Score: 0 (1/3/1)
Mendocino County Grand Jury • 2007-2008

Your Vote Does Count a Look at Mendocino County Voting May 15, 2008

Published: May 15, 2008 9 pages
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Findings and Recommendations 49 findings

F1
Any United States citizen, who is a resident of California, at least 18 years of age and not in prison or on parole for conviction of a felony, may register to vote. A registered voter, also known as an elector, must be a resident of an election precinct at least 15 days prior to an election in order to vote in a given precinct. (Elections Code EC §321)
No recommendations for this finding
F2
Under the Elections Code, residence for voting purposes means a person’s domicile. The statute explains that ‘domicile’ means: “...that place in which his or her habitation is fixed, wherein the person has the intention of remaining, and to which, whenever he or she is absent, the person has the intention of returning. At a given time, a person may have only one domicile.” EC§349
No recommendations for this finding
F3
If a person has more than one residence, the person must choose which will be the designated domicile. “If a party has two residences, that will be esteemed his domicile which he himself selects or deems to be his home, or which appears to be the center of his affairs.” Chambers v. Hathaway (1921) 187 Cal. 104, 105
No recommendations for this finding
F4
Election Code §2031 sets up two rebuttable presumptions in determining domicile: your domicile is where you have a homeowner’s exemption and the principal address on your driver’s license. However, a domicile need not be an ordinary living space, but must have a fixed location. It could be a street corner, a boat, a truck, or under a bridge; homeless people do not lose their citizenship rights.
No recommendations for this finding
F5
A person may register by mail. Registration forms are available at county libraries, post offices, city halls, offices of Department of Motor Vehicles (DMV), Department of Social Services, and on the internet at Secretary of State’s website. There is also a Federal form available that is accepted by all states.
No recommendations for this finding
F6
Since January 1, 2006, as required by HAVA, the Registrar validates new registrations by running the registrant’s information through a statewide database. Registrations prior to January 1, 2006 are not checked through the database so long as they continue to vote in general elections.
No recommendations for this finding
F7
After you register, your identity and current domicile address will be confirmed and the information entered into the statewide voter database. To verify identity you must supply a driver’s license/California ID number or the last four digits of your Social Security number. If you do not have the above, you will be issued a unique voter identification number by the State valid only for voting. If your documents do not have your current domicile address, you may be required to provide additional proof of residency such as a homeowner’s tax exemption or file a sworn affidavit.
No recommendations for this finding
F8
Since January 1, 2006 there is also an ongoing updating of records for all voters. The Registrar’s Office gets notice from: • DMV if voter submits change of address; • Registrars if voter registers elsewhere in California; • County Public Health Dept and State Health and Human Services of deaths; • Post Office if sample or absentee ballots are returned undeliverable.
No recommendations for this finding
F9
All of these notices are run against the voter registration lists to keep them current.
No recommendations for this finding
F10
The Registrar’s Office under certain circumstances will either cancel or inactivate a registration: • If a voter notifies the Registrar that they are moving out of county, the Mendocino County registration is cancelled. • If the Registrar receives notice of new registration in another county or out of state, this County’s registration is cancelled. • If the Registrar receives indirect notice from another agency that voter moved, the registration will be inactivated. • If the voter remains inactive for two (2) federal general elections, the registration will be cancelled.
No recommendations for this finding
F11
At the time of registration, voters may specify a political party affiliation or decline to state any affiliation. In the 2008 presidential primary, voters who had not registered with one of the six qualified parties (Democratic, Republican, American Independent, Green, Libertarian, Peace and Freedom) were allowed to request a ballot to vote in the party primary of either the Democratic Party or American Independent Party, as those two parties had rules allowing party affiliation on Election Day. Otherwise, unaffiliated voters could vote only on the State ballot propositions. Who Can Hold Office?
No recommendations for this finding
F12
Elected Offices: A candidate’s application must state their residence address, which is verified through the county clerk’s office as their domicile. A candidate must be a registered voter in the district for which they are running. In some cases, there is a residency requirement greater than the 15-day minimum to register in a given precinct. For example, a candidate for County Supervisor must reside in the precinct for 30 days prior to filing the application for candidacy.
No recommendations for this finding
F13
There are candidate filing requirements aside from residency specific to each office. The Registrar’s office prepares a candidate’s handbook for each election with all of the requirements.
No recommendations for this finding
F14
Appointed Offices: The appointing power determines the requirements for office. Generally, appointed officeholders with discretionary authority must be residents of the district in which they serve. Residency requirements are less common for appointees who serve only in a consulting or advisory capacity.
No recommendations for this finding
F15
If, after election or appointment, an official moves their domicile out of the representation area, Government Code §1770 specifies that the office shall be considered vacant.
No recommendations for this finding
F16
