Committee Of The Whole September 8 2011 Final Version

Election 2012Administrative Overview for BOCC

Committee of the Whole

Brian D. NewbyElection CommissionerJohnson County, Kansaswww.jocoelection.orghttp://my.jocopolo.comSeptember 8, 2011

2

Today’s meeting is intended to:• Provide a general update to issues impacting Johnson County

elections.

• Highlight specific administrative areas of note for 2012.

• Assess readiness.

• Be interactive and strategic—if we have great discussion but don’t get past this slide, the meeting likely would be more successful than if we complete the deck but don’t have that engagement.

Session Objectives

Brian D. Newby, September 8, 2011

3

Johnson County Election Office By The Numbers


Staff Members: 16 Full‐time Employees, up to 250 part‐time

Voters: 358,000 +

Precincts: 447Voting Locations: varies150 Spring ‐285 PresidentialVoting

Machines: 2,407

Ballot Styles: Up to 1,461

Advance Voting Locations: 4

4

Potential Benefits

Johnson County

Potential Drawbacks

Sources: U.S. Census Bureau, Johnson County Election Office, Mid-America Regional Council

270,269355,054

451,086

550,904

644,559

744,059

155,769 173,570

312,788360,000

411,191463,333

0

100,000

200,000

300,000

400,000

500,000

600,000

700,000

800,000

1980 1990 2000 2010 2020 2030

Population Active Voter Registration


5Brian D. Newby, September 8, 2011

6

Johnson County Elections, 2009

JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC

Spring General

Spring Primary

Mail Ballot Polls RecallPrimary General

Regularly Scheduled Elections Special Elections

2010 Spring General

2010 Spring Primary

26

25

Roeland Pk Ward 427

30

31


Fairway28

Merriam29

7



Spring General

Spring Primary



2011 Spring General

2011 Spring Primary

33

30

38


Gardner Recall I

Gardner Recall II

31

32

Primary Partisan

2010 General

34

35

Merriam29

City of De Soto

37

36

8





2011 Spring General

2011 Spring Primary

38


City of De Soto

37

36

Spring Hill School District39

City of Mission40

Blue Valley School District41

Gardner School District42

Roeland Park?43

9



Spring General



45


Primary Partisan

2012 Presidential

46

47

BV Schools41

Gardner Sch42

Roeland Park?43

Spring Primary 44

Spring General48

10

Johnson County, KansasEst. Population 550,000 Registered Voters 358,592

Registered Voters 350,000


New Internet Party “Americans Elect” = 0

Johnson County Voting StatisticsRegistered Voters Total Voted Turnout %

Year JoCoPop Growth% November Growth% November Growth% November Trend

1960 143,792 77,420 65,033 84%

1964 177,137 23% 84,059 9% 72,483 11% 86% 2%

1968 212,245 20% 100,610 20% 88,314 22% 88% 2%

1972 231,933 9% 120,407 20% 104,136 18% 86% -1%

1976 243,953 5% 140,956 17% 117,040 12% 83% -3%

1980 266,489 9% 155,769 11% 125,637 7% 81% -2%

1984 283,666 6% 169,773 9% 141,715 13% 83% 3%

1988 328,537 16% 185,727 9% 155,267 10% 84% 1%

1992 374,801 14% 222,815 20% 197,265 27% 89% 5%

1996 411,635 10% 246,497 11% 192,202 -3% 78.0% -11%

2000 451,086 10% 312,788 27% 218,486 14% 70% -8%

2004 496,691 10% 348,552 11% 259,599 19% 75% 5%

2008 532,215 7% 364,441 5% 285,001 10% 78.2% 3%

2012 e 551,529 4% 390,000 7% 292,500 3% 75% -3%


12

Voting is Local


13

• Secure And Fair Elections (SAFE) Act

• Military and Overseas Voter Empowerment (MOVE) Act

• Full ballot for overseas voters

• Changes in Canvass dates

Legislative Changes Since 2008


14

1. There will be no presidential preference primary in 2012. Parties will conduct caucuses.

2. Beginning in 2012, every voter must show photo identification each time they vote.3. By-mail advance voters who ask other people to mail or deliver their ballots must

designate the delivery persons in writing.4. Beginning in 2013, individuals must provide proof of U.S. citizenship when they

register to vote for the first time in Kansas.5. The candidate filing deadline in even-year elections is moved from noon on June

10 to noon on June 1.6. In the redistricting year of 2012, the candidate filing deadline may be June 1, June

10 or, if there is litigation, a date set by a court.7. The voter registration deadline for all elections is moved from the 15th day to the

21st day before the election.8. The county canvass is held either on Monday or the second Thursday following the

election, rather than Friday or Monday. 9. The deadline to request a single-district recount in a specific county is 5:00 pm the

day following the county canvass. Once requested, recounts must be completed in 5 calendar days.

Key Legislative Outcomes:


15

1. Uniformed and Overseas Citizen Access Voting Abroad (UOCAVA) voters now vote a complete ballot, with all the races and issues that regular ballots contain.

2. UOCAVA voters must submit ballot applications annually instead of once every two years.

3. In local elections held in the spring of odd-numbered years, a primary is held if more than 3 candidates file for an office, and the two candidates receiving the most votes in the primary move on to the general election.

4. Candidates for state offices file their campaign finance reports only with the Secretary of State, not with the county election officer.

5. Candidates may not appear in advertisements or public service announcements within 60 days of a primary election, extending until the general election is over.

Even More Legislative Outcomes:


16

Federal Service Voters

0

500

1000

1500

2000

20002004

2008

530

11651515

Ballo

ts Issued

Presidential Elections

Growth in Federal Service Ballots


Literally, each of these voters (who vote using procedures from the Uniformed and Overseas Citizens Absentee Voting Act—UOCAVA) requires the involvement of a staff member to ensure ballots are received and returned. It would be the equivalent of one

sales person managing the Fortune 1500 companies.

