Joseph Rozell, CERA Oakland County Director of Elections

Michigan Association of Municipal Clerks Free Education Day

Background

• Director of Elections, Oakland County – January 2007 to Present

• Adjunct Professor, Oakland University – August 2011 to Present

• Mayor Pro Tem, City of Huntington Woods – November 2015 to Present

• High School Football and Basketball Referee – June 1996 to Present

Precinct Delegates

Who are Precinct Delegates?

Delegates are elected in

each Precinct

Delegates attend a County convention to

select State convention Delegates

State convention Delegates meet and select nominees to

certain offices (State Supreme

Court, University Boards, etc.)

How are they determined?

The county chairperson of each political party certifies to the county election commission on or before April 1st the number of precinct delegate positions to appear under the party’s vignette in each precinct in the county.

Precinct Delegate – Filing Facts

Delegates may use the regular Affidavit or the specially designed Delegate Affidavit.

Must file at County Clerks Office in person or by mail. Write-ins must file at City/Township

Clerk’s Office.

No petition signatures are required.

May also file for another office on the ballot (Precinct Delegates are NOT public offices).

May not serve as a precinct inspector in the precinct where they appear on the ballot.

Precinct Delegate Affidavit of Identity

• Filing Official • County Clerk

• Filing Deadline • May 3, 2016 by 4 p.m.

• Withdrawal Deadline • May 6, 2016 by 4 p.m.

• Local Clerk cannot accept Delegate filings and forward to County Clerk

Precinct Delegate Write-In Candidate

•Filing Official •City/Township Clerk

•Filing Deadline • July 29, 2016 by 4 p.m.

•Precinct Filing •As an alternative this form

may be filed at the precinct on day of the election.

• If filed on election day, notary is not required. Election Inspector acts as witness or “notary”.

Precinct Delegate – Certification Facts

The Board of Election Inspectors are responsible for certifying delegates if AV ballots are processed in the

Precinct. Delegates are NOT canvassed by the Board of County Canvassers.

The Receiving Board is responsible for certifying delegates if AV ballots are processed in an AV Board.

IMPORTANT! – The County cannot correct or alter the delegate booklet after it is submitted on election night. It is

what it is! Don’t put yourself in a position to have Delegates upset with you!

WARNING! WARNING! Make sure the Delegate

booklet is complete before it goes to the

county!

Precinct Delegate Booklet Let’s review what

should be completed in advance of sending to the Precinct.

Complete cover page

Note: This should be

done in advance

Complete pages 2 and 3 of delegate booklet

• Clerk should complete the heading and prefill the name of each Precinct Delegate candidate listed on the ballot

• Also, prefill any valid write-in candidates using name they listed on write-in declaration

• Enter the number to be elected (from tape or ballot)

Certificate of Election Inspectors

• Complete county, jurisdiction and precinct number

• Complete date

Election Inspector Completion of Booklet Page 2 – Republican Party Page 3 – Democratic Party

Write-in Declaration

• Filed with City/Township Clerk’s office

• Clerk holds onto write-in declaration until Election Day

• Give to precinct workers at Precinct (and AV board if applicable) on the day of election

• Placed inside delegate booklet and sent to the County on election night

Recording Write-in Votes

• Review each ballot that contains a valid write-in vote – do not record vote totals for candidates that did not file a write-in declaration

• Record each name variation as written on the ballot

• Give 1 tick mark for each name variation with a valid vote

• Record total write-in votes and carry over to Pages 2 and 3 of the delegate booklet

• Precinct board is responsible for determining acceptable name variations of write-in candidates

Vote Totals

Republican totals tape Democrat totals tape

Complete pages 2 and 3 of booklet

• Using the totals tape carefully record vote totals in Column 2

• Using write-in tally record vote totals for any valid write-in candidates

• If using a separate AV board do not complete columns 3, 4 and 6

• If no separate AV board, complete column 6

Certificate of Election Inspectors

• All Election Inspectors at the precinct will sign and list phone number

Place in County Clerk Envelope and deliver to City Hall

If AV’s are counted in a counting board, the AV board will complete this portion of the delegate booklet

Write-in candidates

• Complete Page 6 using the same process that was used in the Precinct.

• Instruct Election Inspectors to notify clerk of any Delegate Write-in filings at the precinct.

AV Vote Totals

Republican AV totals tape Democrat AV totals tape

Absentee Counting Board Statement of

Votes • List candidate names

• List valid write-ins using

write-in declaration

• Using totals tape, list vote totals

• Each member of the AV board must sign

• Transfer vote totals to Pages 2 and 3 of the delegate booklet

Receiving Board - Finalizing Pages 2 and 3 Complete columns 3 and 4 and place a check in column 6 if elected.

