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2016 Poll Observation Report of CA Election Procedures

State of California, November 8, 2016

Background

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Election Integrity Project, Inc. (EIP) is a non-partisan, citizen volunteer organization whose mission is
to advocate for fair and honest elections in California. EIP conducts workshops across the state to train
poll observers in the election process consistent with state and federal election law and the
peculiarities of each California county. Observers are trained to document incidents in an evidentiary
manner to support quantification and accuracy of findings for disclosure to elections officials,
legislators and the public.

Overview
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The California Secretary of State sent 39 Observers during the General Election of 2016 to polling
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places throughout California. These Observers were spread out over 49 counties. It is a significant
improvement over the 8 that were sent out to 7 counties in 2012. Nevertheless, 39 people covering 49
counties do not constitute a high level of oversight.

The Secretary of States 2016 Observer Report states, Overall, this election season was conducted
smoothly and with few issuesVoters were served with knowledgeable poll workers, hardworking
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officials, dedicated outreach and education efforts, and third party polling place monitoring programs.
EIP questions whether there was sufficient documentation to draw these conclusions with any
credibility.
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The focus of the SOS observers can be deduced from their resulting report. They noted occasional
issues regarding signage and materials, accessible machines, and polling place inadequacies. They were
mostly complimentary of poll worker recruitment and training, and bi-lingual services. If only 39
observers covering 49 counties discovered enough of the above inadequacies to warrant mention, it
follows then that the issues must have been widespread and omnipresent throughout the state. The
positive spin of the report obfuscates the fact that there is considerable improvement needed.

More importantly, the report lacks any mention at all of whether election law was being followed,
and whether the privacy of voters and the integrity of ballots were being protected. Those topics do not
appear to have been included in the state observers instructions. The focus was on appearance,
superficial procedure and voter convenience (access, parking, provisional voting, lighting, etc.), and
while important, these issues are immaterial if the law is not followed.

2016 Poll Observation Report of CA Election Procedures State of California, November 8, 2016 1
Copyright Election Integrity Project, Inc.
In contrast, on November 8, 2016, Election Integrity Project deployed approximately 1,000 Poll
Observers, as well as an undetermined number of EIP-trained poll workers and Field Support
Representatives to between 1,500 and 2,000 polling places in 15 California CountiesButte, Fresno,
Kern, Los Angeles, Orange, Riverside, Sacramento, San Bernardino, San Diego, Santa Barbara, Shasta,
Solano, Tehama, Tulare and Ventura. Our observers were carefully and thoroughly trained in the
underlying laws that make adherence to certain procedures vital to produce fair and honest elections,
and on Election Day they documented violations of those laws on written forms signed under penalty of
perjury.

This report is an analysis of the 4,324 incidents recorded that day by the EIP Poll Observers who
completed Incident Reports.

Chart A at the end of this report records the violations documented, per county. Chart B records the
number of violations documented in each category. Chart C records violations reported by county per

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sub-category (numbers and letters align with those in Chard D). Chart D expands the information in
Chart B.

Key Findings
1. Insufficient poll worker training:

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EIP Observers documented 3,010 issues apparently reflective of poll worker/supervisor training
insufficiency or the ignoring of training by those officials. This fact highlights the need for more
expert, in-person training of poll workers and field support representatives. Even when the written
poll worker manual contains the correct instructions, poll workers do not receive in-person
instruction adequate to teach them the key laws that they are deputized to follow and enforce, nor
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are they appropriately impressed with the gravity of the oath they take to enforce state and federal
election law for the protection of each voter and ballot. Such training inadequacy likely accounts for
the number of violations.

a. Training of Field Support Representatives and subsequent discharge of their duties


would appear to be insufficientotherwise many observed violations would have been
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corrected long before EIP Observers arrived.

b. Much of the written information in the materials is not supported or even pointed out in the
in-person training sessions.
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c. Even in counties where procedures are, for the most part, instructed correctly in the training
and materials, poll workers are not given the legal underpinnings or rationale for the
procedures. As a result, poll workers appear to believe that they are free to make changes to
make the process easier or more convenient, and at times their changes are unlawful and
diminish the integrity of the votes and the process.

Specific areas of concern include: voter check-in procedure, voting booth set-up for privacy,
voters voting without benefit of booth or compartment, ballot box orientation, voters
conferring or sharing booths without assisted voter oath, unprofessional or inappropriate
behavior by poll workers, and lack of knowledge of provisional and vote-by-mail (VBM)
voting processes. [HAVA violation, EC 12309.5]

2016 Poll Observation Report of CA Election Procedures State of California, November 8, 2016 2
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Approximately 70% of the incidents documented by EIP Poll Observers appear to reflect no
training, or training in opposition to election code. Specific areas include: arrangement of
booths for voter privacy, voters being allowed to vote outside of a booth or compartment,
voters submitting their own ballot, protection for voters against influence/intimidation,
unnecessary and excessive use of provisional ballot option.

Appropriate training of election officials is a prime concern of the Help America Vote Act.
EIP urges the Secretary of State to take a leadership role in requiring counties to rectify
their training to see that poll workers and Field Support Representatives are fully
prepared to follow the mandates of the Election Code.

2. Failure to require and/or repeat voters name and address at check-in:


In a state with no voter ID requirement, a poll workers asking for and audibly repeating the voters
name and address [EC 14216] is one of only two California laws that help prevent voter

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impersonation. EIP has been working diligently with county ROVs since 2012 to increase
adherence to this law. Nonetheless, it continues to be a significant violation, reported 500 times
(note: many of these incidents were recorded once per precinct but in reality had multiple
occurrences; at times, all voters all day). Significant numbers of poll workers continue to ignore this
statute, even when questioned by Poll Observers on Election Day.

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It should be noted that while the training for this procedure has greatly improved in some
counties since 2012, poll workers are still not given the rationale for the law, the powerful
reason why the procedure should be meticulously followed. As a result, poll workers are
more likely to ignore the procedure for their own ideological reasons, or to abandon the
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procedure when the flow of voters increases.

EIP calls upon the Secretary of State to mandate that poll worker training include an
explanation that EC 14216 is designed to deter voter impersonation at the polls and
this is why each step in the statute must be followed meticulously at all times.
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Some counties now post a sign at the polling place entrance or at the sign-in table that reads,
As a deterrent to voter impersonation, ALL voters are required by law to state aloud their
name and address before receiving a ballot. This has been effective in removing any
reluctance on the part of poll workers and in deterring inappropriate responses by voters.
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EIP recommends that the Secretary of State mandate that all counties adopt this
measure in an effort to further improve compliance with this necessary voter
protection.

After stating their name and address, voters are required by EC 14216 to write their name
and address on the roster. Many counties, including the states two most populous counties,
pre-print the voters address in the roster, clearly violating EC 14216 and removing the
second requirement in California statute designed to deter voter impersonation in the
absence of a Voter ID requirement.

