Observing Election Processing
version 12/4/2020
Ordinary citizens can
watch election processing at the elections office, and often online. Each state
has its own rules.
By observing, you show
staff that people care, you encourage better procedures, and you can tell
others how trustworthy the results are.
Watch as much as you can. Even
if you don't know what the process should look like, watching will teach you.
Find allies in your state. Send
suggestions to admin@VoteWell.net
That's all you really need to start. There's extra information
below, if you have time, including a simple form
if you want to take notes.
If
you see anything that looks odd, ask which official to talk to. You can also
tell an organization, reporters, 866-our vote (which is a national team of
election lawyers), and map the incident at http://SeeSay2020.com
(here's info
about map).
As
the National Conference of State Legislators says, "Credible
observers can help ensure that procedures are properly followed and can increase
public confidence in well-run elections... Observers are trained to
attentively watch without interfering. They examine not only Election Day
activities, such as the casting of ballots, but also pre-election and
post-election processes."
Schedule. Check
what your state allows. Then learn from the local election office website, then
ask staff only the most important remaining questions. Be reasonable,
respectful, nice. Build an alliance with staff and reporters for better
elections. Some offices post announcements inside their office.
1. 40
states require advance accreditation for some steps, so check the rules now. Qualifications
vary. Some states require accreditation to watch centralized vote processing;
some don't.
2. Which steps of election processing are open to public?
Only
WV does not allow poll watching, but even there, election night counting,
canvassing and 3% hand counts are done in meetings of the County Commission,
open to the public.
3.
Have schedules been announced? When will
they be? If the schedule and meetings are not online, ask for that. Calls show
that people care
4.
Can
central processing and election board meetings be observed online? If online,
use sharpest possible video monitor. Where can you get minutes of past
meetings? Election board meetings are important and many places can webcast
them.
5.
If
meetings are in person, call to ask about social distancing, and whether
officials will wear masks to protect voters. Calls show that people care
6.
Wear
mask. In big rooms are binoculars allowed?
7.
Do
they restrict the colors of observers' pens, to prevent or identify source of
stray marks?
8.
If
your area still needs poll workers or other temporary staff, consider applying.
You won't see as widely as observers, but you can become very familiar with the
process and help it work.
9.
Maybe
you can attend their training for poll workers or signature verification?
Especially if it is online. Ask for manuals, which also may be online. An
organization, Scrutineers, also
trains signature
verification online for $1.99 membership.
1.
Find
others
in your state who observe elections, to share the work and help each other
report good and bad findings to officials, reporters, and wherever they will
make a difference. Search on web for allied poll-watching groups, ask friends,
candidates, check with Scrutineers,
Citizens' Oversight,
Election Verification Network,
other civic groups, unions, business groups, political parties.
2.
Publicize
the schedule of observable events to people and groups you know. No one can
watch everything. Starred items below may be most important.
3.
Ask
candidates to have volunteers observe everything.
4.
Many
states allow more
access for partisan observers. Decide whether to sign up with a candidate
to be on their observer team. ballotpedia.org/Sample_Ballot_Lookup
5.
Publicize
866-our-vote and/or your local group to
report problems.
6.
If
you're a lawyer, is there an election judge on call? Can you have templates
ready if needed?
Examples include:
Schedule:
https://sfelections.sfgov.org/observe-election-process
Great
observation stories from Colorado: http://electionquality.com/observed_elections/
Compare
state rules: https://www.ncsl.org/research/elections-and-campaigns/policies-for-election-observers.aspx
Partial
list of state handbooks: https://www.eac.gov/election-officials/poll-watchers
Observers
quell rumors: https://www.lwv.org/blog/observing-elections-and-protecting-voters-wisconsin
Republicans'
observers: https://www.facebook.com/officialteamtrump/videos/264058754952383
Democrats'
observers: https://arlingtondemocrats.org/start-making-difference-now/voter-protection/
Florida
precinct watchers' checklists and training: http://www.ffec.org/election-monitoring-audits/
Election
security issues: https://www.eac.gov/sites/default/files/document_library/files/Argonne-NL-2012-Suggestions-for-Better-Election-Security.pdf
Steps to watch. You can print the short form
at bottom to note names, times, events. This will help you remember what
you see, to discuss with others. Signature may let lawyers use it under
evidence Rule
803(5).