17

Census Impacts


The Chief Election Officer is each county’s point person for thecensus:

• Redistricting will move voters from different congressional, senate, and state legislative districts.

• This redistricting may not be completed until late spring, leaving a crunch mode to move voters, create new maps, and process candidate filings in early June.

• Potential for Spanish ballots comes from the census and we should know the outcome of that within a month:

Section 203 of the Voting Rights Act of 1965 mandates that a state or political subdivision must provide language assistance to voters if more than 5 percent of the voting age citizens are members of a single-language minority group or if more than 10,000 of the voting age citizens are members of a single-language minority group.

18

Area Closings Will Impact 2012


More than 50,000 voters cast ballots by mail in 2008. 40,000 ballots were mailed out 20 days before election day, the first day they could be mailed by law.

• In 2012, the downtown Olathe Post Office will be closed, adding more complexity to our mail processing.

• Further, the U.S. Postal Service is nearing default on its financial obligations, which will trigger Congressional action. It’s possible service on one or more days will eventually end, making voting by mail, potentially, unviable in the long-term.

• Similarly, the election office now has only one newspaper for the many statutorily required publications following the closing of the Johnson County Sun.

19

Other Uncertainties


The Election Office is required to serve as an advance voting location.• Others used in 2008 may not be available (Metcalf South or Shawnee) or

viable (Northeast Offices) in 2012.

• It’s too early to negotiate with landlords for alternate sites because there is optimism on their part that space will be filled. Negotiations are resource-intensive.

• We’ve had a civic-minded lease with Metcalf South but other locations cost $5,000 per month or more. Leases are for 5 months.

• Similarly, polling places must be assigned this fall and polling places are difficult to obtain, making advance voting vital. Without advance voting, we would need 450 polling locations and at least 800 more voting machines.

• Like all Johnson County employees, election workers have felt the economy’s impacts. They have not had an increase since 2006, although they will work a 15-hour day in November 2012. (Polls are open an hour longer in presidential elections). By law, election worker pay is set by the BOCC.

Advance Voting—2008 Presidential

In-Person Advance 86,020By-Mail Advance 55,585In-Person Election Day 143,396Total 285,001*

*--provisional votes distributed proportionately to election night totals

50 percent of voters voted in advance. The distribution results in three distinct elections—in person advance, advance by mail, and in-person at the polls.

(In-Person Election Day)(In-Person Advance)(By-Mail Advance)


21

Advance Voting


In-Person Johnson County Election Office 29,695In-Person Metcalf South 22,883In-Person Shawnee 18,025In-Person Johnson County Northeast Office 15,417Total 86,020

Almost half of Johnson County’s in-person advance totals were from non-county owned locations.

22

Polling Place Layout and Flow


Provisional

booth

Encoder

machine

Voting

machine

EW

EW

Voter checks in

Voter enters here

Perfect Voter receives Voter Receipt

Perfect Voter returns deactivated Voter Card to container and receives “I Voted” sticker

Perfect Voter receives plastic Voter Card encoded according to receipt

Election worker admits Perfect Voter to voting machine and confirms precinct split & party affiliation (in partisan election)

Perfect Voter votes and exits machine

Voting

machine

Voting

machine

Voting

machine

Advance voting is similar, except that computers are connected to the statewide voter registration system.

23

Citizen Satisfaction


Even with the same number of full-time staff as in 1996, Elections ranks well in the county’s citizen survey.

Satisfaction levels have been similar in the 2005, 2007, and 2009 surveys.

National average of voters served per full-time employee is 6,000, according to the National Association of Election Officials

Human Capital Issues


Johnson-Wyandotte Election Office Comparison

Johnson County358k

Wyandotte County80k

Registered Voters 2011 Voters served per staff Average Salary (2008)

Johnson County 22,412

Wyandotte County 11,497

Johnson County$47,063

Wyandotte County$53,824

25

• Minimum of 3 per polling location by law.

• Average of 6 per polling place in 2012.

• Must, if possible, have one representative from each party.

• Must be a registered voter in the county and, if possible, live in the precinct.

• Requests are made to each party for workers.

• Students (less than 18 but 16 or older) can work as election workers, one per polling location.

• 10 percent of our workers are high-school students.

• Average age of election workers is 68.

• Average tenure of election workers in the 2012 election will be six years.

• Workers are generally needed in the outlying areas—Gardner, Edgerton, De Soto, Spring Hill, and Stilwell.

• County employees from 19 departments have served as election workers.

• Workers train for 3 hours before each election; supervising judges receive a second training just for that function.

• Workers provide their own transportation and meals.

Election Workers


Johnson County Election Workers

26

…But In Johnson County, It Almost Is

Freedom Isn’t Free…

Of the 284 polling places Johnson County utilized in 2008:

• Johnson County’s Election Office was able to negotiate $2,000 in total rent at Metcalf South for advance voting in August and November 2006.

• 2008 rent for two sites was $30,000.

234 Free

50 Paid Total polling place rent, Aug. and Nov. 2008, estimated: $5,000


27

Polling Places by the Numbers

227 259 286 284

246,497

312,788

348,552360,000

0

50,000

100,000

150,000

200,000

250,000

300,000

350,000

400,000

0

50

100

150

200

250

300

350

1996 2000 2004 2008

Reg

iste

red

Vote

rs

Polli

ng P

lace

sJohnson County Polling Places and Registered Voters

Presidential Elections 1996 - 2008

1,086 Voters perPolling Place

1,208Voters perPolling Place

1,219 Voters perPolling Place

1,267Voters perPolling Place

Brian D. Newby, November 29, 2007

28

Johnson County has used voting machines for more than 40 years, since 1966.

Voting Technology

• Voters authorized the county to purchase voting machines.