EIP calls on the Secretary of State to mandate that counties NOT pre-print the address
field so the voters can enter their address per the requirements of the statute. This is
the only way to give voters the level of protection against voter impersonation that the
law clearly intends.
2016 Poll Observation Report of CA Election Procedures State of California, November 8, 2016 3
Copyright Election Integrity Project, Inc.
3. Booth setup and privacy:
There were 1,232 reported incidents concerning voter privacy rights: 136 were for booths set up
with their openings facing poll workers or other voters (rather than facing a wall), and arranged
with no space in between, which significantly reduced voter privacy; 50 involved voters sharing a
booth without the assisted voter procedure. Lack of clarity in the training materials and failure to
instruct poll workers during the in-person training contribute greatly to these continuing and
egregious violations.

Improper setup and unlawful voting situations should have been corrected during the first
inspections by the Field Support Representatives. The fact that they were not corrected then or
at any other time during the day strongly speaks to the need for more adequate training.

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4. Ballot Box orientation:
There were 28 reported incidents of improper ballot box orientation, with submission slot facing
the voters. There were 392 reports of precincts permitting or requiring voters to submit their own
ballots to the box. Failure to instruct poll workers during the in-person training with regard to EC
14277 and 14293 appears to be the genesis of this growing issue, which not only allows for the

sabotage.

5. Voters voting outside booth: NT


easy submission of illegal ballots but also puts all ballots at risk of inadvertent or intentional
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There were 541 reports of precincts allowing, encouraging or requiring voters to vote at open
tables rather than in booths. Often a communal voting experience was reported, with voters
conferring, conversing and socializing while marking ballots. Observers often reported that there
were empty booths available. The most sacred and significant privilege accorded citizens of a
republic is the right to elect their governmental representatives by casting a SECRET ballot. This
precept should be inviolable, and is in direct conflict with the widespread communal voting
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observed virtually everywhere in the state. Voters ballots were being marked in the open, in plain
view of anyone who cared to look, and often in groups huddled together communicating with one
another. This violation makes a mockery of our electoral process, and opens voters to
intimidation and undue influence.
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Poll workers and Field Support Representatives (and the ROV Hotline representatives) defended
this practice as a way to move voters through the process more quickly.

The SECRET BALLOT due each voter should NEVER be sacrificed in favor of a small increase in
convenience. The observation of ANY law is NEVER at the discretion of the citizen. Laws must be
observed whether the citizen agrees with the law or not. And yet the voter privacy laws were
regularly disregarded for perceived convenience, and the was defended by Precinct
Inspectors, supervisors and hotline attendants with the statement, It should be the decision of
the voter. In the opinion of the Election Integrity Project, allowing voters to vote in the open
was the most serious infraction observed, and makes a mockery of the gravitas required for a
legitimate election.

2016 Poll Observation Report of CA Election Procedures State of California, November 8, 2016 4
Copyright Election Integrity Project, Inc.
6. Assisted Voter Issues:
California laws and procedures offer voters needing physical or language assistance enormous
variety of assistance. The requirement that such voters officially request assistance by means of an
oath is an essential protection for those who would be offered or required to accept unwanted and
unneeded assistance. Allowing voter to share booths or otherwise assist one another without first
requiring the oath is a recipe for voter intimidation. EIP Observers reported 50 precincts violating
the privacy of voters by allowing the sharing of voting booths without proper procedure, thus
removing protection for those most vulnerable.

EIP calls on the Secretary of State to mandate that counties focus a portion of their training
on the necessity of providing assistance to voters whenever needed, but also protecting
those who would be disenfranchised by unneeded and unrequested presence of another
individual while marking their ballot.

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7. Excessive Provisional Ballots Issued:
Although exact numbers were not tabulated, Observers and Precinct Inspectors report that the
number of provisional ballots was unprecedented in their experience. While the provisional ballot
option is vital to protect voters who otherwise would be disenfranchised by clerical error or other
mishap, it is in the best interest of the voter, the system and election integrity to eliminate
unnecessary provisional ballots.

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Many precincts, particularly those located on university and college campuses, were consistently in
violation on the provisional ballot laws, providing provisional ballots to many out of county voters.
Such practice disenfranchises each of those voters by misleading them into casting a ballot that
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cannot legally be counted. All of those voters should have given the opportunity to return to
their home county to cast a vote that would be counted.

EIP calls on the Secretary of State to mandate that poll workers be thoroughly educated as to
the risks and disadvantages of casting an unnecessary provisional ballot so that they will
1) be more likely to assist voters in making a different choice and 2) not be in a position to give
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voters erroneous information regarding voting provisionally.

Precinct Inspectors informed EIP that unprecedented numbers of voters reported not receiving
their mail ballot. Also unprecedented numbers of longtime active voters were reported suddenly
missing from the voter roster, occasioning more provisional ballots cast. A growing number of
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voters are being moved to permanent vote by mail status without their knowledge and without
their permission. Election Integrity Project calls upon state election officials to recognize the
SERIOUS implications of these issues. There is a clear and growing problem involving the
permanent mail ballot list, and such anomalies severely threaten the integrity of peoples votes.

8. Supply issues:
The high voter turnout in this election was widely predicted and should have been adequately
anticipated by election officials. Yet many counties reported insufficient numbers of booths, ballot
boxes, ballots, envelopes and other supplies. Poll workers widely reported that county offices were
unable or unwilling to provide what they lacked when requested. As one San Diego County Field
Support Representative said, There were definite supply problems this election.

2016 Poll Observation Report of CA Election Procedures State of California, November 8, 2016 5
Copyright Election Integrity Project, Inc.
9. Voter roll issues:
One San Diego Field Support Representative reported, About 15 voters who had been registered
for many years in one precinct, and who had not moved or changed their registration, were forced
to vote provisionary (sic) because their names were not found in any section (blue, white or pink) of
the roster. In some cases, other family members were still listed at the address.

Another Field Support Representative reported, Poll workers reported to me that about 10 voters
who had been registered for many years at this precinct, and who had not moved or changed their
registration, were forced to vote provisionally because their names were not found in any section of
the roster.

Precinct Inspectors and Observers report anecdotally that such issues were common. (Election
officials in the June 2016 Primary election officials also reported large numbers of voters whose
party affiliation had been inexplicable changed, or not changed when requested.)

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Election Integrity Project calls upon the Secretary of State to investigate how and why such
large numbers of voter roll anomalies occurred.

10. Poll worker inappropriate or unlawful behavior:

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EIP Observers reported 313 precincts in which poll workers were engaged in inappropriate or
unlawful behavior. Such behavior ranged from rudeness to observers and denial of observer rights
to mishandling/jeopardizing ballots, allowing ineligible voters to vote and much more. Appropriate
training of poll workers may diminish such occurrences, as would supervisors doing their jobs
correctly.
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EIP Observers in some counties were allowed to attend poll worker training. In those counties, we
were able to determine which violations were due to inadequate training, and which were due to
training being ignored. In counties whose training sessions we were unable to attend, such
distinction could not be made.
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11. County Hotline Issues:


EC 2300 and the Voter Bill of Rights contained therein give California voters the right to observe
ALL ASPECTS of the election process, and to bring questions and concerns to the immediate
attention of elections officials.
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In the weeks preceding the November 8, 2017, the EIP team reached out to the Registrars of Voters
in each of the 58 counties of the state of California, requesting from them, and receiving, the proper
Observer Hotline number to use on Election Day.

