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Watching Your States Mail

Ballot Process

BEFORE WE BEGIN
This training provides general guidelines for watching the processing of mail ballots in your
state. For this training, the term mail ballot refers to a ballot that is delivered for processing
in a signed envelope, where processing involves verifying the voters signature prior to
opening and counting the ballot. Mail ballots include absentee ballots, Uniformed and
Overseas Citizens Absentee Voting Act (UOCAVA) ballots and provisional ballots. Note that
your state may call Election Watchers observers or other terms.
You will need to do your own research to determine your states laws regarding mail
voting. Some states are 100% vote by mail. Some allow no excuse mail voting while others
require proof of illness or absence to vote by mail. Some states have more military or
overseas voters than others, so they process more UOCAVA ballots. Per federal law all states
require provisional voting (voting when a persons name is accidentally omitted from the
roster), yet some states have a higher percent provisional ballots than others.
Check out the chart on the next page to see the prevalence of mail ballots in your state.
If your state has a small percentage of mail ballots but is identified as a state with high early
voting, check with your local election official to see if the early votes are delivered in signed
envelopes and require processing similar to mail ballots.
Before you train as an Election Watcher, first check with your county to see if they
need poll workers or mail ballot processing workers. As a citizen committed to election
integrity, you will have the biggest impact as an election worker. You may even get paid!

MAIL BALLOT VOTING BY STATE

Observation changes things.


--Catherine Engelbrecht
True the Vote Founder and President

Remember throughout your time as an Election Watcher, simply showing up and


quietly observing the process makes a significant difference in the integrity of
elections. Having watchers present changes the mindsets of the election workers so
that they are encouraged to become more diligent in following required ballot
processing and security procedures.

ELECTION WATCHER QUALIFICATIONS

Volunteer watchers should:


Be able to stand for long periods of time.
Be able to see and accurately document fast-paced processing activities.
Be professional at all times, follow the rules of conduct, be civil and respectful.
Be available to work before, on and/or after Election Day.
Ideally have a flexible schedule as processing dates and times can change.
Ideally live near a ballot counting center.

HOW TO BECOME AN ELECTION WATCHER IN YOUR STATE


Start NOW researching your states laws on Election Watchers so you are
prepared well before Election Day.
Research your states requirements to be an Election Watcher:
Who is eligible?
Must one be appointed by a candidate or political party or can anyone be a
watcher?
Is there official training or certification that one must complete?
Phone your county or local elections office for quick answers about being an
Election Watcher.

KNOW YOUR STATES LAWS FOR MAIL BALLOT PROCESSING


Ballot processing usually begins as soon as mail ballots are received by election
officials, so its important to familiarize yourself with your states election laws well in
advance of the election and prior to your first meeting with local officials.
Visit your Secretary of States website and research the latest version of the
election law. Relevant areas of the law include:
Watcher Rights to View and Challenge
How many Watchers are allowed to observe at one time?
Are Watchers are allowed to watch signature verification and other ballot processing
activities at a close enough distance to easily see and hear the processing
activities?
Are Watchers allowed to challenge decisions made by processing clerks?
If challenges are allowed, how are they to be presented and to whom?
Publishing Requirements
Are the election officials required to publish a list of those who returned mail
ballots? If so, how often?
Are the election officials required to publish a ballot processing schedule? If so, how
much notice must they give to Election Watchers?

KNOW YOUR STATES LAWS FOR MAIL BALLOT PROCESSING


cont.
Return Ballot Envelope Requirements
What are the required elements that must be printed on the exterior of the mail
ballot return envelope? These might include a line for the voter to sign, the voters
name and address, etc.
Must the return envelope include information about allowing a third party to
deliver ones ballot?
What are the required elements that must be printed on the exterior of the
provisional ballot envelope? Per federal law, this should include a statement for
the voter to sign that the s/he is registered in the jurisdiction.
Must the mail ballot and/or provisional materials include a privacy envelope or
sleeve?
Receiving of Ballots
What is the last date and time a domestic mail ballot can be received to be
counted?
What is the last date and time for military and overseas ballots to be counted?

KNOW YOUR COUNTYS PROCEDURES


As soon as you are certified as an Election Watcher:
Contact your local or county elections official and arrange to tour the ballot counting center. Ask him or
her to walk you through each processing station and procedure so you are familiar before the election and
establish a working relationship. Ask...
What are the procedures for entering the counting center? Do I need an appointment or can I just drop in?
Can I be assigned a point person and what is his or her name and contact information?
How many Watchers are allowed at a time in a processing area?
What are the rules about Watchers taking notes?
Where are Watchers allowed to stand and watch signature verification and other activities?
Do these locations allow the Watcher to easily view and hear the activities?
How and to whom should the Watcher present questions or challenges?
What is the ballot processing schedule and how/when can I receive advance notice of schedule changes?
How are signatures compared and what defines a match or mis-match?
Are signature verification machines used to compare signatures or are all done manually?
If a machine is used, what happens if the machine identifies a signature as discrepant?
What happens to ballots that both the machine and clerk reject for signature discrepancies?
May Watchers challenge a specific signature decision? By what procedure?
What are the ballot duplication procedures (for damaged, etc. ballots)?
How do you ensure that a mail or provisional voter did not also vote in person?
What are the ballot security procedures, including delivery from the post office, storage of ballots before
and after counting, movement of ballots within the center, etc.?
How are electors votes kept private when opened?