Receiving Board • Receiving board

located in City Hall will double check that the booklet is completely filled out

• They must sign and list phone number

Receiving board will seal booklet in envelope to County Clerk

After election, the County Clerk’s Office will mail notices to elected Delegates

Just a few reminders It is your responsibility for overseeing the certification of

delegates on election night – corrections will not be made after election night

All write-in declarations must be placed inside the precinct delegate booklets and sent to the County Clerk’s Office on election night

Double and triple check vote totals and those elected to avoid angry precinct delegates contacting your office

If there is a tie vote, place a check mark in column 6 and write “Tie” - County Clerk’s office will determine the winner.

Most common errors come from not properly recording write-ins and not properly recording AV votes (if the AV’s are counted in a separate counting board)

It is imperative that all signatures are recorded on the Certificate of Election Inspectors

Recountability

Why are recounts important?

Let’s watch a video together

https://www.youtube.com/watch?v=ssTe4rTxhoE

You don’t want to end up on the news or charged with a crime!

County Canvassers and Elections Staff when an Election isn’t recountable

County Canvassers and Staff

Topics

• Filing for a Recount (Who, What, Where and When)

• Scheduling a Recount

• Conduct of a Recount

• Clerk’s Preparation Before Election

• Receiving Boards

• Review of common issues that impact recountability

Filing for a Recount • Who can file?

• A candidate for the office in which the recount is sought.

• For a local ballot proposal, any registered elector who voted in the election may petition for a recount.

• What do they file? • The candidate or elector must file a petition

alleging fraud or mistake. • Where do they file?

• The filing takes place with the Clerk of the Board of Canvassers that originally canvassed the office. This will either be the Bureau of Elections or County Clerk’s Office.

Filing for a Recount

• When can they file? • The candidate or elector must file within 6

calendar days after completion of canvass. If the 6th day falls on a weekend or holiday, it moves to the next secular day (ex. Sunday deadline becomes Monday). They cannot file before the canvass is certified!

Filing for a Recount • What is the cost to file?

• The deposit amount is either $25 per precinct or $125 per precinct depending on the vote differential between the petitioner and winning candidate (or, in the case of a proposal, the differential between Yes and No votes).

• Normally $25 per precinct • $125 per precinct, if the official canvass of votes

shows that the number separating the winning candidate and the petitioner is more than 50 votes, or 1/2 of 1% of the total number of votes cast in the race, whichever is greater.

Filing for a Recount

• Who pays the actual costs of the recount? • The local unit (city, township, village, school

district, etc.) is responsible for the full cost of the recount (less the deposit if the result doesn’t change) for local offices. The county is responsible for county-wide and state offices.

Scheduling a Recount

• When will the recount be? • For recounts involving candidates, the

recount cannot begin until the seven day objection period elapses.

• For a recount involving ballots containing State or Federal candidates, counties must also receive clearance from the SOS before proceeding.

• When will I be notified? • Once the petition is filed, the County Clerk’s

Office will work with you to schedule a date, time and location for the recount.

Scheduling a Recount • What will I need to bring?

• This will depend on the type of recount being conducted (machine or hand). (see sample checklist)

• The primary difference is whether you will need to supply your voting equipment, etc. for tabulator recounts.

Conduct of Recount • The Board of County Canvassers selects

the method of recounting ballots. Typically, the Board decides at its organizational meeting, how recounts within the county will be conducted.

• The Board may elect for a tabulator recount or hand recount. The method varies by county.

• Recounts conducted under the authority of the Board of State Canvassers (state and federal office) are done by hand.

Conduct of Recount • Recounts are public meetings of the Board

of Canvassers. They must be posted in accordance with the Open Meetings Act and accommodations must be made for the public and/or media.

• Each candidate may appoint two (2) observers at each table who may challenge the decisions of the Board or their assistants.

Conduct of Recount • Before a recount can proceed, the Board of

Canvassers will review a checklist to determine if a precinct is recountable. (see sample) • The seal must be properly affixed to the ballot

container. (#1 problem with recountability) • An approved ballot container must have been used to

secure the ballots (#2 problem with recountability) • The number on the seal must match the poll book and

container certificate. • The number of ballots inside the ballot container must

equal the number of voters according to the poll book. • If there is an issue with any of the above

requirements, the precinct will likely NOT be recountable.

Conduct of Recount • For tabulator recounts:

• The memory card will be zeroed out • A preliminary accuracy test will be conducted • Duplicate ballots will be matched to the

originals (another common recount issue) • The ballots are re-tabulated

• For hand recounts: • The ballots will either be sorted into stacks

(Yes/No or two candidates) and then counted or tally clerks will be used to record votes for 3 or more candidates.