On Election Day, we received reports from volunteers across the state that county ROVs either did
not answer the hotline number or disconnected the number, thus removing the right to ask
questions to elections officials about election procedures and watch the election process as
enumerated in #9 in the California Voter Bill of Rights. #9 goes on to say, If the person you ask
cannot answer your questions, they must send you to the right person for an answer. Clearly
Californians were denied this key oversight right in many counties.

*SEE ADDENDUM for further


.
2016 Poll Observation Report of CA Election Procedures State of California, November 8, 2016 6
Copyright Election Integrity Project, Inc.
Conclusion:
The primary focus for elections officials statewide, as for the Secretary of States office, is to give
every voter a positive voting experience. This focus is shallow and misguided, and causes trainers
and supervisors to give poll workers the idea that they have far too much discretion and leeway to
do things for convenience, election law notwithstanding.

Poll workers are NOT purely volunteersthey are remunerated and deputized for Election Day to
see that required laws and procedures are enforced. They take and sign an official oath on Election
Day, swearing to uphold the Constitution of the United States and the Constitution and laws of
California. They are, in fact, the ballot police in that they are the only assurance citizens have on
Election Day that their ballot will be treated with the care and respect that it deserves, and not
cancelled out by a vote illegally cast and counted. Poll workers are the only barrier between those
who would manipulate or intimidate voters, and the voters sacred right to cast a ballot under
circumstances of absolute privacy. Too often, poll workers do not understand that awesome

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responsibility or how to carry it out.

When voters are sent to the wrong polls by inaccurately printed sample ballots; when they find that
they are not on the rolls where they should be; when they dont receive their requested mail ballot;
when their registrations are changed without their request or permission to a different party or to

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mail ballot status; and when they see such high numbers of violations of law and procedure while in
the polling place, they are most assuredly NOT having a positive voting experience.

Violations of election law, for whatever reason, ESPECIALLY the widespread abuse of the intent of
the provisional ballot and mail ballot laws, give the public the ILLUSION of voting, rather than the
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REALITY. On November 8, 2016, too many polling places had the atmosphere of a County Fair
rather than the gravitas that should be afforded the most sacred procedure known to humanity.

California has a lot of work to do not only to ensure fair and honest elections, but also to
convince the public that there is a reason to participate in the process.
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2016 Poll Observation Report of CA Election Procedures State of California, November 8, 2016 7
Copyright Election Integrity Project, Inc.
CHART A
County # of Observers # of Reported Incidents
San Diego 172 2,611
Kern 10 1,006
Los Angeles 24 221
Riverside 20 162
San Bernardino 16 107
Orange 53 94
Tulare 14 63
Sacramento 6 39
Ventura 1 31

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Fresno 1 18
Tehama 2 16
Solano 4 15
Shasta 1 2
Butte
Santa Barbara
TOTALS
NT1
1
311
2
2
4,324
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CHART B
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Violation Category # of violations reported


Voter Privacy 1,232
Ballot Management 769
Supply Issues 120
CO

Mail Ballot Issues 55


Provisional Voting Issues 168
Assisted Voter Issues 288
Poll Worker/Supervisor Issues 313
Opening/Closing Procedures 13
Miscellaneous Infractions of Law/Procedure 68
Poll Worker/Supervisor Training Issues 3,010
Other Miscellaneous Issues 70
TOTAL 4,306

2016 Poll Observation Report of CA Election Procedures State of California, November 8, 2016 8
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CHART C

VIOLATIONS REPORTED BY COUNTY, PER SUB-CATEGORY

1. Voter Privacy a. Check in procedure


COUNTY NUMBER OF OBSERVERS NUMBER OF VIOLATIONS
Kern 10 37
Los Angeles 24 24
Orange 53 15
Riverside 20 32
Sacramento 76 12

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San Bernardino 16 21
San Diego 172 354
Solano 4 1
Tehama 2 1
Tulare 14 3

1. Voter Privacy NT
b. Voting outside booth
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COUNTY NUMBER OF OBSERVERS NUMBER OF VIOLATIONS
Fresno 1 1
Kern 10 311
Los Angeles 24 2
Orange 53 3
Riverside 20 20
NF

Sacramento 76 4
San Bernardino 16 6
San Diego 172 173
Shasta 1 2
CO

Solano 4 1
Tehama 2 12
Tulare 14 5
Ventura 1 1

1. Voter Privacy c. booth /machine arrangement/location


COUNTY NUMBER OF OBSERVERS NUMBER OF VIOLATIONS
Butte 1 1
Kern 10 2
Los Angeles 24 2
Orange 53 11
San Bernardino 16 1
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San Diego 172 108
Solano 4 1
Tehama 2 2
Ventura 1 8

1. Voter Privacy d. voters unlawfully sharing booth


COUNTY NUMBER OF OBSERVERS NUMBER OF VIOLATIONS
Fresno 1 6
Los Angeles 24 5
Orange 53 3
Riverside 20 2

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San Bernardino 16 3
San Diego 172 30
Ventura 1 1

1.
COUNTY
Kern
Voter Privacy

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e. inadequate handicapped facilities
NUMBER OF OBSERVERS
10
NUMBER OF VIOLATIONS
1
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San Bernardino 16 1
San Diego 172 3

2. Ballot Managementa. ballot box orientation


NF

COUNTY NUMBER OF OBSERVERS NUMBER OF VIOLATIONS


Kern 10 1
San Diego 172 27
CO

2. Ballot Management b. voters submitting own ballot


COUNTY NUMBER OF OBSERVERS NUMBER OF VIOLATIONS
Kern 10 319
Los Angeles 24 3
Orange 53 5
Riverside 20 15
Sacramento 76 2
San Bernardino 16 3
San Diego 172 42
Solano 4 1
Tulare 14 2
2016 Poll Observation Report of CA Election Procedures State of California, November 8, 2016 10
Copyright Election Integrity Project, Inc.
Ventura 1

2. Ballot Management c. ballot mishandled


COUNTY NUMBER OF OBSERVERS NUMBER OF VIOLATIONS
Kern 10 307
Orange 53 1
Riverside 20 1
Sacramento 76 1
San Diego 172 10

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2. Ballot Management d. mishandling spoiled/surrendered ballot
COUNTY NUMBER OF OBSERVERS NUMBER OF VIOLATIONS
Orange 53 2
Riverside 20 2

NT
San Diego 172 1
Tulare 14 1

2. Ballot Management e. ballot containers out of sight/moved


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COUNTY NUMBER OF OBSERVERS NUMBER OF VIOLATIONS
Kern 10 2
San Bernardino 16 3
San Diego 172 5
NF

Tulare 14 2
Ventura 1
CO

2. Ballot Management f. voted ballots improperly stored


COUNTY NUMBER OF OBSERVERS NUMBER OF VIOLATIONS
Orange 53 1
Riverside 20 3
Sacramento 76 1
San Bernardino 16 1
San Diego 172 5

3. Inadequate or Defective Supplies a. ballots

2016 Poll Observation Report of CA Election Procedures State of California, November 8, 2016 11
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COUNTY NUMBER OF OBSERVERS NUMBER OF VIOLATIONS
Kern 10 1
San Diego 172 3
Tulare 14 2