Even
if you don't know what the people you watch should be doing, watching will
teach you. Ask whom you should approach if you see something off, so you don't
interrupt the workers and process.
A. Between
elections
1.
What
changes in law does the election office want?
2.
Destroying
old ballots and erasing old electronic media after 22 months. (pages 75-79 of https://www.justice.gov/criminal/file/1029066/download
"Originals must be retained" for 22 months under federal law)
3.
Find
the advertisements for printing, mailing and election machine contractors
("request for proposals" and contract decisions, months ahead).
4.
Get
copies of contracts. Just ask. If they resist, state laws on open records are
summarized at https://www.rcfp.org/open-government-guide/
You can get help submitting and tracking requests at: https://www.muckrock.com/faq/#general
5.
When
are temporary staff hired?
6.
When
will designs be reviewed for ballots and envelopes. You may want to offer
suggestions.
7.
Mailings
of information to voters, if any.
8.
Attend
public presentations, if any.
9.
When
will training material for temporary staff be updated? You may want to offer
suggestions.
10.
Public
meeting to randomize order of candidates.
11.
Training
for temporary central staff and poll workers
B. Absentee Ballots
1.
Processing
requests, if any
2.
Printing,
addressing and mailing ballots (usually done by contractors; you can ask for
the contract)
3.
Receiving
ballots, storage locations? Who has keys overnight? Who watches security
cameras? ★Article on issues
with storage: http://losspreventionmedia.com/insider/retail-security/physical-security-threats-and-vulnerabilities/
4.
Cameras
or staff at drop boxes? Article on drop boxes: https://electionsgroup.com/assets/Ballot%20Drop%20Box%20Guide.pdf
5.
Emptying
drop boxes and delivering to central site. Numbered seals? Article on issues
with seals: https://alu.army.mil/alog/issues/JulAug12/Choose_Use_Seals.html
6.
Computer-checking
signatures
7.
Hand-checking
signatures (specialized form
if you wish)
8.
Supervisor
review of initial hand rejections. This is final, smallest step, so easiest to
observe.★
9.
Setting aside rejected envelopes for
voters to cure, if your state does so. Sending cure notices to voters. Handling
voter responses in person and by mail.
10.
Reviewing late arrivals for postmarks
11.
Pulling
ballots from accepted envelopes. Are pens, briefcases, bags forbidden? Do they
restrict observers' pens? How do they handle envelope with more than one
ballot?
12.
Copying
damaged ballots so they can go through ballot scanners for counting★
13.
Sending
and receiving UOCAVA (military) + remote disability ballots. All offices accept
military ballots by email or fax on last days, a few let people with
disabilities submit online. https://www.ncsl.org/research/elections-and-campaigns/internet-voting.aspx#Table
14.
Copying
UOCAVA+disability voter choices onto scannable ballots
15.
Sorting
absentee ballots by precinct, if done
16.
Scanning
and tallying absentee ballots. Are pens, briefcases, bags forbidden? ★
C. Election
machines (voting, pollbooks and central count)
1.
Who
has keys to storage?
2.
Loading
ballot definitions
3.
Logic+accuracy
tests (with test ballots) (specialized form
if you wish)
4.
Delivery
to polling places, could polling place owner or anyone else have access before
poll opens?★
5.
Watch
for malfunctions of machines, memory devices, access by vendors
6.
Picking
up machines from polling places
D. Early voting
location(s)★
1.
Who
has keys? numbered seals?
1.
General
observation. If significant problem or voters say machines switched their vote
(staff may think voter error), report to a central group in your jurisdiction
and/or 866-our-vote, and http://SeeSay2020.com so they can see if
there's a pattern.
2.
Are
campaigns, press, or outsiders interfering with voters outside? Is anyone doing an
exit poll outside?
2.