• For most under the age of 65, voting on machine, rather than paper, has been the method of voting the entire time they have voted in Johnson County.

• Johnson County moved to touch-screen votingmachines in 2001 and implemented them in 2002.

• These machines were bought from Global Election Systems, a company acquired by Diebold shortly after Johnson County’s 2001 equipment purchase.

• Essentially, these machines are using 1990s touch-screen technology (four-wire resistive): Smartphones and tablet computers like iPhones and iPads weren’t invented yet when these machines were designed. These new devices use much more advanced touch-screen technology.


First generation machine

2001 Version, Diebold TS

29

Johnson County is utilizing its second generation of DRE Touch-Screen Machines.

History of Voting Technology

• Older TS machines were replaced by TSX machines.

• 300 TS machines were retained as encoders (one per polling place, prepares ballot on voter card) until 2008.

• TSx machines utilized as encoders beginning in 2008.

• Diebold renamed election division “Premier” in 2007 and sold Premier to Election Systems and Software (ES&S) in 2009.

• Department of Justice sued Election Systems and Software in 2010, resulting in divestiture of intellectual property of Premier’s recently certified software to Dominion Voting Systems.


30

What this means to Johnson County:

History of Voting Technology

• TSx machines are no longer being manufactured.

• Johnson County does not pay the $100,000 annual maintenance contract on the TSx machines.

• Johnson County is in a unique position where it could be supported by ES&S or Dominion. However, because much of what we do is autonomous, without vendor involvement, this position is less impactful than it could be. If we move to the new certified software on these machines, however, we must do that with Dominion.

• In 2012, machines will be 9 years old, with estimated life of 7 to 10 years. (TS machine parts began failing within 5 years).


•Johnson County Purchases 860 TS Units and 300 Express Polls (electronic poll books/encoders)

31

Touch-Screen Voting Timeline

2001 • TS Units put into service

• Express Polls delivered, but not yet certified for use

2002

•California Decertifies voting machines without Voter Verifiable Paper Audit Trail

•Johnson County trades up, replacing its 860 machines for new and used TSX machines (from California), bringing the fleet to 1,305

2004

TS Unit

Express Poll


•Express Polls certified•Boxes opened; order not complete•Statewide voter registration/election management system is successfully implemented

32


2005 • Johnson County orders 576 additional TSx machines with dollars from the Help America Vote Act.

2006

•Express Polls not accepted because the technology is outdated.•300 TS machines returned to Diebold•576 TSx machines ordered in 2006 delivered and accepted (there was no warehouse space for the new machines until the TS machines were sent back)

2007

TSx Unit


33


•125 machines are purchased from Diebold/Premier. TSx machines used as encoders.

2008

•400 purchased from ES&S, putting fleet at 2406.•Election office does not have the capability to store or power additional machines.•Table retrofit is underway to allow space for these new units in our warehouse

2011

•Spring election would be the absolute drop‐dead date for the lifespan of this system to be exhausted.

2017


34

During the next election cycle, the Election Office will post videos on YouTube to demonstrate the method of calibrating and testing voting machines. This sign also appears at our polling locations.

Voting Technology


Please Note Touch screens on voting machines are

sensitive.

You must retouch a wrong selection to cancel it before making another selection.

Carefully review your choices on the summary page prior to casting your ballot.

35

Johnson County’s voting machines have an audit trail consistent with the Help America Vote Act, as well as Kansas Secretary of State and voluntary voting guidelines.

• Do they have a paper trail?

Yes. Ballots cast can be and have been printed for recounts. Ballots are stored, with voter privacy, on the machine’s hard drive and on a removable drive.

• Do they have a paper trail with a printer on the side?

No. This is often referred to as a Voter Verifiable Paper Audit Trail (VVPAT). This capability was invented after Johnson County’s machines were built. The lack of VVPAT was why themachines were de-certified in California. Kansas Secretary of State Kris Kobach would prefer all systems have a formal paper trail (VVPAT or paper ballots). Upgrading to VVPAT capabilitywith Johnson County’s current system is not an option. Themachines could be upgraded with new software, from Dominion,at a cost estimate of approximately $1.8 million.

Audit Trail


36

Machine SecurityThe Johnson County Election Office is staffed by 16 sworn electionprofessionals who adhere to The Election Center’s Code of Ethics,which was adopted by our office in 1997.

• The Election Office full-time staff manages all aspects of elections for residents of Johnson County.• The staff is responsible for programming, verifying, tabulating, and controlling every election.• We utilize seasoned election workers to conduct all of our pre-election testing.• The vendor has never programmed our elections and does not have remote access to our

election software.• We control our own elections—no outside entity is involved in programming or election-day support.

Our office building, located at 2101 E. Kansas City Road in Olathe, hascontrolled access and is secured through an alarm system with a numberedlock and password-protected entrance keypad.

• Within the building there are numerous rooms with different levels of controlled access.• The election computer room and the ballot storage vault are monitored by security cameras 24 hours a

day, 7 days a week.• Combination lock passwords are changed after each election cycle.


37

Machine Security (cont.)The election software computer is freestanding. It is not networked withinthe office or connected to the Internet.

1. Physically, the vendor’s election software and each individual election database are secured on a computer that is accessible by few members of our office staff only.

2. This computer is installed in a secure room with controlled access. One staff memberhas a key to enter the room, but the room requires a code as well from another staffmember. Thus, 2 persons are in the room, at a minimum, at any time.

3. A video camera also records all activity in this room.4. The computer requires a password, which only one employee knows. The specific

election requires a different password, again known by only one employee.5. Individual election database files are backed up at designated milestones and secured in

the tabulation room and in off-site storage.6. All voting machine keys, voter cards, and storage media are secured in a controlled

access room. Staff maintains a detailed inventory control of these supplies.7. Keys and combinations are assigned so that any election-centric procedure requires at

least two persons.8. On Election Night, our election results are hand-carried by election judges to election

headquarters.9. We do not use modems to transmit results.