3. Inadequate or Defective Supplies b. provisional ballot envelopes


COUNTY NUMBER OF OBSERVERS NUMBER OF VIOLATIONS
Riverside 20 5
San Diego 172 3

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3. Inadequate or Defective Supplies c. ballot containers
COUNTY NUMBER OF OBSERVERS NUMBER OF VIOLATIONS
Kern 10 1
Riverside 20 1

NT
San Diego 172 8
Solano 4 1
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3. Inadequate or Defective Supplies d. secrecy sleeves
COUNTY NUMBER OF OBSERVERS NUMBER OF VIOLATIONS
Riverside ? 1
San Diego 172 11
Ventura 1 1
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3. Inadequate or Defective Supplies e. booths


COUNTY NUMBER OF OBSERVERS NUMBER OF VIOLATIONS
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Riverside 20 3
San Diego 172 14
Solano 4 1
Tulare 14 1

3. Inadequate or Defective Supplies f. markers/other supplies


COUNTY NUMBER OF OBSERVERS NUMBER OF VIOLATIONS
Riverside 20 3
San Diego 172 3
Tulare 14 1
3. Inadequate or Defective Supplies g. machines
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Copyright Election Integrity Project, Inc.
COUNTY NUMBER OF OBSERVERS NUMBER OF VIOLATIONS
Los Angeles 24 17
Orange 53 19
Riverside 20 2
Sacramento 76 3
San Bernardino 16 4
San Diego 172 5
Solano 4 3
Tulare 14 1
Ventura 1 1

4. Mail Ballot Issues a. signatures not examined

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COUNTY NUMBER OF OBSERVERS NUMBER OF VIOLATIONS
Riverside 20 7
Sacramento 76 1
San Bernardino 16 3
San Diego
Tulare

4. Mail Ballot Issues


NT 172
14

b. surrender for poll ballot denied


14
1
IDE
COUNTY NUMBER OF OBSERVERS NUMBER OF VIOLATIONS
Orange 53 1
San Diego 172 3
NF

4. Mail Ballot Issues c. multiple ballots accepted without signature check


COUNTY NUMBER OF OBSERVERS NUMBER OF VIOLATIONS
Fresno 1 1
CO

Orange 53 6
Riverside 20 5
Sacramento 76 1
San Bernardino 16 1
San Diego 172 2
Tulare 14 1

4. Mail Ballot Issues d. Out-of-county ballots accepted


2016 Poll Observation Report of CA Election Procedures State of California, November 8, 2016 13
Copyright Election Integrity Project, Inc.
COUNTY NUMBER OF OBSERVERS NUMBER OF VIOLATIONS
Los Angeles 24 3
Riverside 20 3
Tulare 14 1

5. Provisional Ballot Issues a. provisional ballot denied


COUNTY NUMBER OF OBSERVERS NUMBER OF VIOLATIONS
Kern 10 1
Orange 53 1
Riverside 20 1
San Bernardino 16 1

IAL
San Diego 172 2

5. Provisional Ballot Issues b. poll ballot issued to provisional voter/provisional ballot


submitted without envelope
COUNTY
Kern
Los Angeles
Riverside NT
NUMBER OF OBSERVERS
10
24
20
NUMBER OF VIOLATIONS
1
1
1
IDE
San Bernardino 16 4
San Diego 172 17
Tulare 14 1

5. Provisional Ballot Issues c. failure to sign provisional ballot roster


NF

COUNTY NUMBER OF OBSERVERS NUMBER OF VIOLATIONS


Los Angeles 24 1
San Bernardino 16 1
CO

5. Provisional Ballot Issues e. failure to sign affirmation of voting eligibility


COUNTY NUMBER OF OBSERVERS NUMBER OF VIOLATIONS
San Diego 172 1

5. Provisional Ballot Issues f. ineligible/out of county voter given provisional ballot


COUNTY NUMBER OF OBSERVERS NUMBER OF VIOLATIONS
Fresno 1 1
Los Angeles 24 86
Orange 53 1
Riverside 20 1

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San Bernardino 16 6
San Diego 172 9
Tulare 14 1

5. Provisional Ballot Issues g. voter not counseled or assisted to find own polling place
COUNTY NUMBER OF OBSERVERS NUMBER OF VIOLATIONS
Los Angeles 24 1
Orange 53 1
Riverside 20 1
San Bernardino 16 1
San Diego 172 25

IAL
6. Assisted Voter Issues a. assisted voter oath not administered
COUNTY NUMBER OF OBSERVERS NUMBER OF VIOLATIONS
Fresno 1 3
Kern 10 1
Los Angeles
Orange
Riverside
Sacramento
NT 24
53
20
76
8
3
5
2
IDE
San Bernardino 16 8
San Diego 172 113
Tulare 14 1
NF

6. Assisted Voter Issues b. list of assisted voters not maintained by precinct officials
COUNTY NUMBER OF OBSERVERS NUMBER OF VIOLATIONS
Fresno 1 3
Kern 10 3
CO

Los Angeles 24 8
Orange 53 3
Riverside 20 5
Sacramento 76 2
San Bernardino 16 7
San Diego 172 113
Tulare 14 1

6. Assisted Voter Issues c. voter denied assistance


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COUNTY NUMBER OF OBSERVERS NUMBER OF VIOLATIONS
Los Angeles 24 2
Riverside 20 5

7. Poll worker and supervisor issues/inadequacies a. poll worker/supervisor hostile to


observer or voter
COUNTY NUMBER OF OBSERVERS NUMBER OF VIOLATIONS
Kern 10 1
Los Angeles 24 6
Orange 53 7
Riverside 20 2
Sacramento 76 1

IAL
San Bernardino 16 2
San Diego 172 18
Tulare 14 1

COUNTY
Fresno NT
7. Poll worker and supervisor issues/inadequacies
NUMBER OF OBSERVERS
1
b. inappropriate behavior
NUMBER OF VIOLATIONS
1
IDE
Kern 10 9
Los Angeles 24 11
Orange 53 3
Riverside 20 6
Sacramento 76 2
NF

San Bernardino 16 10
San Diego 172 47
Santa Barbara 1 1
Tehama 2 1
CO

Tulare 14 9
Ventura 1

7. Poll worker and supervisor issues/inadequacies c. no identification badge


COUNTY NUMBER OF OBSERVERS NUMBER OF VIOLATIONS
Los Angeles 24 5
Orange 53 1
Riverside 20 1
San Diego 172 5
Solano 4 1

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Copyright Election Integrity Project, Inc.
Tulare 14 1
Ventura 1 2

7. Poll worker and supervisor issues/inadequacies d. partisan behavior/electioneering


COUNTY NUMBER OF OBSERVERS NUMBER OF VIOLATIONS
Kern 10 4
Los Angeles 24 1
Orange 53 1
Sacramento 76 2
San Diego 172 5
Ventura 1 5