KNOW YOUR COUNTYS PROCEDURES cont.


During your tour of the counting center...
Secure a copy of the countys training document for provisional ballot processing. This
will give you a framework against which to compare your observations. Note whether any
elements of training appear inconsistent with state law.
Secure a copy of both sides of the provisional ballot envelope. Note whether the
information written on the outside of the countys envelope appears inconsistent with state or
federal law.
Secure a copy of the countys training document for signature verification. This will give
you a framework against which to compare your observations. Note whether any elements of
training appear inconsistent with state law.
Secure a copy of both sides of the mail ballot return envelope. Note whether the
information written on the outside of the countys envelope appears inconsistent with state law.
Request to attend the countys Logic and Accuracy Test (if they conduct one), during which
the procedures and machines are tested and publically certified.
Do NOT sign the certification in case you later need to challenge a procedure that fails in
practice (politely decline if offered, stating that you are too new at observing).
Contact your point person immediately if county procedures and/or materials appear to
be inconsistent with election law. Document any unresolved inconsistencies on Incident
Report forms.

LETS GO!
On the following slides, you will learn the Rules of Conduct and all about the four
areas of mail ballot processing.
At the end of this training module, there is a very important section called Creating
Election Watcher Incident Reports. There you will find a printable Election Watcher
Incident Report form, learn how to recognize and document incidents and how to
submit them to your state and county election officials.

RULES OF CONDUCT
Please follow these rules during your time as an Election Watcher:
Wear comfortable but professional clothing. Bring a jacket or sweater as needed.
Do not wear political clothing or accessories.
Wear comfortable shoes since you may be standing most of the time.
Do not wear perfume or cologne.
Sign in at the front desk under the appointer for whom you are observing, NOT under True the
Vote.
Bring your certification papers, a copy of this training document, Incident Report forms, a
clipboard, pencil, blue ballpoint pen and note paper.
Turn off your cell phone. Calls, photos or recording are not allowed in the counting center.
Take a snack and drink but do not eat or drink inside the ballot processing areas.
Come fully rested and attentive! This is detailed and repetitive activity to observe. It requires your
full attention.
If you are working with others in shifts, arrive 10 minutes early so the Watcher you are relieving
can brief you.
Speak only to the Watcher Contact and not the Election Judges or others processing ballots.
Do not engage with campaign workers or other Watchers and do not take breaks or meals with
them.
Never touch materials, machines or personnel.
Never interfere with the orderly conduct of any aspect of the election process.
Never record or disclose confidential voter information.
Never disclose any election results before they are officially reported.

1 . SIGNATURE VERIFICATION
The majority of your time will be spent observing signature verification. This involves an election worker (clerk)
comparing the signature on a ballot return or provisional envelope to the voters signature on his/her voter
registration card.
Research your states law regarding signature verification, including:
Does your county election official provide training to clerks on signature comparison techniques? If so, obtain a
copy of the training document at your pre-meeting and walk through the procedures. The training may include
elements such as these for the clerk to consider when comparing signatures:
o An obvious change in the signature slant.
o A printed signature on one document and a cursive signature on the other document.
o A difference in the signatures size and scale.
o A difference in the signatures individual characteristics, such as how the ts are crossed, the is are
dotted or loops made on ys or js.
o A difference is the electors signature style, such as how letters are connected at the top and bottom.
o Evidence that ballots or envelopes from the same household have been switched.
o Any other noticeable discrepancy such as misspelled names.
What are the laws if a signature verification machine is used and is unable to determine whether a signature
matches?
Who makes the final decision about discrepant signatures and how?
Is the voter contacted if a signature is discrepant or missing?
What happens if there is disagreement among the clerks concerning a signature match?
What happens with signatures suspected to be fraudulent?
What happens if a mail or provisional voter also voted in person?

1 . SIGNATURE VERIFICATION cont.