In the case of elected school officials, Education Code §5091(a) provides that whenever a vacancy occurs whether by resignation, or by the official leaving the district, the district’s governing board must within 60 days of the vacancy order an election or make a provisional appointment to fill the vacancy. Voting: Who, Where, When, and How
No recommendations for this finding
F17
Vote-by-Mail: Historically Absentee Ballots were reserved for voters who were unable to get to their precinct polling place on Election Day. In 2007, AB1243 officially changed the name “Absentee Ballot” to “Vote-by-Mail Ballot.” Increasingly, voters are encouraged to vote by mail rather than in person.
No recommendations for this finding
F18
While any registered voter may Vote-by-Mail in California, in many precincts they are required to do so: • If a polling place has less than 250 or more than 1000 registered voters, the voters are automatically put on the Vote-by-Mail list. • If a precinct’s polling place cannot accommodate disabled voters, the precinct will either be consolidated with a nearby precinct that is accessible to the disabled or switched to Vote-by-Mail. • Shortage of trained precinct poll workers may also cause a precinct to be switched to Vote-by-Mail.
No recommendations for this finding
F19
In the 2008 presidential primary election, 201 of Mendocino County’s 235 precincts were Vote-by-Mail.
No recommendations for this finding
F20
To vote by mail, you must apply to your county elections office for a Vote-by- Mail Ballot at least seven days before Election Day. You can use the form on the Sample Ballot booklet you receive in the mail or send your request in writing to your county elections office. If you reside in a designated Vote-by- Mail precinct you automatically receive your ballot by mail.
No recommendations for this finding
F21
Currently in Mendocino County 34,074 of 46,102 (74%) of the registered voters are Vote-by-Mail. This is consistent with the statewide trend to Vote- by-Mail especially in rural counties. The counties of Alpine and Sierra in California, have switched 100 percent of their voters to mail-in ballots. The state of Oregon has been using only mail-in ballots since 1998.
No recommendations for this finding
F22
After processing your Vote-by-Mail application, the proper ballot type will be sent to you. You mark your choices on the ballot, put it into the official envelope provided and seal it. Place the proper postage on the envelope and sign the outside of the envelope where directed.
No recommendations for this finding
F23
You may return the Vote-by-Mail ballot by: • mailing through U.S. Postal Service to the Mendocino County Elections office; • delivering in person to elections office within your county; or on election day to any polling place. • authorizing an allowable third party to deliver the ballot to any polling place within the County or to the County Elections Office. The authorized third party may be your spouse, child, parent, grandparent, grandchild, brother, sister, or a person residing in the same household as you. Your authorization must be in writing and signed by you.
No recommendations for this finding
F24
Voting in Person: Upon entry to the polling place, the voter’s name is checked against the precinct’s rolls and the voter signs the list.
No recommendations for this finding
F25
If the voter requires assistance, EC §14282(a) requires that the voter may, upon arrival at a polling place, make a sworn statement that they are unable to mark the ballot without assistance. Election officials will then allow the voter to designate up to two persons to assist them in voting. The designated assistants may not be the voter’s employer or agent of the employer nor an officer or agent of the union of which the voter is a member.
No recommendations for this finding
F26
If the polling place is inaccessible to a physically handicapped voter, EC §14282(c) provides that, the voter may vote in an accessible location as near as possible to the polling place. A precinct board member shall take a regular ballot to that person, qualify that person to vote, and return the voted ballot to the polling place.
No recommendations for this finding
F27
Mendocino County still uses paper ballots. Electronic machines are available for use by disabled voters or others upon request. Every polling place has a voting machine.
No recommendations for this finding
F28
On Election Day, if the voter is in line before the polls close, they have the right to cast their ballot.
No recommendations for this finding
F29
The voter who makes a mistake or spoils their ballot, has the right prior to casting the ballot to exchange the spoiled ballot for a new one.
No recommendations for this finding
F30
If voter’s name does not appear on the voting rolls, the voter has the right to cast a provisional ballot.
No recommendations for this finding
F31
When a voter checks in at the polling place to cast their ballot, a poll worker may challenge the voter’s eligibility. Only a poll worker can make the challenge--not a poll watcher or voter.
No recommendations for this finding
F32
If challenged, the voter will be allowed to cast their ballot, but the challenge will be noted on the roll, the voter given a provisional ballot which will be placed in a sealed, signed provisional ballot envelope for later review by the Registrar.
No recommendations for this finding
F33
Suspected illegal or fraudulent activity may be reported to any local elections official or to the Secretary of State’s Office. Does Every Vote Count?
No recommendations for this finding
F34
Processing Mail-In Votes: When a completed Vote-by-Mail ballot is received in the County Elections Office, it is date stamped and scanned in using the bar code on the return envelope. The signature on the Vote-by-Mail ballot’s return envelope will be compared to the signature on the voter registration card to determine that it was completed by the authorized voter. To preserve the secrecy of the ballot, after signature has been verified, the ballot is separated from the envelope so that the ballot becomes anonymous.
No recommendations for this finding
F35
The verification process is labor intensive and requires ample space for the election workers and the voting materials. Each step of the verification process is conducted by two employees of the Registrar’s office. At election time, the Registrar borrows County employees from other departments and hires temporary help on an hourly basis to help process ballots.