Polling Place(285)

Drop-Off Site

(20) Upload(2,200)Upload(2,200)

Election Office

PC CardPC Card

Server

PC Card

PC Card

PC Card

PC CardPC Card

Results

Results

11:00

7:30

8:00

8:40

11:30


39

Election SetupThe Johnson County Election Office may use only voting systems, equipment andsoftware certified through the Kansas Secretary of State’s Office.

A voting system must pass three levels of tests before it can be used in Kansas - FederalQualification Tests, State Certification Tests, and local Acceptance Tests. Our policy hasbeen to receive software updates directly from the Independent Testing Authority thatcertified the software.

1. Before each election our office conducts a Systems Diagnostic Test on each voting machine to ensure that it isoperating properly.

2. Logic and Accuracy (L&A) Tests are performed on each election data card. In addition, an L&A is done totest the integration of the voting machine data cards with the paper ballot system.

3. This L&A assures the accuracy of the entire process for every election – merging of paper ballot and machinevotes to expected hand-calculated outcomes, including a review of all reports.

4. Throughout the entire testing process there is an internal separation of duties and dual sign-off accountabilityon all processes—maintaining an extensive audit trail, including all proofing documentation.

5. Tabulation effectiveness is demonstrated through a public test, with notice published by law and verifiedagain post-election.

6. Each voting machine is secured with a unique padlock and key combination.7. Data cards for the voting machines are secured at the Election Office until the afternoon before the election,

when they are picked up in a numbered, sealed pouch by the Supervising Judge of each polling place.8. On Election Day, poll workers confirm the seal numbers on PC card pouches and voting machines, then

verify protective counters before inserting PC cards into voting machines to activate the election. Thisvalidation is signed by all sworn election workers.


40

Election DayEach polling place in our county is staffed by sworn electionworkers, who have attended a mandatory training session duringeach election cycle.

1. The Supervising Judge is responsible for balancing the number of voters processed to votes collectedperiodically throughout the day. On election day, the Supervising Judge maintains control of all machinekeys.

2. There are numerous checks and balances in place, including separation of duties as each voter movesthrough the polling place.

3. A beginning “zero proof” printout from each voting machine validates that there are no votes stored on theresults cartridges. This printout is signed by all sworn election workers.

4. An individual voter receipt is issued to each voter at check-in. A voter must present a voter receipt in orderto be issued a voting machine activation card.

5. An activation card is not issued until a voting machine is available for use.6. Each voter is escorted to a voting machine by a Machine Attendant. The Machine Attendant used the voter

receipt to validate that the correct ballot is displayed for the voter.7. The voter receipt is deposited in an envelope at the voting machine, providing a paper audit trail for the

number of votes collected in each voting machine. The voter receipt is comparable to a paper ballot stub.8. The voter cards are collected at the exit door by an election worker.9. An end-of-day tally includes balancing voters processed to votes collected, and validating that the numbers

of voter cards issued to the polling place are being returned to the Election Office.10. A closing printout from each voting machine confirms the total number of votes collected in each machine.

This printout is again signed by all sworn election workers.11. The election results data cards, again secured in a numbered, sealed pouch, are hand-carried by election

judges to the Election Office, where the votes are tabulated.


41

Further Security ConcernsDespite the focus on security, more investment could be made:

1. We have outsourced a security audit and received a proposal that we are reviewinginternally and with facilities, which has, itself, conducted a security audit.

2. Likely, proposals will be brought to the BOCC for additional spending on camerasand fencing.

3. Aside from election security, a risk exists from the hacking industry—not ofvoting machines but of other county systems that could impact voter confidence:1. For instance, a hacker who could reach the elections website—stored at the

county—could cause voters to wonder if others systems were impacted.2. Four election office websites have been hacked since July 2011.3. Election and website systems are unrelated and unassociated, and the ITS group

understands the concern, but this is a security issue outside of the control of theElection Office.

4. Any issue “outside of the control of the Election Office,” could still causevoters to wonder how much control our office actually has over voting security.

5. While we have great control over election security, mitigating effects of anyunrelated outside force is something of which we are continually mindful.


These individuals have become celebrated election hactivists, having hacked a District of Columbia Internet election trial (by invitation). They have obtained a TSx machine and sponsored a hacking election on the machine at a national conference.

Example of a high-profile hactivist, 2006

43

Certification to the 2012 Voluntary Voting System Guidelines (under development) requires the use of paper:

• Machines with Voter Verifiable Paper Audit Trail

• Paper ballots

• Devices which print paper

$13 million is considered the high side for the most expensive solution—Machines with Voter Verifiable Paper Audit Trail.

Johnson County will need to consider a total cost solution (capital and operating costs) when developing and evaluating its Request for Proposal.

Next Generation Voting


44

History of Voting Technology New systems must:

• Be federally certified by the Election Assistance Commission (EAC)

• Comply with the EAC’s 2008 Voluntary Voting Systems Guidelines

• Be certified in the state of KansasCurrently, no system meets this criteria.


Internet voting likewise does not meet this criteria. Internet voting has security risks but is the centerpiece of the MOVE Act. If Internet voting becomes successful with military voters, the industry likely will be pulled to this technology.

Another backdrop to these issues is the role of the EAC, empowered by the Help America Vote Act. Many--including the National Association of Secretaries of State, the current Kansas Secretary of State, and the Johnson County Election Commissioner—believe the EAC has outlived its role and should be abolished or blended into other agencies. This would place more emphasis on Kansas certification and may allow for more innovation and, definitely, reduced costs. A bill to abolish the EAC was introduced in the House of Representatives but did not gain the votes needed to advance to the Senate.

