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TO: Maricopa County Board of Supervisors FROM: Adrian Fontes, County Recorder Rey Valenzuela, County Elections Director DATE: January 19, 2018 RE: Congressional District 8 (CD8) Special Election Plan UPDATE: January 19, 2018 Following the initial distribution of the Congressional District 8 Special Election Plan, this office engaged in a series of conversations with stakeholders, a public comment period that closed on January 19, 2018 and a public hearing held on January 11, 2018 at the Surprise City Hall Council Chambers. In response to public engagement feedback and collaboration with the Maricopa Board of Supervisors, this office increased the number of Election Day polling places from 52 to 53. Currently, 52 Election Day sites are confirmed. An additional site has been identified and final confirmation is awaiting a signed agreement. On Monday, December 11, Governor Doug Ducey called a Special Election to replace Congressman Trent Franks, who resigned on Friday, December 8. The Primary Election will be held February 27, 2018 and the General Election will be held April 24, 2018. Attached is a proposed election plan. In short, the plan calls for the following: The goal of securing 52 Election Day polling places for the 143 voting precincts contained within CD8; each non-PEVL voter will be assigned a polling place o This number has been determined based on mathematical turnout models and adjusted to meet the needs of specific communities of interest o With the compressed timeframe for election planning, we may need to vary the numbers slightly due to available locations Allowance for at least 3 Early Voting Sites and numerous ballot drop-off sites within CD8 previous to Election Day Utilization of 3 to 6 “SiteBook” voter check-in terminals per Election Day polling place o The SiteBook is being reconfigured to require the election workers to check-in voters (versus self-check-in) o The SiteBook is being reconfigured to require ID at the polls be screened by the election worker, as required by law for Election Day polling places Availability of 1 Ballot-on-Demand (BOD) printer to print out ballots unique to each voter, in lieu of using pre-printed ballots, at each polling place; additional BOD printers needed will be leased o Though we will not advertise the ability for voters to vote “out-of-precinct,” they will be able to if they happen to come to the wrong polling place o There will be a regionally-based response plan in place to refer quick technical support and replacement equipment as needed to any location that experiences equipment problems Tabulation machines will be available at each polling place, giving voters at their assigned polling place the ability to place their ballot in to the tabulator machines; there will be one tabulation machine per polling place o Only voters who are voting out-of-precinct or provisionally will utilize green affidavit envelopes in lieu of the tabulation machine for submitting their ballot to be counted A robust communications plan to ensure all voters receive information about their assigned polling place and other important special election information This memo will provide an overview in more detail of the following parts of the proposal: Page 1 of 10 I. Number of polling locations and rationale for determining the number of polling locations needed II. Factors under consideration to determine where polling places will be located III. Equipment used at polling locations IV. Process and procedures at polling locations V. Communications and outreach plan to inform voters of the special election and any unique information they need about this election VI. Process by which voters on the Permanent Early Voting List will receive their ballots and how those ballots will be processed VII. Tabulation and counting of ballots and reporting of election results VIII. Summary of recommendations Before exploring each of these areas in more detail, there are a few key considerations taken into account as this plan was developed. The County Elections Department recently ran a jurisdictional election for just over 1.1 million voters in November, utilizing new voting site check-in and ballot printing technology. Lessons learned from that election, which saw about 245,000 votes cast (about 24% turnout), as well subsequent conversations with voters (via surveys and feedback forms submitted at the voting sites), poll workers (via focus groups) and the Supervisors’ Chiefs of Staff, have been incorporated into this special election plan (as drafted). Key Considerations Use of Ballot-on-Demand printers to mitigate potential litigation and liability – This plan recommends that the new Ballot-on-Demand printers be utilized to ensure out-of-precinct voters can vote (the subject of the Jones litigation) in addition to providing accountability of ballots. Use of tabulators at the voting site –If the Board desires, tabulators can be used at polling locations but only for voters that are assigned to that polling place. This applies if there are multiple precincts assigned to that polling location, with a max of 5-6 precincts per location. This will create a complex process in which ballots are processed different ways. Some will be counted on site, and some sent to central count. We can securely manage this method and train our poll workers to help the voters understand why most are using the tabulators but some are not (see explanation further below). There will be an added cost for transporting and providing logistical support for the tabulation equipment. Further, the tabulators have a limited capacity to process no more than a certain number of ballot styles, which means the number of co-located precincts assigned to one tabulator must be taken into consideration. Use of green affidavit envelopes – Green affidavit envelopes are used for persons