Opening
and closing each day
E. Precinct voting★
3.
Arrival
time of poll workers, open to public? Ballot boxes empty? Ballots+machines
arrive with seals? Machines showing zero?
4.
General
observation. If significant problem or voters say machines switched their vote
(staff may think voter error), report to a central group in your jurisdiction
and/or 866-our-vote, and http://SeeSay2020.com so they can see if
there's a pattern.
5.
Are
campaigns, press, or outsiders interfering with voters outside? Is anyone doing an
exit poll outside?
6.
Are
closing procedures well organized? Ask and write down how many provisional
ballots and ordinary ballots were issued. Poll workers track these numbers from
the sign-in book or poll book, not the voting system. They should be very close
to the number of votes. People can see decisions on provisional ballots in step
G1.
7.
Photograph
poll tape if tallied at precinct. There are ideas at https://www.protectourvotes.com/photo-finish/
and https://democracycounts.org/actual-vote/
and ValidateTheVoteUSA.org .
Check later if totals in your photo match election day totals reported for that
precinct.
8.
Carrying
ballots + memory cards from polling places
F. Election day and
night★
1.
Is
there a practice session for election day or election night?
2.
Central
office handling requests from precincts on election morning and election day
3.
Copying
into central memory the memory devices from precincts, early voting, absentees,
UOCAVA, disability. Seals?
4.
How
do they prevent someone palming a new memory device into the system instead of
the true one?
5.
Scanning
and tallying ballots. How do they track groups of ballots to ensure each is
scanned once and only once?
6.
Whenever
staff have access to ballots, are bags kept out of reach, and black pens
forbidden?
7.
When
a ballot jams or otherwise fails to read, where does it go next? How is the
rest of the batch handled?
8.
Re-reading
ballots in case of problems?
9.
Transferring
results to internet/public. How do they prevent the internet infecting the
central election machines?
10. (At home) Screen
capture each time election results update. There are always rumors that some
candidates' votes decrease, which should never happen. You can disprove (or
prove) the rumors. You can also capture video on phone or computer with
Windows+G on Windows, QuickTime on Mac, or other
programs.
G. Processing after
election night★
1.
Processing
provisional ballots; Public decisions? Good reasons to accept or reject?
2.
Adjudicating
ballots with ambiguous votes, which the scanner set aside.
3.
Audit
(checking machine counts) if your area does one: selecting random sample,
getting ballots from storage, re-tallying them by hand? by machines? Visible to
public? https://verifiedvoting.org/publication/checking-the-paper-record-a-guide-for-public-oversight-of-tabulation-audits-2/
(specialized form if you
wish)
4.
Certifying
the results. States
vary.
5.
Boxing
ballots for storage, seals+keys? Map of state rules on access
to ballots and ballot images.
6.
Recount,
if any. This will be similar to steps F and G above. Details will depend on
state law, and will include close observation by the candidates involved in the
recount.
★ Starred items may
be most important to observe
Form: On
back you can repeat any letter at left, for more space.
http://VoteWell.net/observe.htm
A |
Observer Name, Organization if
any, email / phone: |
|||
B |
Date |
Start time(s) |
End time(s) |
Location: |
C |
____Number of government staff
present by title (____election, ____council, ____police, etc). Some or all
Names or descriptions: |
|||
D |
____Number of election
contractors present. Some or all Names: |
|||
E |
Other observers, press,
candidates, etc. present: |
|||
F |
General topic of activity
(voting, machine-scanning, checking signatures, etc.). Note by hand, machine,
onscreen: |
|||
G |
Observations, and any follow up
needed: |
|||
H |
If it's not voter-by-voter, do
they handle ballots in batches? Number per batch: _____envelopes or
_____ballots or _____inches? How many batches did you see? |
|||
I |
(If you feel
comfortable:) I declare under penalty of perjury that
this page and any attachments are true and correct. Executed Date: in (city & state): . . . . . . . . . . . . . . .
. . .Signature: |
|||
J |
Time(s) |
Issue(s) which came up and
resolution. Details: People
involved, sequence of events, "direct quotes", times |