45

Elections as Public PolicyRetrofit Fleet of 1,881 TSx MachinesThe equipment issues facing Johnson County are not solely

election issues. They are public policy issues that require the same consideration by the Board of County Commissioners as other service levels with other agencies.

Put Machines on Ice, Go Paper

Considerations of any equipment decisions• How will service levels be changed now?• Will any change limit our service level options in the future?• What is the possibility of stranded investment?• What is the possibility of federal or state funding?• Will action now limit or prevent cost recovery from federal

or state sources?


46

This question is often asked by voters. “Back to Paper” has an impractical romantic quality.

So Why Not Go Back to Paper?

Perception• Less susceptible to fraud.

• Elections are cheaper.

• We can hand-count the votes.

• People can wait a few days for results.

Reality• The potential for fraud is what drove the use

of voting machines. Voter intent questions come to the forefront, leaving more elections decided by courts and governing bodies.

• Few ballot printing vendors, use of natural resources, and transportation costs of heavy items, along with human resources, make this significantly more operationally expensive.

• In a small recount, hand-counting is accurate, but in large elections with several races, hand-counting is not accurate, and it is very time-intensive.

• We live in a 10 o’clock news society. Voter and candidate expectations are that most or all results will be available by the nightly news.


47

• Johnson County prints ballots in each ballot style to prepare for power outages, provisional voters, advance voting by mail, and persons who request paper. Ballot orders are placed months before an election with our ballot printer in Washington state—few vendors, and none locally, exist that can meet our printing needs.

• A large number of unused ballots, because of the myriad of styles printed, are destroyed, leading to a waste of money but perhaps a chance to repurpose dollars towards ballot-on-demand printing and back-up power capabilities at the Election Office, reducing the chance for a large number of provisional ballots if power were lost during a mandatory advance voting period.

So Why Not Go Back to Paper?


48

Printed Used Blank Ballots Disposed Cost*

2004 692,485 247,071 435,414 $174,166

2006 387,965 46,555 341,410 $136,564

2008 426,860 90,481 336,379 $134,552

2010 316,570 72,026 244,544 $ 97,818

Paper Use Since 2004


Notes:

*--assumes $0.40 printing costs per ballot, numbers are rounded

• Each year represents August and November elections only. Ballots are printed for each election.

• 2004’s presidential election was a 2-page ballot.

• While the current election ballot delivery model requires the printing of more ballots than necessary, these dollars represent a strategic opportunity to perhaps repurpose dollars towards another model, such as ballot on demand printing or vote centers.

• These costs represent printing only—other costs include storage and labor

Vote Center Defined


• Colorado was the first to implement Vote Centers, in 2003.• A Vote Center is very much like an Advance Voting

site – the voter can live anywhere within the county and vote at any voting center.

• Difference is that it can be done on Election Day, too, rather than just Early Voting period.

• A single Vote Center does not have the same operational efficiency of an Advance Voting site, simply because the Vote Center is generally a Super Polling Place on Election Day only, although Advance Voting sites could be used as Vote Centers.

Vote Center ConsiderationsDrivers

• Polling locations are easier to locate.

• Any registered voter within the county can vote at any center without having to return to their own neighborhood polling place.

• Fewer provisional ballots because voters can vote anywhere in the county.

• Fewer additional voting machines needed as the community grows.

• Fewer election workers needed, approximately 25 percent less.

• Fewer locations need to be obtained.

• Sites could be open through the weekend before, blending advance voting with Vote Centers.

Restrainers• Fewer locations available that meet the

requirements (large parking, available space, etc.).

• Significant (unbudgeted) staff resources needed to negotiate leases.

• Sites must be networked together.

• All paper ballots would have to be sent to each site (as many as 1,500 types in Johnson County) for provisional and paper voters or printed on demand.

• Physical security of locations.

• Greater chance of voter receiving the incorrect ballot.

• Voter complaints that the local site has closed, making it harder for them to vote.

• Rent cost could be prohibitive.

51

Advance Voting BenefitsIn-person advance voting creates a better voting experience that could be leveraged in the Vote Center concept:

• Voter convenience—allows voters to vote on their terms.• Election workers are more seasoned—working daily instead

of two or three times a year.• Voting machine utilization reduces the county’s overall capital

investment.

November 2008 Machine Utilization Percentage

Each advance voting site reduced the need for 40 polling places and 200

voting machines.Brian D. Newby, September 8, 2011

52

2008 Physical Capital IssuesOverhangs to the dock

doors were never replaced; equipment becomes wet when loaded in the rain.

Employees park in the grass and mud,

arriving and leaving in the dark.

One of many areas in need of repair in the

parking lot.

This is the secure ballot drop box that was

inadequate in 2008.



• Likely, the Election Office facility will be completely out of space by 2014.• The office must be open, by law, for advance voting. • One way or another, more equipment will be needed by 2016,

even if the additional equipment obtained are laptops to check-in voters and extend the life of the voting machines.

• There is no room to store and fulfill the additional paper ballots expected because of new precincts and parties.

• Warehouse restrooms are not ADA-compliant.• The facility is extremely vulnerable in the event of power failure,

which could delay election results or result in thousands of provisional ballots.

Further Building Issues

Election Laws/Regulations

Elections fall under federal and state oversight:

• National Voter Registration Act (NVRA) governs list maintenance activities

• Help America Vote Act (HAVA) governs election administration

• State statutes detail election requirements

• Secretary of State Standards clarify and enhance state requirements


Voter Registration Requirements

Current Requirements to register to vote:United States CitizenResident of the State of Kansas and the County listed

on the registration18 years of age or older by the date of the next

election


56

The Election Office is responsible for conducting a program that makes a reasonable effort to remove names of registrants who have:DiedMoved to another County or State Inactive voters removed for failure to vote in two consecutive

federal general electionsRequested to be removedAre no longer eligible to vote

Election Office Responsibilities

1) Mail two notices non-forwardable first class mail2) Transfer of voters to “inactive” status

- Maintain for two full federal election cycles (4 years)- Or through the second general election for federal office

following the date the voter was transferred to inactive.

