No Voter Fraud Here:

Note: Missing finding numbers detected: F4

Conclusions 1

• CL1
  The Grand Jury found that the Orange County ROV operations assure that the right to vote is protected for county citizens, with effective mechanisms in place to prevent fraud. Allegations of voter fraud, vote rigging and illegal voters casting ballots have been found to be without merit in Orange County. The ROV continues to take a very proactive approach to improving the voting process for the citizens of Orange County. Training, implementation and follow-up are all in compliance with California Election Code and are attended to diligently. By being the first county in the State of California to use the new tools provided by SB450, the ROV has used the 2016-2017 Orange County Grand Jury Page 11 No Voter Fraud Here: The Transparent Election Process 2016 General Election as a test case for the use of Voting Service Centers and these centers will likely be the future of voting in Orange County.

Commendations 3

• CM1
  Mission Viejo City Hall 200 Civic Center, Mission Viejo, CA 92691 (this site also provided drive through VBM ballot drop-off) Surveyed on November 3, 2016, the Grand Jury team observed clear identification of the polling site and entrance location. Members were greeted and good customer relations were noted. A Coordinator from the ROV was on site helping poll workers. This site had 22 e-slates, and at the time of the survey voters were proceeding smoothly through the official table and the voting process, with an average voting time of less than 8 minutes. This site processed 852 voters on November 5th, 894 on the 6th, and 749 on the 7th for a total of almost 2,500 early voters in this three day period. Per procedures, a series of questions were asked of those requesting to vote. Inquiries by panel members about the JBC Chain of Custody prompted minor corrective action by poll workers. Bilingual voter assistance was available.
• CM2
  Orange County ROV Office 1300 S. Grand Avenue, Building C, Santa Ana, CA 92705 (this site also provided drive through VBM ballot drop-off) Surveyed on November 4th, 2016, the following observations were made: The site had easy access, poll workers were clearly identified and the drive through VBM ballot drop-off site had a secure container for ballots. Replacement ballots were printed upon demand. Six additional e- slate voting tablets were added the day before due to long wait times for voters, bringing the total number of e-slates to 11. All elements of validation of voter eligibility and timely processing were addressed. Voter assistance included Spanish and Vietnamese language poll workers. Accommodations were provided for voters with disabilities, and personal assistance was available if requested. Almost 8,700 early voters were processed at the ROV while serving as a Voting Service Center. 2016-2017 Orange County Grand Jury Page 6 No Voter Fraud Here: The Transparent Election Process
• CM3
  Anaheim Civic Center 200 S. Anaheim Boulevard #217, Anaheim, CA 92805 Surveyed on November 7th, this Voting Service Center, located in the same building as Anaheim City Hall, was extremely crowded with a line of voters waiting almost one hour to proceed to the official table to sign in. The room contained 20 e-slates and five voting booths for paper ballots. Two City of Anaheim employees provided additional assistance, directing voters in support of five ROV employees. Accommodations were in place for voters with disabilities. This location processed 548 ballots on the November 5th, 603 on the 6th, and 741 on the 7th. Ballots were properly secured and the voter eligibility process followed proper procedure. One voter was directed to proceed to the county in which he was registered. There is no agreement between counties to forward provisional ballots across county lines. One comment from a voter and a survey observation was that the illumination in the room was poor. Also, one poll worker did not have proper identification in the form of a badge created by the ROV for poll workers, simply because it had broken during the day. The Voting Service Centers were observed as part of the total 2016 Election operations and provided the Grand Jury with information about how the new voting model may be implemented in the 2018 mid-term election. (See Appendix B.) Election Day Polling Place Observations To effect uniform observations of all polling sites, the Grand Jury developed a comprehensive checklist with input from the ROV, establishing seven areas of focus. This checklist was used by Grand Jury members for their Election Day observations. (See Appendix C.) On Election Day, the Grand Jury conducted polling site surveys of 39 polling sites representing 57 precincts and 15 cities. The areas evaluated were the following:  Polling Site Early Set-up  Polling Site Opening & First Voter  Validation of Voter Eligibility & Timely Processing  Voter Assistance and Clarification of Questions  Ballot Security  Handling of Provisional and Paper Ballots  Polling Site Close and Initial Talley Polling sites were observed before they opened to voting to evaluate polling place set-up and readiness. While a few minor kinks were observed in opening day setup, virtually all polling sites were well prepared and had the required signage for disabled voters, signage at the main entrance point, and updated copies of the street index displayed outside the polling site. Observers tracked polling site management, voter processing time, validation of voter identification, and voter assistance. Voting times varied throughout the day from eight minutes to as long as 80 minutes during the peak voting times from 5:00 p.m. until poll closing at 8:00 p.m. Inspectors of Elections were, on the whole, professional and adequately handled voters’ 2016-2017 Orange County Grand Jury Page 7 No Voter Fraud Here: The Transparent Election Process questions. Language assistance was observed at several sites, matching the voting population in the precinct. Poll workers were observed wearing