Mendocino County Grand Jury Report This Page

Several 2019-2020 jury reports do not effectively solicit timelines for implementation from respondents through the report recommendations, leading some respondents and their legal advisors to draft responses out of compliance with §933.05(b) of the CPC.

Responses from the BOS and CEO on the Emergency Communication System report are in conflict. This poses a challenge to public confidence in the County’s commitment to upgrading and maintaining the ECS. Reports issued by the Grand Jury do not identify individuals interviewed. Penal Code § 929 requires that reports of the Grand Jury not contain the name of any person or facts leading to the identity of any person who provides information to the Grand Jury. APPENDIX: § 933 Comments and Reports on Grand Jury Recommendations. (a) Each grand jury shall submit to the presiding judge of the superior court a final report of its findings and recommendations that pertain to county government matters during the fiscal or calendar year. Final reports on any appropriate subject may be submitted to the presiding judge of the superior court at any time during the term of service of a grand jury. A final report may be submitted for comment to responsible officers, agencies, or departments, including the county board of supervisors, when applicable, upon finding of the presiding judge that the report is in compliance with this title. For 45 days after the end of the term, the foreperson and his or her designees shall, upon reasonable notice, be available to clarify the recommendations of the report. (b) One copy of each final report, together with the responses thereto, found to be in compliance with this title shall be placed on file with the county clerk and remain on file in the office of the county clerk. The county clerk shall immediately forward a true copy of the report and the responses to the State Archivist who shall retain that report and all responses in perpetuity. (c) No later than 90 days after the grand jury submits a final report on the operations of any public agency subject to its reviewing authority, the governing body of the public agency shall comment to the presiding judge of the superior court on the findings and recommendations pertaining to matters .1 shall comment within 60 days to the presiding judge of the superior court, with an information copy sent to the board of supervisors, on the findings and recommendations pertaining to matters under the control of that county officer or agency head and any agency or agencies which that officer or agency head supervises or controls. In any city and county, the mayor shall also comment on the findings and recommendations. All of these comments and reports shall forthwith be submitted to the presiding judge of the superior court who impaneled the grand jury. A copy of all responses to grand jury reports shall be placed on file with the clerk of the public agency and the office of the county clerk, or the mayor when applicable, and shall remain on file in those offices. One copy shall be placed on file with the applicable grand jury final report by, and in the control of the currently impaneled grand jury, where it shall be maintained for a minimum of five years. (d) As used in this section "agency" includes a department. § 933.05 Response to Grand Jury Recommendations-Content Requirements; Personal Appearance by Responding Party; Grand Jury Report to Affected Agency… (b) For purposes of subdivision (b) of § 933, as to each grand jury recommendation, the responding per- son or entity shall report one of the following actions: (1) The recommendation has been implemented, with a summary regarding the implemented action. (2) The recommendation has not yet been implemented, but will be implemented in the future, with a timeframe for implementation. (3) The recommendation requires further analysis, with an explanation and the scope and parameters of an analysis or study, and a timeframe for the matter to be prepared for discussion by the officer or head of the agency or department being investigated or reviewed, including the governing body of the public agency when applicable. This timeframe shall not exceed six months from the date of publication of the grand jury report. (4) The recommendation will not be implemented because it is not warranted or is not reasonable, with an explanation therefore. (c) However, if a finding or recommendation of the grand jury addresses budgetary or personnel matters of a county agency or department headed by an elected officer, both the agency or department head and the board of supervisors shall respond if requested by the grand jury, but the response of the board of supervisors shall address only those budgetary or personnel matters over which it has some decision making authority. The response of the elected agency or department head shall address all aspects of the findings or recommendations affecting his or her agency or department. (d) A grand jury may request a subject person or entity to come before the grand jury for the purpose of reading and discussing the findings of the grand jury report that relates to that person or entity in or- der to verify the accuracy of the findings prior to their release. (e) During the investigation, the grand jury shall meet with the subject of that investigation regarding the investigation, unless the court, either on its own determination or upon request of the foreperson of the grand jury, determines that such a meeting would be detrimental. (f) A grand jury shall provide to the affected agency a copy of the portion of the grand jury report relating to that person or entity two working days prior to its public release and after the approval of the presiding judge. No officer, agency, department, or governing body of a public agency shall disclose any contents of the report prior to the public release of the final report. , 2021 SUMMARY Concerns were raised regarding All-Mail-in-Ballots (AMB) for the November 2020 election. California’s Governor’s Executive Order N-64-20 mandated all registered voters would receive a mail-in ballot. This order did not limit opportunities for in-person voting. The Grand Jury (GJ) investigated the impact of AMB distribution and operations of Mendocino County’s Elections Office for the November 2020 election. The GJ further explored the status of Mendocino County’s participation in the Voters Choice Act of 2016 (VCA) and the computer systems installed for the 2020 Primary and General elections. The GJ concluded that the citizens of Mendocino County may continue to rely on the election results reported by the Elections Office of Mendocino County to assure accurate vote tallies. The impact of the California Governor’s Executive Order on the workload for the local county Elections Office staff and volunteers was essentially unchanged from prior elections. BACKGROUND Due to the outbreak of COVID-19, California Governor’s Executive Order N-64-20 mandated that all registered voters would receive a ballot by mail for the November 3, 2020 General Election. Prior to this Executive Order, mail-in ballots were only provided to those voters requesting permanent or temporary absentee status. The Executive Order did not limit in-person voting. All mail-in-balloting opened several questions for County citizens: • Can a voter still vote in person at their assigned precinct? • Will the mail-in-vote be counted? • Will the completed ballot arrive safely? • Can the ballot be tracked through its various stages? • Can voter fraud occur (voting more than once or for others without their consent)? METHODOLOGY The GJ reviewed documents including: • Governor’s Executive Order N-64-20, • California Voter’s Choice Act of 2016 (SB 450), • Senate Bill 207 approved by the Governor on February 13, 2020, • Mendocino County Elections Press Release dated August 28, 2020, • Mendocino County Polling Locations & Ballot Drop Off Locations, Primary Election. Ballots were mailed through the USPS starting October 5, 2020 and ballots should have been received no later than October 15, 2020. The Sample Ballot & Voter Information Pamphlet mailed to all registered voters in the County describes the complete process for requesting replacement ballots, Spanish Language ballots, and disabled voter balloting. Return Service from the USPS is requested for mailings from the Elections Office to registered voters. It is illegal for voter materials to be forwarded to a new address by the USPS. Returned materials indicate that the voter no longer resides at that mailing address, so the Elections Office inactivates that voter from the roll. If the voter chooses to vote in person, they will receive a provisional ballot which is processed according to standard procedures of the Elections Office. The County has been proactive in requesting voters to update their signatures if they believe they may have changed from when the voter last registered. This should assure that the Elections Office has the most recent signature on file which are used for comparison to those on the ballot envelope. Based on the procedures described by the Elections Office, the GJ concluded that the roll of registered voters is maintained accurately. Voters could track the status of their mail-in ballots using California’s BallotTrax system which provides the location via email, text, and voice options. Voters could sign-up at: http://wheresmyballot.sos.ca.gov/ Figure 1: Home page http://wheresmyballot.sos.ca.gov/ How are ballots returned? Completed ballots could have been returned by depositing in a regular USPS collections box (postage is prepaid), in one of the six County Drop-off boxes, or returned to a polling place. , the County Clerk publicly encouraged voters to return their completed mail-in ballots by USPS mail or by the County’s Drop-off boxes whenever possible. Ballots delivered in drop-off boxes were collected daily by two designated individuals sworn to the Constitutional oath required of election officials, such as City Clerks and City Managers. Ballots were logged and securely transported to the Elections Office on Low Gap Road in Ukiah on a regular basis. The County Clerk’s Office followed recommended health guidelines to prevent the spread of COVID-19 at polling places. • Voters and poll workers were required to wear masks while indoors, • occupancy was limited and controlled, • social distancing was strictly enforced maintain six-foot distances, • disinfectants, hand sanitizer, wipes, masks, and single-use pens were made available at all polling locations. To address concerns of voter intimidation or other suppression of basic voting rights, the Elections Office and Sheriff’s Office coordinated their efforts to ensure that all patrol routes had coverage on November 3 with special attention given to routes with polling locations. Although this had been standard practice in past elections, the 2020 effort included town hall announcements and a press release published on Facebook to publicize the allocation of personnel to encourage civic engagement. How are ballots processed in the Elections Office? Ballots received by USPS mail and those delivered to drop-off boxes supplied by the County were processed by elections staff of at least two people working together for internal control beginning October 29, 2020 and continuing until all of the ballots were tabulated. Mail-in ballots must have been postmarked no later than November 3 and received at the County Elections Office by midnight on November 20, 2020. Election related materials returned by USPS are processed along with all other mail that is addressed to Mendocino County’s Administrative Offices at 501 Low Gap Road, Ukiah, CA 95482. The assigned Mail Clerk sorts the mail by the addressed room number and delivers mailed-in ballots to the Elections Office daily. The Mail Clerk(s) are presently not all sworn to the Constitutional oath as elections workers are required to be. Ballots are processed following established workflows and controls used for prior elections. The process was expected to flow efficiently if the ballot is properly marked and signed per the informative guidelines in the Voter Information Pamphlet and the ballot envelope instruction. Other observations of the Grand Jury: Election processing efficiency and productivity is diminished due to issues related to voter requests for replacement ballots. An estimated 80-90% of replacement ballots were not required in previous elections, as the original mailed ballots were used. When a replacement ballot is :2000 level after an audit by Underwriter Laboratories and provides rapid support of its systems if any issues develop during the election cycle. The Verity hardware is not connected to any network (internet) service and is physically locked to prevent unauthorized access. Much of this equipment was first used for the March 