who vote by mail, or for out of precinct and provisional ballot voters at a polling place. This method was used for all in-person voters in the November 2017 jurisdictional elections and resulted in 100% ballot accountability. It is the recommended method for collecting ballots. All ballots in green envelopes will be sent through signature verification. Use of SiteBook check-in system – For security and accountability reasons, this plan calls for use of the new SiteBook check-in system in lieu of paper rosters. Use of the SiteBook system will 1) significantly speed up voter check-in processes, 2) eliminate the potential for allowing individuals to vote twice, and 3) ensure the most up to date information is shared between the voting sites and the voter registration database in order to protect voter data. Elimination of the “self-check-in” option – As the result of concerns raised by the Supervisors that the new self-check-in process used in the November jurisdictional election may be unfamiliar and thus difficult for some voters, the SiteBook check-in terminals are being reconfigured to require poll workers to check-in each voter at the polling places. Though this will slightly slow down the check-in process, the check-in experience will look no different to the voter than it has in the past. This check-in process will still be much faster and far Page 2 of 10 more accountable than either the ePollbooks (which are no longer available for use) or a paper roster system. This process will allow for the ability to update addresses and other voter information in real time, greatly cutting down the number of provisional ballots cast. ID at the polls – Voter identification will be required and checked by poll workers at each polling place on Election Day. The November 2017 jurisdictional election was an “all-ballot by mail” election so the physical voting sites were actually ballot replacement centers (as defined by the law) and not polling places. As such, every voter that voted in person at a ballot replacement center was required to sign the green affidavit envelope – as they would have if voting the ballot from home and mailing it in. The signature served as verification of the voter’s identity, as it would for any voter mailing a ballot back to the County. All voters and ballots in the jurisdictional election were treated the same when it came time to process the ballot by mail ballots (whether they sent the ballot back or voted a replacement ballot in person). This special election is NOT a ballot by mail election so different identification requirements apply by law at the polling places on Election Day. Specifically, voters must show one of a list of approved identification, showing their name and address (as registered to vote). The check-in process on the new SiteBooks is being reconfigured to require a poll worker to check identification before allowing a person to vote. Voters who have chosen to vote a ballot by mail will still sign the green affidavit envelope as they normally would to verify identity. Ballot drop-off – Ballots received in the mail can be dropped off at any polling place or at drop-boxes that can be strategically placed in secure locations within the congressional district. Any voter choosing not to send it back through the US Postal Service can drop it off at any early voting location or on Election Day at any polling place. With the above Key Considerations in mind, to follow is the Special Election Plan for the upcoming Special Primary election to be held February 27, 2018 and the Special General election to be held April 24, 2018. Page 3 of 10 Special Election Plan I. Number of polling locations and rationale for determining the number of polling locations needed The chart below indicates the percentage of primary-election day turnout percentage of ALL registered voters. This number includes all Permanent Early Voting List (PEVL) and all non-PEVL voters who voted in person on Election Day. Each of the numbers in the chart above is rounded up from the canvas for each of the primary elections in August of the year indicated. Because this is a Special Primary election, and not on a normal timeline, one could reasonably expect overall in-person turnout to be lower. However, to avoid any under calculations, we have indicated a higher percentage. Although the 2010 percentage is a significant anomaly, dragging the average upward, we have taken that 4.9% expected average and increased it to 5% as shown in the chart to follow: Page 4 of 10 For the Congressional District 8 (CD8) Special Primary, we are calculating that 5% of the 460,000 (total) voters will vote in person on Election Day. Consideration should be given to the actual 3/4 and 4/4 voters in each precinct. We have created a PDF map (available as an attachment) showing the highest and second-highest efficacy voters (a combination of these voters is indicated for the last four federal elections). Based on these numbers, there are no precincts where those two groups, combined, produce more than 200 in- person Election Day voters in a single precinct. The above factor, that of highest efficacy voters notwithstanding, is a raw-number average of combined precincts, and the anticipated number of actual voters per precinct, is on the table that follows: Page 5 of 10 In each of the options above, we see the middle number as the driver of precincts combined per actual site. The right column above shows the estimated number of in-person Election Day voters per site, given the 5% average from the prior table. RECOMMENDATION: We recommend that, without considering any other factors, the Board of Supervisors approve consolidation of 3-5 precincts per voting site, with only a few precincts left unconsolidated based on certain known barriers (e.g. transportation issues for voters of Sun City and Sun City West, Distance in far rural precincts if