badges indicating they spoke other languages. Outside observers were noted at one polling site, but there were no indications of voter intimidation or electioneering. Spoiled ballots were marked with large X’s on both sides. VBM ballots were properly validated and dropped off. Security seals on e-slates and the JBCs were checked on schedule by an Inspector of Elections as required by procedure, with a few polling sites prompted by Grand Jury queries to sign the Chain of Custody document that notes inspections at designated times. Polling site closures were smooth, with voters in-line at the polling place at 8:00 p.m. allowed to complete voting. Once the polling sites were clear of the last voter, the ballot box was unsealed and ballots were organized and secured. Ballot and JBC security was maintained during this process. Provisional Ballot/Paper Ballot Observations Polling sites located in neighborhoods with large apartment complexes nearby processed large numbers of provisional ballots due to the transitory nature of the residents. Voter rosters and street indexes were checked before providing a provisional ballot, as required by procedure. Provisional access codes and completed provisional ballots were handled correctly, and a receipt was provided to provisional voters as required. Vote Tally Processing Polling site materials began arriving at the ROV offices shortly after 9:00 p.m. Election process required that JBCs be driven from polling sites to a collection point, with the JBC in the Inspector’s vehicle, while another poll worker followed in their personal vehicle. Once at the collection point, the JBCs were under the protection of the Orange County Sheriff, who accompanied vans loaded with JBCs to the ROV offices for electronic vote tally. Public observers wishing to witness the tally process signed in and passed through a security check point. Sheriff’s officers stood guard as JBCs were unloaded onto a conveyer, opened in a secure space and one designated person removed the chip with the electronic vote information. Chips were consolidated, placed in a small cylinder, and sent via a vacuum line to the secure tabulation room where they were plugged into a computer and the contents downloaded. The process was available for the public to view in real time through the Registrar’s web site. Post-Election Day 1% Audit of Paper and Electronic Ballots Cross checks of a representative selection of the paper tape print-outs of electronic ballots against the actual electronic ballots are used to confirm the ballot count and represent the exact tabulation of all voters’ selections. These audits consist of worker teams reading paper and electronic ballots from a statistically selected 1% of Orange County precincts and tabulating the data into pre-printed tally sheets. The Voter-Verified Paper Audit Trail ballot is a parallel 2016-2017 Orange County Grand Jury Page 8 No Voter Fraud Here: The Transparent Election Process printout of the electronic e-slate ballot. Once the hand tally is completed, the final number is compared to the electronic tally. This process was mandated 51 years ago and is required by California Elections Code, Section 15360 (California Government, n.d.). This year the 1% sample covered 77 precincts and required 70 people working 12 hour days, representing over 6,000 man-hours. Election Debrief January 2017 After the certification of election results to the California Secretary of State, the ROV takes a very proactive position in reviewing every process, with an eye on improving the next election. Representatives of all units within the Registrar’s office participated in this debriefing with the goal of incorporating observations into action items. The review covered all aspects of the voting process from candidate filing, voting by mail, and ballot quality control, to polling place recruitment, the new pilot vote centers, and election night operations. Given the diversity of voters in Orange County and the language groups represented, a crucial aspect of ballot preparation is the translation of candidate statements and ballot measures into clear and concise Spanish, Vietnamese, Chinese, and Korean. This is required by Section 203 of the Federal Voting Rights Act. Section 14201 of the California Elections Code requires that a facsimile ballot shall be posted in other languages as determined by the Secretary of State. The preparation of ballots in the various language groups was discussed at length during the debriefing. The January 2017 debriefing of the 2016 General Election included a forum where issues of staffing and access to the pilot Voting Service Centers were raised. For this election, the Orange County ROV made every effort to mimic the legislation of SB450, as Orange County was the only county in the state to test Voting Service Centers. An item discussed during the debriefing was facilitating implementation, since these voting centers need to have large rooms with easy access that can be open for a ten day period for 28 sites, as well as four days for an additional 140 sites. (See Appendix B.) Election codes require sites be Americans with Disabilities Act (ADA) compliant, support technical needs, and provide space and consistency for the voting period. Staffing will also change for elections using Voting Service Centers, from 7,500 volunteers for the 2016 General Election to a smaller pool of short-term employees needed to manage voter turnout, which is expected to range from 10,000 to 50,000 per site. Issues of logistics for supplies and Chain of Custody for ballots and electronic equipment were also discussed. The Future of Voting In July 2015, the State of California began a roll-out of a single, uniform centralized voter registration database called the VoteCal Project. Beginning with Orange and Sacramento Counties, this process was completed in March 2016 to bring the State into compliance with the Help America Vote Act of 2002. Orange County was one of the first counties involved in the implementation of this new system and quickly