe a regular ballot). NO EXCEPTIONS! 26
The Help America Vote Act (HAVA) and The Need to Check ID What is HAVA Signed into Law October 29, 2002 "Help America Vote Act of 2002," (HAVA) Pub. L. No. 107-252, 116 Stat. 1666 (2002) Codified at 42 U.S.C. 15301 to 15545. 27
HAVA (cont.) The legislation aims to improve the administration of elections in the United States, primarily through three means: creating a new federal agency to serve as a clearinghouse for election administration information; providing funds to states to improve election administration and replace outdated voting systems; and creating minimum standards for states to follow in several key areas of election administration. 28
HAVA (cont.) For the purposes of this training, we will focus on requirements imposed on California counties Proof of Residency Requirements 29
HAVA Proof of Residency (cont.) Previous law NO proof of ID or residency required in order to vote Poll workers once unfamiliar has been a problem on Election Day SoS Summary of advice to poll workers: Federal law now requires that some first time voters in a county who have registered by mail provide proof of residency prior to voting a regular ballot in a federal election. Otherwise, these voters are entitled to vote a provisional ballot. 30
HAVA Proof of Residency (cont.) Only applies to voters registering for the first time in a county after January 1, 2006 Lots of Exceptions Applies ONLY to affidavits that are mailed in Does NOT apply to cards collected by third parties (such as the CDP) Does not apply if the voter provided appropriate documentation at the time of registration Does not apply if the voter s information is verified by the DMV database 31
HAVA Proof of Residency (cont.) Establishing Proof of Residency 20107 ID / Residency Requirements are to be Liberally Construed Good forms of Proof of Residency Any Government ID, including Current California Drivers License, passports, military ID Virtually any other picture ID, such as: Health club Student ID Costco Employee ID Credit or debit card 32
HAVA Proof of Residency (cont.) Establishing Proof of Residency 20107 Other forms of proof of residency, in general must be dated since November 6, 2012 and show current address Utility Bill with current address Bank Statement Virtually any government-issued document For more details see 2 CCR 20107 33
HAVA Proof of Residency (cont.) At Polls: In LA County and others, the rolls show a special code for those that need to show ID (less than 1% of all voters in LA) What if No ID? Voter must be encouraged to vote provisionally 34
HAVA Proof of Residency (cont.) Finally, all these rules apply to vote by mail ballots For those voters for whom proof of residency is required, copy of the proof must be included with the returned ballot If not, will be treated provisionally 35
Challenges to Voters Campaign workers cannot challenge voters. Only the precinct board may challenge voters. Any campaign worker who wants to challenge a voter must convince the precinct board there is probable cause the voter has already voted, is not a citizen, not a resident of the precinct, is a felon, or is not the person on the voter roster. 36
Challenges to Voters (cont.) Challenge procedure no proof necessary Undelivered mail standing alone is expressly barred as a challenge predicate. Person who moved on or after October 24 can go back to old precinct and vote one last time. He or she cannot be challenged. Widespread and systemic challenges can be stopped by the precinct board, and could result in criminal convictions for the challengers. 37
Challenges to Voters (cont.) California SoS has interpreted HAVA to allow a voter to terminate any challenge by demanding a provisional ballot. Any doubt is resolved in favor of challenged voter. Even if challenge is successful, voter gets a provisional ballot. 38
Election Day Technology No more punchcards All vote by mail ballots are optical scan ballots. 39
Election Day Technology (cont.) 56 (of 58) Counties Optical Scan + DRE or AutoMARK (voter option) 2 Counties DRE is primary technology in Polling Place, with Elections Code Section 14300 paper (OS) ballot option. 40
Election Day Technology (cont.) Carefully follow the instructions and review your choices. Use the optical scan in the 56 counties where this is the primary polling place technology: follow the instructions, fill in only the ovals, use only the supplied pen, don t smudge the ink, don t try to correct errors, get up to 2 replacement ballots, watch out for candidate lists that jump pages (don t overvote) Get technology-specific voting instructions from the Manual, or from Kamp at steve.kamp@comcast.net, or at www.sos.ca.gov Get technology testing information from Kamp. Through the county central committee, work with the registrar on logic and accuracy testing through November 1, and carefully monitor October 25 counting of vote by mail and other ballots. 41
Election Day Technology (cont.) Each polling place must have at least one handicapped-accessible unit. These are either DRE machines or the ES&S AutoMARK scanner. 42
Electioneering before Election Day No Hatch Act for CA state/local employees. No use of state resources, state time, uniforms. Significant minority of federal employees (e.g., FBI, CIA, FEC, SES, ALJ) still cannot campaign even on their own time. Most federal employees can campaign on own time but cannot solicit contributions. 43
Electioneering before Election Day (cont.) Any Hatch Act questions should promptly be referred to state campaign counsel. Use of corporate or labor facilities can be an illegal contribution. Call state campaign counsel. 44
Electioneering before Election Day (cont.) Literature with federal candidates: FEC regulations. Literature with state candidates mailed 200+: FPPC regulations Literature with both: FEC + FPPC (if mailed 200+) Slate mailers 45
Electioneering before Election Day (cont.) Campaign libel suits impossible to win, usually tossed out at pleading stage. No prior restraints. No literature in mailboxes. Streets, sidewalks, parks, private shopping centers OK for leaflets. Comply with reasonable time place and manner regulations. 46
Electioneering before Election Day (cont.) Report any problems to state counsel in detailed e-mail with specific problems, possible alternatives. Access to apartment complexes, gated communities, mobile home parks is problematic. Must be equal access. Evidence of access for another campaign very helpful. 47
Assignments How many hours do I have to work? When will we get our assignments? What will really happen Indicate how many hours you can work You will be assigned to cover an area, work with a campaign, or be based in a field office 48
P2TV on Election Day Command center set up by 6:30 am on Election Day Phonebank Incident Form Distribution by E-mail Incident Resolution Calls to Registrars Field Visits 49
AFTER Election Day For close races Vote count monitoring Enforcing Uniform Vote Counting Standards Recounts 50
Contact Information Coby King, Esq. coby@cadem.org cobyk@cobyking.com (310) 489-3280 Steve Kamp, Esq. steve.kamp@comcast.net cell (916) 501 1791, Cal. Secretary of State www.sos.ca.gov (916) 657-2166 51
Promote and Protect the Vote California Election Law Training Coby King, Esq. Steve Kamp, Esq. 52