consolidated, etc.). In no instance, more than 6 precincts consolidated due to system limitations and demographics. This would result in 52 Election Day polling places (option B above) This recommendation is based solely on the number of voters overall, evenly distributed about the District as indicated. However, we can see how this recommendation becomes narrower when taking into consideration more factors. Additionally, we will have at least 4 Early Voting Sites and numerous ballot drop-off sites within CD8 before Election Day. Page 6 of 10 II. Factors under consideration to determine where polling places will be located Given the unique make-up of the population in the district, we have compiled the following as the variables, issues and points of importance for consideration when identifying and selecting locations for the CD8 Special Primary. This list of variables is not all-inclusive, but gives special consideration to particular concentrations of unique transportation considerations, facility needs and other important questions when planning this election. The Community Relations Team (CRT) has been actively working in CD8 to assist the Services division of the Election Department to help identify appropriate facilities. Please note: This election has been called on a much shorter timeline than regular elections. Most facilities with history serving as election sites have alternative activities planned through the year. This is an unexpected burden on our normal partners. Page 7 of 10 III. Equipment used at polling locations As indicated above, we are pleased with the development and recent deployment of our new SiteBook system. The much higher speed and tighter security of the system is a vast improvement over paper rosters. Each of our sites must have the same standard equipment: 1) ADA compliant Edge Touch Screen Voting machines (minimum 1 per site) 2) Secure Ballot Box for PEVL Drop-off (minimum 1 per site) 3) Tables, chairs, voting booths, signs etc. The options that exist for the check-in system and the Ballot System are: Check-in System - There are two options for checking-in voters on Election Day: 1) paper rosters, or 2) SiteBooks. Paper rosters are a traditional method for checking-in voters in each precinct. The method is not reliable and there is no verification of signatures allowable in time to have any effect. While this is a solid back-up system in a doomsday scenario, it is, in no way, as secure and accountable as using SiteBooks. The Election Department created and deployed a check-in system operated through its SiteBook technology. This method of checking-in voters is secure, fast and connected directly to the voter registration system via redundant signals over a secure VPN via a MoFi unit. The database allows voters to change their address immediately, significantly reducing the need for provisional ballots (if deployed with the Ballot-on-Demand system). Provisional ballots are the timewasters, which have caused voters and poll workers stress and unnecessary tension. Ballot System - Traditionally, ballots were pre-printed on a precinct-by-precinct basis. In every election, however, a tolerable audit error of +/-2 ballots per precinct was the norm. Pre-printing ballots has been identified as the reason recent audits show some precincts with significantly higher variance, and in some precincts, a variance into several dozen ballots per precinct. With the addition of a Ballot-on-Demand (BOD) system, one ballot is printed per voter. This eliminates the need for counting of pre-printed ballots by poll workers at the beginning and end of shifts and the printing and storage coordination prior to the Election Day. Several other security and accounting issues are mitigated. Human error when transporting or distributing live, pre-printed ballots is no longer a consideration. Coupled with the SiteBooks for check-in, each polling station now has a real-time log of check-ins and printed ballots. This combined system can more accurately anticipate any need for technical assistance or equipment replacement, and significantly shortens the time for each voter check-in transaction. RECOMMENDATION: We recommend deployment of one (1) BOD printer and no less than four (4) SiteBook check-in systems per voting location/polling place. IV. Process and procedures at polling locations With the use of SiteBook technology, checking a voter’s identification at a polling center becomes quicker and more efficient. Coupled with the BOD technology, any voter can be serviced, eliminating the problems with cumbersome provisional ballots for change of address or out of precinct voting. Page 8 of 10 With consolidated precincts, and in order to build to the future, the current specific training given to poll workers, troubleshooters and staff are sufficient, acceptable and fall within the strictures of the law. - Voter will enter the polling center and present identification. - Poll worker will use the SiteBook to check-in the voter. - Poll worker will issue a ballot unique to that voter printed by the BOD directly after check-in. - In the event of an out of precinct voter, or a change of address, or anything other than a regular ballot, the voter will be given a green affidavit envelope to sign and seal their ballot in. - Regular ballots will be placed in the tabulator (not recommended) or collected and brought back to central count. - Ballots in envelopes will undergo the scrutiny of signature verification and then sent to central count. Unfortunately, without a change in the law, Maricopa County continues to handle two different types of elections at the same time. Elections would be much more secure and accountable if all ballots were sent through signature verification scrutiny before being counted. This method provides for a voter-by-voter verification and eliminates all possibility of double voting. In this