When we conduct a full voter mailing we get thousands of mail pieces to verify.

Election Office Responsibilities


Complete = Registered Incomplete information = Rejected

Incomplete Information= Suspense

Registrant is sent a letter requesting the additional information that is necessary to complete their registration.

If the registrant provides that information= Registered.

If the registrant does not provide that informationNot Registered.

Voter Registration Process

OFFICE OF THE KANSAS SECRETARY OF STATE

NCOA / MASS MAILING / CROSSCHECK RESULTS

2. Receive evidence of a move out of the county.

Send forwardable confirmation mailing to new address and make voter record “Inactive”. Do not update the registrant’s record yet.

Response from voter.

1. Receive evidence of a move within the county.

3. Receive response from post office saying “undeliverable” or “no forwarding address”.

No response – Must fail to vote and have no contact until after second consecutive federal general election, then cancel voter registration.

Voter responds with no change to record. Remove “Inactive” designation.

Voter confirms move out of county, cancel voter’s registration.

Send forwardable confirmation mailing to new address.

Update the registrant’s record with the new address.

Voter responds with move in county, update address and remove “Inactive” designation.

Send forwardable confirmation mailing to address on file and make voter record “Inactive”.


Mass Mailing Process

•When a voter signs in the Signature Roster on Election Day, voting history is updated. •The poll books are scanned in the days following the election to update that the voter voted. •If the voter is inactive this will restore the registration and the voter will become an active voter.•If the inactive voter does not vote, then the voter is removed from the voter file after the proper time has elapsed.

Poll Books and Voter History


61

• Johnson County co-developed and purchased a voter registration and election management system in 1997.

• This system was selected as the same system to be used for the statewide voter registration system, required by the Help America Vote Act.

• Before implementation, in early 2005, the vendor of this system and the Secretary of State’s office terminated these plans, leading to a new selection process and a new vendor, ES&S. ES&S is contracted with the Secretary of State’s office.

• Johnson County pays approximately $40,000 annually for user security tokens to the Secretary of State’s office. The system’s primary missive is to securely process and maintain Kansas voter registration records.

• The system was envisioned as an election management system (ballot design, reporting, and scheduling of workers and supplies) but it hasn’t yet fulfilled this vision, leaving Johnson County to operate two systems (including the now-unsupported legacy 1997 system).

• Replacement of this legacy system would cost approximately $100,000 likely will be necessary unless the state system capabilities are enhanced. While there are plans to enhance the system, there are limitations that have delayed this expectation.

Registration Systems


62

• Johnson County has arguably the most engaged voters in the nation. These voters have high expectations and their utilization of the Election Office supports those expectations be met.

• In 2008, the BOCC approved nearly $230,000 of an approximate $320,000 request for outreach. The Election Office recognized this was the highest amount ever allocated for any outreach project (not just elections) by the BOCC.

• Outreach efforts contributed to a reduction in provisional ballots in 2008.

Voter Investment Issues


63

Key Metrics


2/3 of Johnson County Voters Would Have a

Different Polling Place in 2008 Than in 2004

64

Key Metrics


2004 2008Polling Places

Provisional Ballots

“Lost Voter” Provisionals

286 284

11,301

65

Key Metrics



Provisional Ballots


286 284

11,301

4,267

66

Key Metrics



Provisional Ballots


286 284

11,301

4,267

These would be expected to increase as

turnout increased.

67

Key Metrics


2004 2008

Turnout

Advance Percentage

74.5%

37.8%

68

Key Metrics


2004 2008

Turnout

Advance Percentage

74.5% 78.3%

37.8%

69

Key Metrics


2004 2008

Turnout

Advance Percentage

74.5% 78.3%

37.8% 49.3%

70

Key Metrics



Provisional Ballots


286 284

11,301

71

Key Metrics



Provisional Ballots


286 284

11,301 8,198

72

Key Metrics



Provisional Ballots


286 284

11,301

4,267

8,198

73

Key Metrics



Provisional Ballots


286 284

11,301

4,267

8,198

74

Key Metrics



Provisional Ballots


286 284

11,301

4,267

8,198

668

75

Communications Components

Engage Local Business Partnerships

Leverage County Resources

Leverage City/Civic Resources

Utilize Public Relations Opportunities

Develop Baseline Materials

Utilize Strategic Media Placement

The Election Office had an exhaustive campaign involving the following components, with an initial push focused on the August election.

• Approved dollars by the BOCC for $229,725 came to 64 cents per voter.

• There is no similar effort budgeted for 2012. Without a campaign, provisional ballots are likely to move back towards 2004 levels.


76

Johnson County voters were consistently be reminded that:

Message

• Advance voting is more convenient than ever and can be done in person or by mail.

• Polling places change for each election.

• Voters should check their location before heading to the polls.

• There will be lines at the polling places throughout the day, especially first thing in the morning. THIS IS STILL THE PRIMARY MESSAGE.

Outreach efforts in this document are focused on these specific messages. Other messages and targets (such as encouraging young adults to register) are important but beyond the scope of this particular campaign.


JoCoPoLo and “Express Lane”Public Awareness Campaign and Outreach Program to promote Election Day polling locations and Early Voting Options.

2008 Outreach Approach

64Brian D. Newby September 8, 2011

Jo-Co Po-Lo

www.jocopolo.com

Johnson County Election Office

Website/Phone Calls

70

October phone call volume was similar in 2008 and 2004, but phone calls on election day in 2008 were 3,600 less than in 2004, suggesting an impact from advance voting and outreach efforts.