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7. Poll worker and supervisor issues/inadequacies e. voter/observer rights denied
COUNTY NUMBER OF OBSERVERS NUMBER OF VIOLATIONS
Kern 10 1
Orange
Riverside
San Diego
Solano NT 53
20
172
4
8
3
9
2
IDE
Tulare 14 6

7. Poll worker and supervisor issues/inadequacies f. unauthorized person at check-in


table/all poll workers under age 18
NF

COUNTY NUMBER OF OBSERVERS NUMBER OF VIOLATIONS


San Diego 172 2

7. Poll worker and supervisor issues/inadequacies g. unqualified poll worker


CO

COUNTY NUMBER OF OBSERVERS NUMBER OF VIOLATIONS


Los Angeles 24 1
Orange 53 1
San Bernardino 16 1
San Diego 172 3

7. Poll worker and supervisor issues/inadequacies h. required documents not displayed


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COUNTY NUMBER OF OBSERVERS NUMBER OF VIOLATIONS
Los Angeles 24 1
Orange 53 1
San Diego 172 12
Solano 4 3

7. Poll worker and supervisor issues/inadequacies i. insufficient number of poll


workers/worker did not show up
COUNTY NUMBER OF OBSERVERS NUMBER OF VIOLATIONS
Los Angeles 24 1
Riverside 20 2

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Sacramento 76 1
San Bernardino 16 2
San Diego 172 5
Tulare 14 1

COUNTY
Fresno
Los Angeles
NT
7. Poll worker and supervisor issues/inadequacies
NUMBER OF OBSERVERS
1
24
j. failure to maintain street index
NUMBER OF VIOLATIONS
1
7
IDE
Orange 53 5
Riverside 20 11
San Bernardino 16 3
San Diego 172 36
NF

8. Opening/Closing procedures b. opening early or late opening


COUNTY NUMBER OF OBSERVERS NUMBER OF VIOLATIONS
Los Angeles 24 2
CO

San Diego 172 1

8. Opening/Closing procedures c. opening failure of board members to sign declaration


COUNTY NUMBER OF OBSERVERS NUMBER OF VIOLATIONS
Santa Barbara 1 1

8. Opening/Closing procedures e. closing - voters in line by 8:00 pm not allowed to


vote/late votes or voters accepted
COUNTY NUMBER OF OBSERVERS NUMBER OF VIOLATIONS
San Diego 172 1

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8. Opening/Closing procedures f. closing early shutdown
COUNTY NUMBER OF OBSERVERS NUMBER OF VIOLATIONS
Orange 53 2
San Diego 172 3

8. Opening/Closing procedures g. closing blank ballots not rendered unusable


COUNTY NUMBER OF OBSERVERS NUMBER OF VIOLATIONS
Los Angeles 24 1
Sacramento 76 1
San Diego 172 1

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8. Opening/Closing procedures h. closing ballots not transported by two individuals
COUNTY NUMBER OF OBSERVERS NUMBER OF VIOLATIONS
San Diego 172 1

COUNTY
Fresno NT
9. Miscellaneous infractions of law and procedure
NUMBER OF OBSERVERS
1
NUMBER OF VIOLATIONS
1
IDE
Kern 10 2
Los Angeles 24 15
Orange 53 7
Sacramento 76 1
San Bernardino 16 11
NF

San Diego 172 16


Ventura 1 3

9. Poll worker/supervisor trained inaccurately or inadequately; poll worker/supervisor


CO

ignoring training or knowledge


COUNTY NUMBER OF OBSERVERS NUMBER OF VIOLATIONS
Butte 1 2
Fresno 1 10
Kern 10 1,003
Los Angeles 24 207
Orange 53 72
Riverside 20 145
Sacramento 76 35
San Bernardino 16 104
San Diego 172 1,314
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Copyright Election Integrity Project, Inc.
Santa Barbara 1 2
Shasta 1 2
Solano 4 10
Tehama 2 16
Tulare 14 59
Ventura 1 29

10. Other Miscellaneous issues: signage, polling place inadequacies; photography/phone use
allowed in polls; media misbehavior; collection center violations
COUNTY NUMBER OF OBSERVERS NUMBER OF VIOLATIONS
Kern 10 1
Los Angeles 24 10

IAL
Orange 53 2
Riverside 20 3
Sacramento 76 1
San Bernardino 16 1
San Diego
Tulare

NT 172
14

CHART D
41
10
IDE
1. Voter Privacy Violations
a. Check in procedure: 500
EC 14216 states, Any person desiring to vote shall announce his or her name and address in an
NF

audible tone of voice, and when one of the precinct officers finds the name in the index, the officer
shall in a like manner repeat the name and address. With no other form of identity verification, this
is the major deterrent to voter impersonation available to California voters.

b. Voting outside booth: 541


CO

EC 14281 states, On receiving a ballot, the voter shall forthwith retire alone to one of the booths
or compartments provided, and mark the ballot. There is NO room within this law for allowing
voters to mark ballots at tables or other open areas, regardless of efforts to expedite or offer
convenience to voters. The sanctity of a secret ballot is clearly uppermost in the concerns of the
law.

EC 14110 states, All officers required by law to designate polling places shall furnish the polling
places with a sufficient number of places, booths or compartments, at or in which voters may
conveniently mark their ballots, so that they may be screened from the observation of others. Each
place, compartment or booth shall be so adjusted as to conceal from any observation the voters
marking of the ballot.

2016 Poll Observation Report of CA Election Procedures State of California, November 8, 2016 20
Copyright Election Integrity Project, Inc.
EC 14276 states, After his or her ballot is marked, a voter shall not show it to any person in such a
way as to reveal its contents.

EC 14291 states, After the ballot is marked, a voter shall not show it to any person in such a way as
to reveal its contents.

EC 14275 states, Before leaving the voting booth or compartment [clearly implying that voter must
be in a booth or compartment], the voter shall fold or place the ballot card in the envelope so that
the ballot markings of the voter will not be exposed.

These prohibitions are specific to protect the voter from potential intimidation or the casting of a
non-secret ballot, and cannot be complied with when ballots are being marked at open tables or
other public areas. The number of violations recorded is not representative of the number of voters

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voting without privacy but rather the number of polling places allowing or even requiring their
voters to vote in the open.

c. Booth/machine arrangement/location: 136


EC 19362 states, The exterior of the voting machine and every part of the polling place shall be in

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plain view of the election precinct board and the poll watchers.

EC 14110 states, All officers required by law to designate polling places shall furnish the polling
places with a sufficient number of places, booths or compartments, at or in which voters may
IDE
conveniently mark their ballots, so that they may be screened from the observation of others. Each
place, compartment or booth shall be so adjusted as to conceal from any observation the voters
marking of the ballot.

Many counties use 3-sided cardboard booths. With no curtain to provide the 4th barrier of
NF

protection to the voter in the booth, it is essential that, if at all possible, the booths be arranged so
that the wall of the polling place provide that 4th barrier of privacy in order to comply with the
above cited election code.

d. Voters unlawfully sharing booth: 50


CO

EC 14224 states, Except as provided in Section 14222 [presence of under-age children], a voting
booth or compartment shall not be occupied by more than one person at a time, unless the voter is
eligible under the assisted-voter provisions.