Clerk’s Preparation before Election • Make certain that all ballot containers are

approved by the Board of Canvassers. • Do they all have valid stickers? • Did you purchase new containers that might

require approval stickers? • Make certain your preliminary/public

accuracy testing is complete, accurate and sealed. • Are you following the State guidelines for test

decks? • Do all candidates and proposal responses

have a different number of votes?

Clerk’s Preparation before Election • Your Election Inspector and Receiving

Board training should put emphasis on recountability. • Do you have inspectors practice sealing the

container? • Is your receiving board using the State

checklist that focuses on recountability? • Does your training cover how to duplicate

ballots properly? • Are your inspectors regularly checking the

number of voters in the poll book against the number of ballots cast on the tabulator?

Receiving Boards • What are the benefits a Receiving Board?

• Receiving Boards can help clerks catch and correct errors before envelopes are sent to the county.

• Avoid making trips to the County/Board of Canvassers

• Improve chances of recountability (seal verification)

• As of August 15, 2012, Receiving Boards are required by Michigan election law, MCL 168.679a.

Receiving Boards • MCL 168.679a(1) – Provides that the legislative body of

a city, township or village shall, by resolution, provide that one or more boards of elections inspectors be appointed to serve as receiving boards. • Local Election Commission makes the appointment. • Minimum of 2 inspectors per board. • Must have an equal number from each major political

party. • Must take a separate Oath that indicates “Receiving

Board Member” • Notes:

• Clerk cannot serve as a member of Receiving Board • Deputy Clerk (or office staff) may serve, but they

must be appointed (meet qualifications), declare party and take Oath.

Receiving Boards • MCL 168.679a(3) – The Receiving

Board is responsible for opening the sealed envelope(s) and reviewing the Poll Book and Statement of Votes to verify the following: • Ballot Container Seal – VERIFY the ballot

container is sealed correctly and the seal number is properly recorded in the Poll Book.

• If the container is not properly sealed, or the seal number is not properly recorded, the board and the 2 inspectors shall make the necessary corrections. The correction must be noted in the Poll Book. (MCL 168.679a(3a)

Receiving Boards • Ballots Cast – VERIFY that the number of

voters according to the Poll Book equals the number of ballots according to the Statement of Votes and Totals Tape. • Note: Boards in jurisdictions using EPB will be

required to print the List of Voters, Ballot Summary Report and Remarks pages at this point.

Receiving Boards

• If the number of voters does not equal the number of ballots cast, and no explanation exists, the board shall: • Question the Inspectors • Note the explanation in the remarks section • All present shall sign the notation

• The Receiving Board does not have the authority to reprocess the precinct ballots. Inspectors should not seal the used/unused ballots and leave the precinct if it does not balance.

Receiving Boards • MCL 168.679a(4) – If the Poll Book or

Statement of Votes are inadvertently sealed inside the ballot container, the following must occur: • The inspectors will open the ballot container and remove the

Poll Book and/or Statement of Votes. • The inspectors and receiving board members shall record a

notation in the remarks sections of the Poll Book and immediately reseal the ballot container before doing anything further.

• The Receiving Board has no authority to open the ballot container in any other instance! In the event a ballot was not sealed in the container, it must be sealed in an envelope with a red paper seal and taped to the outside of the ballot container.

Receiving Boards

• Let’s Review the State’s Receiving Board Checklist

Receiving Boards

Sealing Issues • The primary issue that prevents a

precinct from being recounted is an illegal ballot container or improperly sealed ballot container. • How can I avoid this?

• Make certain you are using an approved container. • Do NOT use canvass bags! Throw them away or

only use them to store ballots for the federal retention period.

• When using a metal seal, always use a horseshoe. • Every ballot container seal must have a certificate.

(ex. Blue double door)

Sealing Issues • Let’s review some common sealing issues Sally Seal says

“Practice makes perfect with sealing ballot containers.”

Sealing Issues • Not an approved ballot container!

Sealing Issues • Wrong Way – Missing Horseshoe

Sealing Issues • Without Horseshoe, Container can be

opened

Sealing Issues • Correct Way – With Horseshoe

Sealing Issues • Wrong Way – If zipper isn’t folded back, can

unzip

Sealing Issues • Correct Way – Zipper folded back over

eyelet

Sealing Issues • Double Zipper Blue Bags should have zipper

eyelets closed!

Problem!

Sealing Issues • Grommets should be purchased and snapped in

place to close eyelets!

Good!

Sealing Issues • Double Zipper Blue Bags sealed incorrectly.

Sealing Issues • Double Zipper Blue Bags sealed correctly.

Sealing Issues • Double Door Containers need a certificate on

both doors!

Duplication Issues • Ballots must identify “ORG” and “DUP” for

matching!

Duplication Issues • Each ballot, Original and Duplicate, must be

numbered to correspond to each other!