When observing the clerks verifying signatures, note and tally as necessary...
the name of the clerk you are observing
envelopes with no signature being accepted by the clerk
envelopes with what you believe to be a discrepant signature being
accepted by the clerk
envelopes with what you consider a matching signature being challenged
by the clerk.
If envelopes with no signatures OR discrepant signatures are accepted by the clerk
and if you have the right to challenge the signature, quietly, but immediately,
address challenges to your point person.
Observe long enough to assess the work of the signature verification clerk
and, if necessary...
quietly address any additional problems with your point person;
document unresolved incidents on Incident Report forms.

2 . BALLOT RESOLUTION AND DUPLICATION


Once the signature on a ballot return envelope is verified, it can be opened and the ballot removed.
In some cases, a ballot is damaged or otherwise unreadable and cannot be run through the ballot
scanner. UOCAVA ballots are sometimes faxed in and may be unreadable by the scanner. There may
also be over-votes and ambiguous markings. In these cases, the ballots may need to be resolved
and duplicated. This is done by people appointed and trained for this activity.
Research your states laws, including:

How are damaged and otherwise unreadable ballots identified and handled?

What are the requirements to be a worker who resolves and duplicates ballots?

What are the laws and procedures for ballot duplication?

During duplication of ambiguously-marked ballots, how is voter intent determined?

How are blank ballots inspected and handled?

How are duplicated ballots required to be documented and stored?

Observe the ballot resolution and duplication activities and, if necessary...


quietly address any problems with your point person
document unresolved incidents on Incident Report forms.

3 . BALLOT COUNTING
Once the signature on a ballot return or provisional envelope is verified, it can be
opened and the ballot removed. During the opening of ballots, there should be some
means of obscuring how voters actually voted. The ballots will then be grouped
together and counted by vote tabulating equipment.
Research your states laws, including:
What are the requirements for persons who process and count the ballots?
Who is allowed access to ballot counting equipment?
How soon may ballot processing and counting begin?
After what date and time can counting results be released?
How are results kept secret before that time?
Observe the opening of ballot envelopes, privacy and counting practices
and, if necessary...
quietly address any problems with your point person
document unresolved incidents on Incident Report forms.

4 . BALLOT SECURITY
When you meet with your local or county election official, he or she should walk you through
procedures for securing ballots and vote counting equipment.
Research your states ballot security laws, including:

How and where are processed and unprocessed ballots required to be logged, sealed and stored?

What are the requirements for persons engaged in processing and counting of ballots?

What are the laws for supervising outsiders such as Election Watchers, campaign workers,
vendors, etc.

What kind of identification is required to visually differentiate authorized persons from


unauthorized?

What are the laws regarding use of passwords or identification to access sensitive areas?

What are the laws concerning connection of the vote counting equipment to the Internet or
allowing wireless capability?

Are video security surveillance recordings required and in what areas?

Observe the handling and storage of processed and unprocessed ballots and use of
equipment and if necessary...
quietly address any problems with your point person
document unresolved incidents on Incident Report forms.

CREATING ELECTION WATCHER INCIDENT REPORTS


Completing Incident Reports
Only report incidents that are actionable:
o They appear to you to be possibly non-compliant with state laws or procedures AND
o They have been brought to the attention of your point person or appropriate official AND
o They remain unresolved.
IRs are not designed to be a diary of activity you observe; only report apparent unresolved
irregularities/exceptions to the law.
Focus
o
o
o
o

on the facts of the incident and do not be emotional or judgmental. Report:


When (full month/day/year and time of day)
Where (name of location and full location address)
Who (names and titles of each person involved)
What (apparent inconsistency, specific actions, words and/or documents observed).

You may not be allowed or able to take detailed notes in the counting center. When that occurs, complete
your IRs as soon as you leave the facility, when your recall is best.
Avoid citing specific laws on your IR. Its best to state the facts of the incident and that it [the reported
conduct] may be inconsistent with election law. Leave quoting the exact laws to election lawyers.
Complete IRs in blue ballpoint pen.
Sign and date the bottom of each IR where specified.
Attach additional papers if needed and identify the attachment by name, date and number of pages above
your signature on the IR.

CREATING ELECTION WATCHER INCIDENT REPORTS cont.


Submitting Incident Reports
Once you (and others if working as a team) have completed your IRs, you will submit
them to the appropriate election officials.
Make a copy of each IR and its attachments, if any. Submit the copies and keep
the originals.
Write a cover letter summarizing the incidents and attach the IR copies. When
significant, point out good work you observed in the course of detailing the
incidents of unresolved apparent non-compliance. Do not be accusatory. Rather,
state that the incidents appear to be inconsistent with election law, hence, noncompliant.
Sign the letter as a watcher for your appointing party, NOT True the Vote.
Recipients of the cover letter with IR attachments should include your appointing
party, the county election official, Watcher Contact and the state elections office.

THANK YOU FOR BEING AN ELECTION WATCHER!


Election Watchers are critical participants in our election process.
Your time and effort will assure that the election is
conducted with integrity and voters rights are protected.

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