EC 14281 states, On receiving a ballot, the voter shall forthwith retire alone to one of the booths
or compartments provided, and mark the ballot. This procedure is specific to protect the voter
from potential intimidation.

EC 14282 provides an exception to this mandate in the event a voter requires assistance to mark a
ballot. San Diego Countys poll worker training manual contains correct direction with regard to the
assisted voter process, but no mention of same is made in the in-person or online training.

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As a result, most poll workers are unaware of the requirements, and thus generate violations by
allowing voters to share booths without the assisted voter affirmation.

e. Inadequate handicapped facilities: 5


No voter should be denied a fair and secret ballot as a result of handicap

TOTAL VOTER PRIVACY VIOLATIONS 1,232

2. Ballot management Violations


a. Ballot box orientation: 28
EC14293 states, Having folded the ballot, the voter shall deliver it folded to a member of the

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precinct board, who shall thendeposit the ballot in the ballot box in the presence of the voter.

EC14277 states, The voter shall hand the folded ballot or the envelope containing the ballot to a
precinct board member who shalldeposit the ballot in the ballot container.

This procedure prevents voters and polling place visitors from inserting extra ballots, or anything

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foreign into the ballot box that might jeopardize or destroy ballots already inside. By virtue of the
requirement for only a member of the precinct board to place the ballots in the box, the submission
slot of the ballot box must logically face the poll worker.
IDE
b. Voters submitting own ballot: 392
EC14293 states, Having folded the ballot, the voter shall deliver it folded to a member of the
precinct board, who shall thendeposit the ballot in the ballot box in the presence of the voter.

EC14277 states, The voter shall hand the folded ballot or the envelope containing the ballot to a
NF

precinct board member who shalldeposit the ballot in the ballot container.

These procedures prevent voters and polling place visitors from inserting extra ballots, or anything
foreign into the ballot box that might jeopardize or destroy ballots already inside.
CO

c. Ballot mishandled: 323


EC 14276 states, After his or her ballot is marked, a voter shall not show it to any person in such a
way as to reveal its contents.

EC 14291 states, After the ballot is marked, a voter shall not show it to any person in such a way as
to reveal its contents.

EC14277 states, If the ballot is to be transferred from the envelope to the ballot container, care
shall be taken not to disclose the markings of the voter on the ballot.

EC 14291 states, After the ballot is marked, a voter shall not show it to any person in such a way as
to reveal its contents.

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Copyright Election Integrity Project, Inc.
Voters or poll workers removing ballots from the secrecy sleeve or other mishandling of the voted
ballot violates the spirit and the letter of these and other voter privacy laws. Voters submitting
their own ballots to the box also can also lead to ballot content revelation.

d. Mishandling spoiled/surrendered ballot: 3


EC 14290 states, The precinct board shall immediately cancel, without unfolding them, all the
spoiled ballots returned. The board shall write the word spoiled on the back of each spoiled ballot
in ink or indelible pencil and return the spoiled ballots with the unused ballots.

EC 14291 states, After the ballot is marked, a voter shall not show it to any person in such a way as
to reveal its contents.

Any spoiled or surrendered ballot handled by either voter or poll worker so as to revel any

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markings made by the voter violates these statutes.

e. Ballot containers out of sight/moved: 12


EC 14215 states, the ballot container or containers shall not be removed from the polling place

finally closed.

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or presence of the bystanders until all the ballots are counted, nor opened until after the polls are

EC 14211 states, The polling places shall be arranged so that neither the ballot containers nor the
voting booths or compartments shall be hidden from the view of those present.
IDE
EC 19362 states, The exterior of the voting machine and every part of the polling place shall be in
plain view of the election precinct board and the poll watchers.

f. Voted ballots improperly stored: 11


NF

EC 14113 (c) states, The containers of the ballots shall be of a type so that they will adequately
protect the ballots and that they can be opened without mutilation.

It was evident that this election would produce a high voter turnout and officials should have been
CO

prepared with enough supplies to handle it. Yet many precincts statewide were undersupplied with
regard to booths, ballot containers and privacy sleeves. This led to ballots being insecurely stored.

g. Spoiled ballot replacement denied: 0


EC 14288 states, If a voter spoils or defaces a ballot, the voter shall at once return it to the ballot
clerk and receive another ballot. A voter shall not receive more than a total of three ballots,
including his or her original ballot, in this manner.

TOTAL BALLOT MANAGEMENT VIOLATIONS 769

2. Inadequate or Defective Supplies Violations

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Copyright Election Integrity Project, Inc.
a. Ballots 4
EC14113 states, Ballots and other election supplies appropriate to the system shall be furnished

EC 14102(a)(1) states, For each statewide election, the elections official shall provide a sufficient
number of official ballots in each precinct to reasonably meet the needs of the voters in that precinct
on election day,and for vote by mail and emergency purposes shall provide the additional number
of ballots that may be necessary.

EC 14299 (a) states, If a precinct board is unable to furnish a ballot to a qualified voter because
there is an insufficient number of ballots at the precinct, the elections official shall deliver to the
precinct additional ballots to ensure that all eligible voters can cast their ballots within two hours.
Sections (b) and (c) govern stopgap measures in the event of ballot shortage.

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b. Provisional ballot envelopes 8
EC14113 states, Ballots and other election supplies appropriate to the system shall be furnished

Also see EC 14105(c).

c. Ballot containers:

NT
EC14113 states, Ballots and other election supplies appropriate to the system shall be furnished

EC 14113 (c) states, The containers of the ballots shall be of a type so that they will adequately
11
IDE
protect the ballots and that they can be opened without mutilation.

Also see EC 14105(g).

d. Secrecy sleeves: 13
NF

EC14113 states, Ballots and other election supplies appropriate to the system shall be furnished

e. Booths: 19
EC 14110 states, All officers required by law to designate polling places shall furnish the polling
CO

places with a sufficient number of places, booths or compartments, at or in which voters may
conveniently mark their ballots, so that they may be screened from the observation of others.

f. Marker/other supplies 8
EC14113 states, Ballots and other election supplies appropriate to the system shall be furnished

EC 14284 states, (a) All ballots, except vote by mail ballots, shall be marked only with the marking
device provided by law. (b) To prevent voters from marking their ballots with a pen or pencil, at the
time of delivering a ballot to a voter, the precinct officer shall distinctly state that the voter shall
mark the ballot with the device provided by law or the ballot will not be counted.

Also see EC 14105(c).