2020 Primary Election. Equipment is stored in climate- controlled locations at 501 Low Gap that have security monitoring systems and controlled access. Non-tabulation election materials reportedly sustained damaged during relocation to a new site after the March 2020 election. Election officials are now required to obtain access to this site through another County department, rather than having the ability to access and assess the condition of the equipment as part of their normal job routine. Equipment used at polling sites – excluding tabulation equipment which is maintained in a locked and alarmed location – was relocated to another storage facility without advance notice to the Elections Office. In the 2016 General Election, only 76% of registered voters in Mendocino County exercised their right to vote. Although this is higher than the national average of 55%, the Elections Office encouraged all voters to have their voices heard. In the 2020 General Election, 82% of registered voters in our County exercised their right to vote, representing an increase over the prior 2016 General Election of 16 % points. The turnout was 70% of the total of those in Mendocino eligible to vote. Both percentages compare similarly with those of the State’s overall totals with 81% of those registered voting and 71% of those eligible voting. For the March 2020 Primary Election, 29,603 ballots were submitted and of those 29,527 were tabulated (99.74%). Of the submitted ballots, 76 could not be counted even after attempts by the Elections Office to contact the voter: • 25 lacked a voter’s signature on the mail-in envelope (0.08%), • 51 had voter signatures that did not match registration signatures (0.17%). As of November 3, 2020 there were 53,651 registered voters in Mendocino County. This is an increase of 1,049 from the 52,602 registered voters as of February 18, 2020. For the November 2020 General Election, 44,237 ballots were submitted and of those 44,135 were tabulated (99.77 %). Of the submitted ballots, 92 could not be counted after attempts by the Elections Office to contact the voter to obtain signature corrections: lacked a voter’s signature on the mail-in envelope (0.05%), • 61 had voter signatures that did not match registration signatures (0.14%) • 8 ballots were submitted using ballots from the March, 2020 primary election (0.02%) A total of ten ballots were referred to the District Attorney for further investigation of alleged attempts by voters to vote more than once in the November 2020 election. Based on reports of the California Secretary of State and the Mendocino County Elections Office: • For the November 2020 General Election, of the 53,697 registered voters, 44,135 cast ballots, representing a turnout of 82%. This compares favorably with the overall turnout in California of 81%. Of the cast ballots, 43,801 were from vote-by-mail voters or 99% of ballots, • for the March 2020 Primary Election, of the 52,602 registered voters, 29,527 cast ballots, representing a turnout of 56%. This compares favorably with the overall turnout in California of 47%, • for the 2016 General Election, Mendocino County had 51,061 registered voters with 38,730 casting ballots for a turnout rate of 76%. Of the cast ballots, 32,694 were from vote-by-mail voters or 84% of ballots. For the November 2020 Election, the Elections Office found that the AMB system performed smoothly with no issues identified regarding the integrity of the voting process. Mendocino County’s 250 polling places facilitated submission of 1,544 provisional ballots (which are tabulated as absentee and processed last), 283 conditional ballots (for same day registrations) and 334 ballots for those who elected to not use their VBM ballots (polling place ballots). Polling places are considered essential as they encourage all eligible voters to cast their ballots. The GJ investigated and assessed if the VCA should apply to Mendocino County’s elections. The VCA, adopted by 15 of California’s counties as illustrated on the side diagram, allows voters to choose how, when, and where to cast their ballots by: • Mailing all voters a ballot, • expanding in-person early voting, • allowing voters to cast a ballot at any voting center (e.g., polling place) within their county. The County of Mendocino is among the 43 mainly rural counties not participating in the VCA due to difficulty in recruiting staff for its mandated additional early voting requirements, Figure 2: Counties participating in the VCA ,000 to $10,000 dependent on the violated statute of the California Elections Code Division 18 Penal Provisions 18000 -18700. What was new in the November 2020 General Election? Previous General Elections: General Election November 2020: Who receives Voters who requested absentee All registered voters will receive a mail-in ballots in ballots as temporary or permanent mail-in ballot. advance of the absentee voters. election? How were mail-in USPS or delivered to a polling By USPS, deposited in a County ballots returned? location. drop-off box at selected locations or delivered to a polling location. Could a voter vote Controls were in place to prevent Controls are in place to prevent illegally (for illegal voting. Persons committing illegal voting. Persons committing example, more voter fraud will be prosecuted to the voter fraud will be prosecuted to the than once)? fullest extent of the law as a felony. fullest extent of the law as a felony. Preliminary Results for the November 3, 2020 General Election The Secretary of State will certify all election results on December 11, 2020. As of the date of this report the official results of ballots counted in Mendocino County. All 38 polling places in the County have reported. Of the 53,651 registered voters in the County, 44,237 ballots were returned and counted. This is 82.45% of all eligible voters. This data is available on the county’s website: https://www.mendocinocounty.org/government/assessor-county-clerk-recorder-elections/current- election-results The Superior Court of Sutter County declared Executive Order N-64-20 unconstitutional as it was a regulation not passed by the Legislature which is Constitutionally mandated to establish Election procedures. The ultimate outcome of this case cannot be determined as of the date of this report. The counties’ implementation for processing the AMB would not be impacted other than a minor reduction in the volume of AMB. -2021 FINDINGS