The two websites had more than one million unique visits,

Oct. 3-Nov. 6


4

Components of Outreach

Johnson County Election Office

Voter types in VOTEKS and

address to short code

Response Received within

60 Seconds

4

JoCoPoLo van, Democracy Posse, and “JP”

Democracy Posse

85

Board of County Canvassers conduct the canvass based on BOCC policy.

• Election Commissioner is the facilitator of the process.

• Provisional ballots are determined by the Special Elections Board, appointed by the Election Commissioner but not staff members. These persons represent a similar composition to a polling place election board or advance voting board.

• Elections staff research and categorize provisional ballots for the canvass meeting.

• Board of Canvassers in some counties actually adjudicate each provisional ballot—and could in Johnson County, but it would require an extensive time commitment by the BOCC members over a period of several days beginning the Wednesday after the election.

• In November 2012, Board of Canvassers, or their alternates, should prepare to be available the full week after the election.

Canvass


86

Provisional Timeline

Brian D. Newby, April 28, 2011

19 Days before Election Day Tuesday, Election Day Tuesday, 11 p.m.20 Days before Election Day

Provisional ballots can be mailed.

Research of voted ballots as they are received in the mail begins by staff.

Election night provisional ballot bags are checked in to confirm all have been accounted for and locked in secure room. Ballot bags remain sealed overnight.

Ballots received after7 p.m. are considered late and not provisional. They are stored separately for review if necessary.

87



Wednesday, 8 a.m. Wednesday, 11 a.m.

Ballot bags are opened and emptied. Ballots in each bag are counted and reconciled against the green sign‐in sheet.

Provisional envelopes are moved to the “E” Room. Counts by EP Code, if necessary to know the number of provisional ballots in close races, are recorded.

Provisional envelopes begin to be sorted by general categories for research. Research follows a checklist to determine if the voter is eligible to vote and if the voter has already cast a ballot.

Wednesday, 9 a.m.

88



Researching of envelopes continues.

Research continues on envelopes.

Canvass summary sheets are drafted. Sheets summarize categories that by law ballots are recommended to be counted and recommended not to be counted. Envelopes simply containing ballots that were cast on paper, but not provisional, are reviewed and held to be tabulated during the canvass recess the following Monday.

Thursday, 8 a.m. Thursday, 2 p.m. Friday, 8 a.m.

89



Saturday, 8 a.m. Sunday, 8 a.m. Monday, 9 a.m.


Envelopes recommended to be processed and those recommended not to be processed are stored separately and tagged appropriately.

Canvass summary sheets are completed and totals are proofed.


Board of County Canvassers convene. The Board recesses while those envelopes recommended to be processed are taken to the E Room and are worked by the Special Board. Results are tabulated for final results and certification by the Board of County Canvassers.

90

Provisional Ballot Metrics “Counted”


Nov.2004

2004Percentage

of Total Counted

Nov.2006

2006Percentage

of Total Counted

Nov.2008

2008Percentage

of Total Counted

Name, Address Change, Correct Polling Place

360 4.7% 1,740 45.6% 2,117 40.1%

Name, Address Change, IncorrectPolling Place

4,267 55.1% 432 11.3% 668 12.7%

Mailed Advance Ballot, Voted at the Polls

585 7.6% 539 14.2% 1,836 34.8%

Total Counted 7,738 3,810 5,280

Percentage of Total Votes

3.0 2.0 1.9

91



Nov.2010

2010Percentage

of Total Counted

Nov.2012

2012Percentage

of Total Counted

Nov.2014

2014Percentage

of Total Counted


1,101 45.6%


224 9.3%


932 38.6%

Total Counted 2,416


1.3

92



Nov.2004

2004Percentage

of Total Counted

Nov.2006

2006Percentage

of Total Counted

Nov.2008

2008Percentage

of Total Counted


360 4.7% 1,740 45.6% 2,117 40.1%


4,267 55.1% 432 11.3% 668 12.7%


585 7.6% 539 14.2% 1,836 34.8%

Total Counted 7,738 3,810 5,280


3.0 2.0 1.9

93



Nov.2004

2004Percentage

of Total Counted

Nov.2006

2006Percentage

of Total Counted

Nov.2008

2008Percentage

of Total Counted


360 4.7% 1,740 45.6% 2,117 40.1%


4,267 55.1% 432 11.3% 668 12.7%


585 7.6% 539 14.2% 1,836 34.8%

Total Counted 7,738 3,810 5,280


3.0 2.0 1.9

94



Nov.2004

2004Percentage

of Total Counted

Nov.2006

2006Percentage

of Total Counted

Nov.2008

2008Percentage

of Total Counted


360 4.7% 1,740 45.6% 2,117 40.1%


4,267 55.1% 432 11.3% 668 12.7%


585 7.6% 539 14.2% 1,836 34.8%

Total Counted 7,738 3,810 5,280


3.0 2.0 1.9

95



Nov.2004

2004Percentage

of Total Counted

Nov.2006

2006Percentage

of Total Counted

Nov.2008

2008Percentage

of Total Counted


360 4.7% 1,740 45.6% 2,117 40.1%


4,267 55.1% 432 11.3% 668 12.7%


585 7.6% 539 14.2% 1,836 34.8%

Total Counted 7,738 3,810 5,280


3.0 2.0 1.9

96



Nov.2004

2004Percentage

of Total Counted

Nov.2006

2006Percentage

of Total Counted

Nov.2008

2008Percentage

of Total Counted


360 4.7% 1,740 45.6% 2,117 40.1%


4,267 55.1% 432 11.3% 668 12.7%


585 7.6% 539 14.2% 1,836 34.8%

Total Counted 7,738 3,810 5,280


3.0 2.0 1.9

97

Provisional Ballot Metrics “Not Counted”