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Copyright Election Integrity Project, Inc.
g. Machines 54
See EC 19320-19322 and 19360

TOTAL SUPPLIES VIOLATIONS 120

3. Mail Ballot Issues Violations


a. Signatures not examined 26
Since a vote by mail voter may return the ballot in person to a member of a precinct board at a
polling place within the jurisdiction [EC 3017(a)(2)], it is important that the poll worker protect the

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voters right to have the ballot counted by inspecting the envelope prior to submitting the ballot to
the box.

b. Surrender for poll ballot denied 4

NT
EC 3015 states, Vote by mail voters who return to their home precincts on election day may vote
only if they surrender their vote by mail voter ballots to the inspector of the precinct board.

c. Multiple ballots accepted without signature check


EC 3011(a) states that VBM ballots submitted at the polls by a third party must contain (9) The
16
IDE
name of the person authorized by the voter to return the vote by mail ballot, (10) The relationship
to the voter of the person authorized to return the vote by mail ballot, and (11) The signature of
the person authorized to return the vote by mail ballot.

d. Out-of-county ballots accepted 9


NF

EC 3011(a) states that VBM ballots submitted at the polls by a third party must contain (1) a
declaration under penalty of perjury, stating that the voter resides within the precinct in which he or
she is voting and is the person whose name appears on the envelope.
CO

When a VBM ballot is accepted from a different county, it is highly unlikely that the ballot can be
identified, forwarded and delivered to its proper county within the 3-day leeway allowed for ballot
arrival. Thus, accepting such a ballot is likely to disenfranchise the voter, who could have been
counseled to drive to his own county to submit the ballot, or to have the ballot postmarked by the
end of election day so that it can be delivered on time to the proper county.

TOTAL MAIL BALLOT VIOLATIONS 55

4. Provisional Ballot Issues Violations

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Copyright Election Integrity Project, Inc.
a. provisional ballot denied 6
EC 14217 states, If the precinct board is unable to find a voters name upon the index of
registration, it shall inform the voter that he or she may cast a provisional ballot and the procedure
for doing so.

EC 14310 states, At all elections, a voter claiming to be properly registered but whose
qualifications or entitlement to vote cannot be immediately established upon examination of the
index of registration for the precinctshall be entitled to vote a provisional ballot

See also CCR Title 2 20107 (d)(1)(2)

b. poll ballot issued to voter who requires provisional ballot/Provisional ballot submitted without 25
envelope

IAL
EC 14217 states, If the precinct board is unable to find a voters name upon the index of
registration, it shall inform the voter that he or she may cast a provisional ballot and the procedure
for doing so.

EC 14310 states, At all elections, a voter claiming to be properly registered but whose

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qualifications or entitlement to vote cannot be immediately established upon examination of the
index of registration for the precinctshall be entitled to vote a provisional ballot

EC 3016 states, Any vote by mail voter who is unable to surrender his or her vote by mail voters
ballotshall be issued a provisional ballot
IDE
c. failure to sign provisional ballot roster 2
Because provisional voter is not in printed roster, and therefore unable to sign printed roster in
exchange for a ballot, the provisional voter must sign the provisional roster before receiving a ballot,
per San Diego County required procedures.
NF

d. failure to inspect filled out envelopes before submission 0


To protect the voter and assure that the provisional ballot cannot be rejected for incomplete
information, poll worker must inspect the filled out provisional ballot envelope prior to having it
CO

submitted to the box.

e. failure to sign affirmation of voting eligibility 1

EC 14310(a)(3) states, The voter shall be required to execute, in the presence of an elections
official, the written affirmation stating that the voter is eligible to vote and registered in the county
where the voter desires to vote.

f. ineligible/out of county voter given provisional ballot 104


EC 14310(a)(3) states, The voter shall be required to execute, in the presence of an elections
official, the written affirmation stating that the voter is eligible to vote and registered in the county
where the voter desires to vote.
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Copyright Election Integrity Project, Inc.
Issuing a provisional ballot to an unregistered voter, or to one registered in a different county,
gives the voter the belief that he or she has actually cast a legitimate and countable ballot. Voters
registered in other counties must be given the opportunity to reach their own county to cast a
countable ballot. In the eagerness to make voters happy, some are being disenfranchised. In
addition, there is always the specter that illegitimate ballots might make it through the process
and be counted, thus jeopardizing the integrity of the election.

g. Voter not counseled or assisted to find own polling place 30


Because voters are often disenfranchised in one or more ballot choices by voting out of precinct, and
because the provisional processing is time and labor-intensive and therefore expensive, it is in the
best interest of a fair and honest election and of the husbandry of taxpayers money that people be
dissuaded from casting unnecessary provisional ballots. However, often voters are pushed into

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casting such a ballot, and because poll workers are not adequately trained or informed, they often
misinform voters, telling them that their provisional ballot will count that day, or that its just the
same as a regular ballot, and they fail to tell voters about the difference in ballots.

NT
For this election, San Diego poll worker training briefly included this information, but the record
number of provisional cast is clear testimony that this is an area in great need of improvement.

TOTAL PROVISIONAL BALLOT VIOLATIONS 168


IDE
5. Assisted voter issues Violations
a. Assisted voter oath not administered 144
EC 14282 states, When a voter declares under oaththat the voter is then unable to mark a
ballot, the voter shall receive the assistance of not more than two persons selected by the voter,
NF

other than the voters employer, an agent of the voters employer, or an officer or agent of the
union of which the voter is a member.

If oath is not administered, or voter does not take the oath, then see 1b and 1d above re voters
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voting alone within the confines of a booth.

b. List of assisted voters not maintained by precinct board members 142


EC 14283 states, The precinct officers shall keep a list of the voters who have been assisted in
marking their ballots.

c. Voter denied assistance 2


EC 14282 states, When a voter declares under oaththat the voter is then unable to mark a
ballot, the voter shall receive the assistance of not more than two persons selected by the voter,
other than the voters employer, an agent of the voters employer, or an officer or agent of the
union of which the voter is a member.

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Copyright Election Integrity Project, Inc.
TOTAL ASSISTED VOTER VIOLATIONS 288

6. Poll worker and supervisor issues/inadequacies Violations


a. Poll worker/supervisor hostile to observer or voter 44
EC 14223(b), 2300(a) (9)(A)(B)(10 SOS-Election Observations Rights and Responsibilities, 2300(a)
(9)(A)(B)(10), 14211, 14223(b), 15104, and 15104(b) govern the rights of observers to be welcomed,
treated respectfully and be given access to ask questions of the precinct board and receive answers.

b. inappropriate behavior 109


Each county has in place a set of behavioral standards expected of poll workers in the performance
of their duty. Those standards are clearly communicated to poll workers during their in-person

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training and by means of their training manual.

c. no identification badge 16
EC 14105 states, The elections official shall furnish to the precinct officers: (l) An identifying badge

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or insignia for each member of the precinct board. The member shall print his or her name and the
precinct number thereon and shall wear the badge or insignia at all times in the performance of
duties, so as to be readily identified as a member of the precinct board by all persons entering the
polling place.
IDE
d. partisan behavior/electioneering 15
EC 319.5 defines and prohibits electioneering within 100 feet of a polling place.

e. voter/observer rights denied 29


Californias Voter Bill of Rights gives citizens the right to observe every aspect of the election
NF

process, and to not only ask questions of election officials but also receive satisfactory answers to
those questions. Citizens are to be welcomed into the process, in whatever capacity.

f. unauthorized person allowed at check-in table/all poll workers under 18 2


CO

EC 14223(a) states, Only members of the precinct board, and persons while signing their names
on the roster, shall be permitted, during the hours within which voting is in progress, to sit at the
desk or table used by the precinct board.

EC 12302(b) states, an elections official may appoint not more than five pupils per precinct to
serve under direct supervision of precinct board members

g. unqualified poll worker 6


EC 12303(a) states, No person who cannot read or write the English language is eligible to act as a
member of any precinct board.