All employees performing the duties of a mail clerk in the Mendocino County Administration Center are not sworn to the State of California oath found in § 3, Article 20 of the State Constitution which may pose an accountability risk for the internal handling of Election mail.

Voter requests for replacement ballots diminish Elections Office efficiency and productivity due to the reliance on manual processing of replacement ballots.

The ballot count log should be contained in the transport box to mitigate manipulation after sealing the ballot box.

The County does not have a computerized system that automatically compares signatures on ballot return envelopes with digital signatures of registered voters. Voter signatures are manually verified for every mail-in envelope by election staff comparing against signatures stored digitally in the Registrar’s Office resulting in increased labor expense and a higher likelihood of human error.

The County of Mendocino is among the 43 mainly rural counties not participating in the VCA due to difficulty in recruiting staff for its mandated additional early voting requirements and due to insufficient internet coverage and network access in the rural populated parts of Mendocino County which affect voter turnout.

The Elections Office does not have complete oversight of all its stored equipment but retains the full budget liability for replacing damaged equipment. This makes budget planning problematic.

The activation of a Mendocino County Building Trust Fund (In-Lieu fund) would give Mendocino County leverage in encouraging proactive development to meet the county’s needs for infrastructure and housing projects.

Federal and State funding is targeted to urban areas and the BOS does not direct PBS to actively seek mitigations on these restrictions to acquire funding for housing projects when State & Federal funds become available.

As a result of restrictions on the use of local budget monies, Mendocino County’s Native American Tribes may only be invited to the table when discretionary funds for housing are available through Federal sources.

Unlike many modernized California Counties, there are few mechanisms for the public to request most on-line County services or electronically submit forms thus inadequately serving the needs of the public and efficiently processing through County staff.

The County plans to issue an unnecessary and expensive RFP to select an alternative email service to replace GroupWise, when Microsoft email could simply be implemented. The County already licenses all other Office software from Microsoft except for email which is tightly integrated with all other Microsoft products.