Nov.2004

2004Percentage of Total Not

Counted

Nov.2006


Counted

Nov.2008


Counted

Not Registered 1,806 55.5% 560 60.3% 1,307 44.8%

First Time Voter, No Acceptable ID

1,031 31.7% 72 7.8% 316 10.9%

Incomplete Provisional Envelope

204 6.7% 119 12.8% 945 32.4%

Signature Match 62 8.4% 18 1.9% 102 3.5%

Total Not Counted 3,253 928 2,918


1.3 0.5 1.0

98

Provisional Ballot Metrics “Not Counted”


Nov.2010


Counted

Nov.2012


Counted

Nov.2014


Counted

Not Registered 445 30.1%

First Time Voter, No Acceptable ID

18 1.2%

Incomplete Provisional Envelope

661 45.0%

Signature Match 160 10.8%

Total Not Counted 1,478


0.8

99

Websites


http://www.jocoelection.org

http://my.jocopolo.com

http://advance.jocoelection.org

https://voter.jocoelection.org

http://lwv.jocoelection.org

100

Websites


Facebook: Johnson County Election Office

Twitter:Jocoelection

Podcast:Election Updates on iTunes

Appendix AElection Office, Relevant Statutes

102

Relevant Legislative Authority19-3419a. Salaries and car allowance of election commissioners. The election commissioners in any county shall receive a salary in an amount to be fixed by resolution of the board of county commissioners of the county. On and after January 1, 1977, the compensation so fixed shall be in an amount not less than ten thousand dollars ($10,000) per annum. Such salary shall be an annual salary payable in equal monthly installments.

The election commissioner shall receive a car allowance in an amount to be fixed by resolution of the board of county commissioners.

19-3420. Assistant election commissioners; appointment, salary; expenses. The election commissioner shall appoint one assistant, known as assistant election commissioner, who shall receive an annual salary to be fixed by the election commissioner and shall be paid in the same manner as other county officers and employees, and in addition the election commissioner shall certify to the board of county commissioners the amount necessary for clerk hire and expense, which amount shall be allowed by the board of county commissioners of said county. The board of county commissioners shall also authorize the statutory mileage allowance provided for in K.S.A. 75-3203 for the assistants of the election commissioner, to provide and maintain means of travel within their county. In counties having a population of more than two hundred thousand (200,000) the election commissioner shall appoint two (2) assistants, known as assistant election commissioners who shall be paid as provided for in this act.


103

Relevant Legislative Authority19-3424. Powers, authority and duties; ward and precinct boundaries; notices of elections; printing ballots; election contests; budget. The election commissioner, as a part of his or her official duties shall have and exercise the following powers and authority:

(a) Such commissioner shall establish and fix the boundaries of wards and precincts within the county and in all cities the greater part of the population of which is located in said county. Such commissioner shall accept and file nomination and declaration papers of candidates and declarations of party affiliation.

(b) Such commissioner shall give notice by publication in the official county paper, at least fifteen (15) days before the holding of any election, except as otherwise provided by law, of the time of holding such election, and the officers at that time to be chosen, and any other matters to be voted upon.

(c) Such commissioner shall publish notice giving the proper party designation if required by law, the title of each office, the names and addresses of all persons seeking national and state offices and as certified to such county election officer by the secretary of state, as provided by law, and of all persons from whom nomination papers or declarations have been filed with such election officer as provided by law, giving the name and address of each, the title to such office, the day of the election, the hours during which the polls will be open and the location of the voting place in each precinct or area, and mail to all persons whose nomination or declaration papers are on file with such election officer, a copy of the first issue containing such publication notice.


104

Relevant Legislative Authority19-3424 (cont). Powers, authority and duties; ward and precinct boundaries; notices of elections; printing ballots; election contests; budget. The election commissioner, as a part of his or her official duties shall have and exercise the following powers and authority:

(d) Such commissioner shall have charge of the printing of the ballots for all elections to which this act applies held within the county, or held within any city, school district, township or drainage district located in said county. Such commissioner shall conduct negotiations for the letting of the contract to print such ballots and shall let the contract, with the approval of the board of county commissioners.

(e) Such commissioner shall be the clerk of the court for the trial of contested elections except national and state elections, and all intentions to contest any election shall be filed with said election commissioner, and shall proceed in accordance with any laws of the state dealing with the subject.

On or before July 15 of each year, the election commissioner shall certify to the board of county commissioners an itemized statement showing the amount necessary to pay the salary of the election commissioner, the deputy election commissioner and other employees in the office of the election commissioner and other expenses of said office during the next ensuing budget year and the county commissioners shall cause the same to be included in the county budget for such ensuing budget year. 19-3435. Same; how salaries and expenses paid. That the salaries and expenses of the office of the election commissioner as in this act provided, the cost of printing and distributing the ballots and all other expenses connected with county-wide elections whether primary, general or special elections, in counties having an election commissioner, shall be paid by the county. The expense of all drainage district elections shall be paid by the drainage district holding such election from the general fund of such drainage district.


105

Relevant Legislative Authority19-3435a. Election commissioner; salaries and expenses of office; tax levy, use of proceeds. The board of county commissioners in any county having an election commissioner, is hereby authorized to make a tax levy in each year, in such amount as may be necessary in order to provide the necessary fund for the payment of the salaries and expenses of the office of the election commissioner and of election expenses as provided for in K.S.A. 19-3435 and to pay a portion of the principal and interest on bonds issued under the authority of K.S.A. 12-1774, and amendments thereto, by cities located in the county. Said tax levy shall be in addition to all other tax levies authorized or limited by law and shall not be subject to nor within the aggregate tax levy limit prescribed by K.S.A. 79-1947, or acts amendatory thereof.


Committee Of The Whole September 8 2011 Final Version

Documents

Transcript of Committee Of The Whole September 8 2011 Final Version