uncovered 460 voters who had duplicate registration records in Orange and Sacramento counties (Myers, 2016). The ROV, in the normal 2016-2017 Orange County Grand Jury Page 9 No Voter Fraud Here: The Transparent Election Process course of business, is constantly updating registration records. This process takes time, but there are other checks already in place to ensure voters do not vote more than once, such as address verification on Election Day. With its completion, this new system connects all 58 county Election Management Systems with each other, as well as with other state agencies that provide information on the 19.4 million registered voters in the state. By connecting to the California Department of Corrections and Rehabilitation, persons with felonies are removed from registration rolls. Data from the California Department of Public Health provides a timely way to remove voters who are deceased, as well as block those seeking to register under the name of a deceased person. The California Employment Development Department and the California Department of Motor Vehicles update addresses and provide a way to update voter registrations (California Secretary of State, 2016). The ROV interfaces with the Multi-State Information Sharing and Analysis Center, the Department of Homeland Security (DHS), and the Federal Bureau of Investigation (FBI). Prior to the election ROV received flash reports and kept in close contact with the FBI and DHS as part of DHS’s Cybersecurity Team. Testing of the ROV data system was conducted by a vendor prior to the election. Electronic Voter Registration data bases in Arizona and Illinois were hacked in July 2016, compromising personal voter records but not threatening the election process (Tribune News Services, 2016). To protect voter registration data, the Orange County ROV maintains their own parallel data base for Orange County’s registered voters, which is updated daily. Should the State system go down or be impacted by outside agencies, the parallel system in Orange County is protected with independent servers under the ROV’s control that are not connected externally. This redundant system provides security of the voter registration database. With passage of SB450 in August 2016, all registered voters in the state will receive a VBM ballot and local precincts will be eliminated, replaced by “voter service centers” located close to where people work, shop, or congregate. This model will also provide a ten day window for voters to either drop off their VBM ballots, or go to a vote center and cast an electronic ballot. With the new statewide registered voter database, a person living in Yorba Linda can go to a voting center in San Clemente, prove that they are a registered voter in Orange County and be provided with a ballot that includes elected offices and issues that are specific to the community and precinct where they live in the language they prefer. This model has been used in Colorado since 2014, with a significant increase in voter turnout. Since voter turnout in California ranked 43rd among the 50 states and the District of Columbia in 2014, these two new voting tools could have an impact on increasing voter turnout (Senate District 26, 2017). The six Orange County Voting Service Centers used during the 2016 General Election could be considered a beta test for the new voting system. SB450 permits 14 counties to opt in to the new system beginning in 2018, with Orange County one of the first to implement this new process. The key elements of SB450 and the impact on voters in Orange County are:  Every eligible voter will receive a mailed ballot 29 days before Election Day. 2016-2017 Orange County Grand Jury Page 10 No Voter Fraud Here: The Transparent Election Process  The in-person voting option is available for 10 days.  28 vote centers will be open for 10 days (1 for every 50,000 Registered Voters).  140 vote centers will be open for 4 days (1 for every 10,000 Registered Voters).  93 secure drop off locations in the County (1 for every 15,000 Registered Voters).  Orange County is listed in the bill as having an option in 2018 to use Voting Service Centers. Pilot Voting Service Centers located in Anaheim, Costa Mesa, Irvine, Mission Viejo, Westminster, and the ROV offices in Santa Ana provided a new way for registered voters in Orange County to cast a ballot during the General Election of 2016. With the passage of SB450, these Voting Service Centers are models of what voting will look like in the near future for some California counties. Prior to the first full countywide implementation of Voting Service Centers, the ROV will begin a massive outreach program to Orange County residents clearly explaining how this new voting process will function. While the state requires at least two informational mailings on the new process, the ROV is planning on as many as ten to ensure that information is widely disseminated and understood. With approximately 60% of votes cast in Orange County by mail, using Voting Service Centers represents a significant behavior change for many Orange County residents. One way the ROV hopes to face these challenges and promote change is through their outreach program, clearly defining the numerous advantages that Voting Service Centers provide. These include:  Polling will be more convenient and open for a longer period of time.  Reducing the number of polling places lowers the cost of elections and increases efficiency.  Adding additional ballot drop off locations makes it easier for voters,  Voting Service Centers will be staffed by paid employees, not volunteer poll workers, providing more control of each polling site and improving efficiency.  The number of provisional ballots will be reduced, and almost eliminated, with the only exception being those who register the same day as they vote.  Larger voting sites will make it easier to provide easy access and ensure compliance with ADA standards.  Increasing voter turnout.

Agency Responses 1

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