two-system environment currently in place, however, heightened scrutiny and more thorough training will be necessary to prevent this type of activity from reoccurring. V. Communications and outreach plan to inform voters of the special election and any unique information they need about this election Communicating with eligible voters regarding this Special Election is a top priority. Independent (or “no-party- designated”) voters can participate in this open Arizona Primary Election. The truncated schedule, which falls outside of the regular calendar for elections, makes communication and education vital regarding the time, place and manner of this election. There are approximately 460,000 eligible voters in multiple municipalities and communities participating in this election, including the following in part or in their entirety: Anthem Goodyear Peoria Surprise El Mirage Litchfield Park Sun City Youngtown Glendale New River Sun City West Phoenix (N of Pinnacle Peak Rd, West of I17) With such a large territory to cover, the Maricopa County Recorder’s Office is planning a multi-tiered, voter outreach and education approach. The recommendation is for a mid-January 2018 mailer featuring four styles. 1. Independent PEVL voters will be notified of the election with a pick a party ballot selection box and drop- off locations. 2. Independent non-PEVL voters will be notified of the election and voting location. 3. Republican and Democrat PEVL voters will be notified of the election and informed of their pending ballot to be mailed with drop-off locations. 4. Republican and Democrat non-PEVL voters will be notified of the election and voting location. Additionally, the office will use a social media, email, and SMS outreach plan to increase the number of contacts with participating voters. Traditional media advertising also will be utilized and focused on local publications including The Foothills Focus, North Phoenix News, Anthem News/ In&Out Magazine, Peoria Times, West Valley View, and Sun City Independent. PSAs and radio ads are also part of this plan. The Community Relations Team is gathering information on community, faith, fraternal, and other organizations for a face-to-face promotion of the Special Primary and General Elections. Team members will be responsible for informing community groups and individual voters of the election details, to increase awareness and access throughout the District. Page 9 of 10 VI. Process by which voters on the Permanent Early Voting List will receive their ballots and how those ballots will be processed Voters on the Permanent Early Voting List, have 2 options to receive a ballot: 1. By mail - Ballots will be automatically mailed to the address on file beginning 27 days prior to an election. CAVEAT: During a Primary Election, PEVL voters registered in a NON-RECOGNIZED party are eligible to receive a ballot but will NOT have one automatically sent. If they wish to participate, they must make a ballot selection. This can be done via the Election Notice sent to PEVL voters, (refer to section V of the plan) OR by simply contacting the Elections Department directly at 602 506 1511. 2. In person - PEVL voters may disregard their automatic ballot mailing if they prefer to vote in person. PEVL ballots, like any other Early Ballot, must meet 2 qualifications in order to be processed: The ballot must be in the possession of Maricopa County Election Department by 7pm on Election Day. (Postmarks do not count.) The ballot must be accompanied with a signed green affidavit envelope If a ballot meets the preliminary qualification for processing, it will undergo the signature verification process. In this step, every signature on every ballot’s affidavit will be compared to previous signatures in the voter record. This process is designed to ensure the integrity of voting by mail. If the signature is found to match the voter’s record, it will be dispositioned as “GOOD” in the Early Ballot return system and will subsequently “lock” the voter’s record to prevent voting multiple times. This ballot will then be prepared for tabulation. If the signature is found to be questionable, it will be re-reviewed by supervisory level staff. Only when all available file signatures and all viable methods for contacting voter have been exhausted will a ballot be dispositioned as “BAD”. The ballot will not be prepared for tabulation. If a ballot is returned without the voter’s signature, the entire voter packet, (time permitting), will be returned to the voter through the mail. Otherwise, every effort is made to contact the voter based upon the available contact information on file with our office. VII. Tabulation and counting of ballots and reporting of election results Every ballot that has successfully completed the signature verification process is then sent to a citizen board. To maintain the integrity of the ballot, the citizen board is comprised of 2 people of differing political affiliation. Once the citizen board separates ballots from the green affidavit envelopes, the ballots are balanced and prepared for the tabulating machines. In the Ballot Tabulation Center (BTC), operators will place the ballots in the tabulator to be counted. Each tabulator compiles results as each operator proves balance. However, by law, results are not compiled for release to the public until after 8pm on Election Day (1 hour after the closing of the polls). VIII. Summary of recommendations As outlined in Section I: We recommend that, without considering any other factors, the Board of Supervisors approve consolidation of 3-5 precincts per voting site, but no less than 2, and in no instance, more than 6 precincts due to system limitations and demographics. As outlined in Section III: We recommend deployment of one (1) BOD printer and no less than four (4) SiteBook check-in systems per voting location/polling place. Page 10 of 10