No recommendations for this finding
F36
While Mendocino County has sufficient staff to process mail-in ballots, the workspace is cramped and the secured storage space is limited.
No recommendations for this finding
F37
Avoidable reasons for disqualification of a Vote-by-Mail ballot: • No Signature: Vote-by-mail ballots that do not have a valid signature on the return envelope are not counted. • Wrong Signature: The signature on the return envelope of vote-by-mail ballots is compared with the signature on file. If the signatures do not match, the ballot will not be counted. If a voter’s signature has changed, the voter may request a new registration form to update their signature. Such update must be completed by the registration deadline for the election. • Delivery without Authorization: If the voter wishes to designate an allowable third party to return the voter’s completed ballot on Election Day, the voter must designate the third party in writing and sign the authorization on the return envelope. Eligible designees are: spouse, child, parent, grandparent, grandchild, brother, sister or person residing in the same household as the voter. Without the proper authorization, the ballot will not be counted. • Delivery after Deadline: Any vote-by-mail ballot, whether submitted by mail or in person, that is received by the elections office or polling place within the county after 8 PM on Election Day will not be counted.
No recommendations for this finding
F38
If a mail-in ballot is rejected because of no signature or signature that doesn’t match the registration, the registered voter is notified by letter and may request a new ballot at least seven days prior to election. The rejected ballot is not opened, but put into a tray which is color coded by precinct.
No recommendations for this finding
F39
Valid ballots are also sorted into trays by precinct. The trays are put into locked storage to await processing through the counting machine. The availability of secure storage for election materials is limited. Counting of mail-in ballots may begin seven days prior to Election Day.
No recommendations for this finding
F40
Registered voters may go on-line to the County Registrar’s website prior to Election Day to check whether their Vote-by-Mail ballot has been received.
No recommendations for this finding
F41
In Mendocino County’s 2008 presidential primary, nearly 18% percent of Vote-by-Mail voters waited until Election Day to turn their ballots in at polling places. Because of the verification process required on mail-in ballots, those received on Election Day are set aside for later processing to allow the tallying of ballots coming in from the precincts.
No recommendations for this finding
F42
Processing on Election Day: After the polls close on Election Day, the Registrar’s Office sends out teams to pick up the ballots and voting machines from each polling place within the County. Some polling places cover more than one precinct. Upon arrival at the Registrar’s Office the ballots and electronic machines are checked in, verifying that all ballots issued are accounted for as having been voted, damaged or unused. The voted ballots are grouped by precinct and scanned. The scanning process creates a paper tape record and an electronic record. Any un-scannable ballots are set aside to be processed by hand by at least two election officials. The entire counting process takes place in a secure room with large plate glass windows through which members of the press and the general public may observe. The counting room is crowded with machines, election workers and stacks of ballot boxes.
No recommendations for this finding
F43
After the in-person votes have been tallied, the Elections Office returns to the mail-in votes that remain to be counted. In the 2008 presidential primary, 4,023 of 22,508 (almost one-fifth of the total) mail-in votes were submitted on Election Day.
No recommendations for this finding
F44
Processing of Provisional Ballots: Once the mail-in votes have been processed, the Registrar turns to the provisional ballots. Provisional ballots are issued whenever a voter: • is not on the rolls, • is not at their designated polling place, • is not able to establish their identity.
No recommendations for this finding
F45
In the 2008 presidential primary, the Elections Office received 607 provisional ballots, which had to be processed manually. Of those received, 52 were rejected after review by the Registrar. As in the case of Vote-by-Mail ballots, the voter signature on the provisional ballot envelope is checked against the Registrar’s database to verify the identity and eligibility of the voter before the ballot is opened and counted.
No recommendations for this finding
F46
Certification of the Election Results: The Registrar has a total of 28 days to complete the canvas of all ballots whether cast in person, by mail, or on a provisional ballot. The certified results are filed with the Secretary of State and are published.
No recommendations for this finding
F47
The Registrar’s Office is required to secure and retain all voted ballots for a period of 22 months after a general election, for six months after a local election. The security and retention requirements imposed by the Secretary of State severely reduce the workspace available for the other activities of the Registrar’s Office.
No recommendations for this finding
F48
Enforcement Protections against Fraud: When registering to vote or when filing to be a candidate for office, the party declares under penalty of perjury that the information on the application is true. The Registrar’s office will turn suspected cases of fraud over to the Sheriff, District Attorney’s office, or any other affected agency. The Registrar is not the enforcing authority.
No recommendations for this finding
F49
A private citizen may report suspected illegal or fraudulent activity to any local elections official or to the Secretary of State’s Office and may also pursue it through civil court.
No recommendations for this finding

Comments 1

Agency Responses 5

Government agencies' official responses to this report's findings and recommendations. Click on a response to see the structured breakdown.