EC 12309(a) states, Following the appointment of members of precinct boards, the elections
2016 Poll Observation Report of CA Election Procedures State of California, November 8, 2016 28
Copyright Election Integrity Project, Inc.
official shall instruct inspectors so appointed concerning their duties in connection with the conduct
of the election, which instruction shall conform to the uniform standards adopted by the Secretary
of State

The rest of EC12303 and all sections of EC 12309.5 outline that members of the election board
must be knowledgeable with regard to proper election procedures and able to assist voters as
needed.

h. required documents not displayed 17


EC 142000 states, A member of each precinct board shall cause the following voting information to
be publicly posted at each polling place on the day of each election: [hereafter follows a listing of
required documents].

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See also EC 14105, 14105.1, 14105.3, 14201.

i. insufficient number of poll workers/poll worker did not show 11


EC 14220 states, At any election, a majority of the members of any precinct board shall be present

NT
at the polling place at all times while the polling place is open.

EC 12313-12315 allows for emergency replacement of missing poll workers

j. failure to post/maintain street index 64


IDE
EC 14202 states, (a) Before opening the polls, the precinct board shall post in separate, convenient
places at or near the polling place, and of easy access to the voters, not less than two of the copies of
the index to the affidavits of registration for that precinct.

EC 14294 states, At all elections, a member of the precinct board shall mark, on one of the copies
NF

of the index posted at or near the polling place, the name of each person who has voted, by drawing
a line through the name of the voter, with a pen or indelible pencil. The board member shall mark
off the names at least once each hour, to and including 6 p.m.
CO

TOTAL POLL WORKER/SUPERVISOR ISSUES/INADEQUACIES 313

7. Opening/closing procedures Violations


a. Openingpolling place locked or inaccessible 0
b. Openingearly or late opening 3
EC 14212 states, The polls shall be open at 7 a.m. of the day of any election and shall be kept open
until 9 p.m. of the same day

c. Openingfailure of board members to sign declaration 0


EC 12320 states, No person is eligible to act as an election officer until the declaration required by
required by Section 12321 has been signed.
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EC 12321 states, (a)(1) Each inspector shall sign a declaration of intention to faithfully discharge
the duties of inspector and shall return it to the elections official at least 15 days before election
day(2) The declaration of an inspector and each of the declarations of other members of the
precinct boardshall be signed in the presence of a witness and shall be as binding on the signer as
would be an oath of office(b) On the day of election, and before entering upon the performance of
duties, each of the precinct board members, other than the inspector, shall sign a declaration of
intention to faithfully discharge the duties of an election officer. The declaration shall be signed
before any member of the precinct board.

d. Openingballot containers not shown to be empty/not sealed 0


EC 14215 states, Before receiving any ballots, the precinct board, in the presence of any persons

IAL
assembled at the polling place, shall open and exhibit and close the ballot container or containers.

e. Closingvoters in line by 8 p.m. not allowed to vote/late voters allowed to vote 1


EC 14401 states, if at the hour of closing there are any other voters in the polling place, or in line
at the door, who are qualified to vote and have not been able to do so since appearing, the polls

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shall be kept open a sufficient time to enable them to vote.

EC 14402 states, Anyone who arrives at the polling place after the time provided for closing the
polls shall not be entitled to vote, even though the polls are open when the voter arrives.
IDE
f. Closingearly shutdown 5
EC 14212 states, The polls shall be open at 7 a.m. of the day of any election, and shall be kept
open until 8 p.m. of the same day

g. ClosingBlank ballots not rendered unusable 3


NF

EC 14403 states, Immediately upon the closing of the polls and before any voted ballot is taken
from any of the ballot containers, the precinct board member shall, in the presence of all persons in
the room who may desire to observe them, proceed to render the unused ballots unusable. (three
choices provided, at county discretion)
CO

h. Closingballots not transported by two individuals 1


EC 14434 states, The sealed packages containing the lists, papers, and ballots shall be delivered by
two of its members without delay, unopened, to the elections official or to a receiving station
designated by the elections official.

NOTE: Though there are no specific reports from observers, it is the practice in San Diego for certain
FSRs to be assigned early pick-up duty, whereby they pick up ballots from certain precincts and
transport them, unaccompanied, to the ROV office. It is also the practice for the ballots to be
transported by one, unaccompanied individual, from the Collection Center to the ROV office.

TOTAL OPENING/CLOSING PROCEDURE VIOLATIONS OTAL OSING VIOLATIONS 13


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8. Miscellaneous infractions of law and procedure Violations
TOTAL MISCELLANEOUS INFRACTIONS OF LAW AND PROCEDURE 68lt

9. Poll worker/supervisor trained inaccurately or inadequately;


Poll worker/supervisor ignoring training or knowledge ` Violations
Poll workers attend in-person and online training, as well as receive a thorough reference manual. 3,010
HAVA (2002) requires that states provide adequate training for poll workers. Yet at times, provided
training either fails to include important information or, more seriously, provides training in direct
contradiction to the dictates of federal and state election law.

IAL
TOTAL POLL WORKER/SUPERVISOR TRAINING INADEQUACIES 3,010

10. Other miscellaneous issues Violations

NT
Inadequate signage 20
Polling place inadequacies 36
Photography/phone use allowed in polls 18
Media misbehavior 1
IDE
Collection center violations 4
TOTAL MISCELLANEOUS VIOLATIONS 79
NF

11. ROV Hotline Issues Violations


Issue of voters voting outside of booths called in to hotlinehotline condoned practice. 1+
FSR approached for bad arrangement of booths where there was room to arrange them betterFSR 1
approved poor setup, hotline condoned
CO

Observer asked Field Support Representative to rectify several issuescheck-in procedure, not 1
counseling voters to find own polling place, voters sharing booth. Field Support Representative
condoned all activity, hotline did not address

ADDENDUM

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Election Integrity Project is concerned about interference into our efforts to exercise our constitutional
rights to participate in and oversee our government and its agencies, particularly with regard to the
election process.

On November 8, 2016, as mentioned earlier in this report, Registrars of Voters offices in many counties
made themselves unavailable for communication by not answering or disconnecting their Observer
Hotline or Main Office phones. In some counties, poll workers were unable to reach their hotline for
conflict or problem resolution. Among the unresponsive counties were Ventura, Los Angeles, Orange,
San Bernardino, Riverside (afternoon), Kern, Solano, Trinity and Sacramento. San Diego and Fresno
counties were very responsive and cooperative.

We cannot name all counties involved in the above issues because of another suspicious problem that
occurred with EIP Hotline phones. On the day prior to Election Day, all phones at the EIP Statewide

IAL
Hotline were tested and fully charged, and were in perfect working order. Early on Election Day, the
service provider for those phones initiated an unrequested and unscheduled update on all of the
phones, leaving them unusable by installing a password lock. Thus our Observers were unable to
communicate with us, nor we with them.

NT
IDE
NF
CO

2016 Poll Observation Report of CA Election Procedures State of California, November 8, 2016 32
Copyright Election Integrity Project, Inc.