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Election Review Report submitted to the Dona Ana County Commissioners September 26, 2006 by Election Task Force EXECUTIVE SUMMARY This Report sets forth the investigation and recommendations of the Dona Ana County Election Task Force appointed by the Dona Ana County Board of County Commissioners in June, 2006. The goal of the Task Force was to present positive, helpful, and effective suggestions to improve the election process in Dona Ana County. The Task Force was comprised of 9 individuals possessing a wealth of experience in election-related matters. The Task Force included former poll workers. former candidates for public office. former appointed officials in state and local government, the respective chairs of the Democrat and Republican parties. as well as representatives from concerned organizations. As part of its investigation. the Task Force conducted interviews with the majority of the Bureau of Elections employees. The Task Force held four public hearings in areas throughout Dona Ana County to elicit public input. The Task Force interviewed officials from other counties in charge of the election process. The Task Force uncovered many problems in the Bureau of Elections. The Bureau of Elections suffers from relatively high turnover, low morale, and a lack of organizational cohesion. These problems have resulted in failure to apply the Election Code properly. inconsistent training of poll workers, and canvassing delays that have damaged the public image of the election process in Dona Ana County. The Task Force recommends the hiring of a qualified head of the Bureau of Elections with managerial experience. revision of the organizational structure of the Bureau of Elections. Creation of both a training program and a statutory compliance program that will ensure consistent training of poll workers and proper application of the Election Code.
I. Preface This report is respectfully submitted to the Dona Ana County Board of County Commissioners (BOCC) in fulfillment of the Charter of the Dona Ana County Election Task Force, dated June 27, 2006. The Task Force was established to provide the BOCC with a review of the Dona Ana County election process and recommendations for ways to improve that process, through a panel of public citizens. These citizens include: Co-chairs Maria Silva-Sutton, political activist, Republican and Lynn Ellins, Chair of New Mexico Common Cause, temporary Bureau of Elections supervisor, Democrat; Judy Baker. Internal Revenue Service, Democrat; Sid Goddard, Republican Chair of Dona County; Vicki Harder, private citizen from southern Dona Ana County, Democrat; Connie Lee; President, League of Women Voters, Republican; David Lutz, lawyer, Republican; Melinda Whitley, Democratic Chair of Dona Ana County; and Felicia Ybarra, former NMSU Student Regent, Independent. The Task Force would like to express thanks and appreciation to the BOCC for having offered this opportunity to contribute to the improvement of the election process in Dona Ana County. It is also important to acknowledge the work of Bob Hearn, our volunteer record-keeper, webmaster, and all around assistant. The effort and contributions made by Bob helped streamline the data collection and synthesis for the Task Force. The Task Force would also like to thank the Bureau of Elections staff and County Clerk for making themselves available to us and cooperating with the interview process. The findings and recommendations in this report are provided to serve as positive, helpful, and effective contributions to the improvement of the election processes in Dona Ana County. We believe that it is also important to follow up on our recommendations. II. Introduction The Dona Ana County Task force reviewed many facets of voting in the county. It reviewed procedures and processes within the Bureau of Elections office via employee interviews, conducted public hearings to obtain citizens' perceptions of the running of elections, including voting (early, actual, absentee, and provisional), and the assistance provided by poll workers. The Task Force also compared the workings of the Dona Ana County Bureau of Elections to election bureaus in similar New Mexico counties. In addition, the task force members themselves contributed to the effort by sharing their own experiences with the election process in the county. III. Observations IlIa. Bureau of Elections Office Staff Bureau of Election (BOE) employees were interviewed by members of the task force over an approximately ten day period. The interviews were optional and the employees' identities were guaranteed to be kept confidential. However, current employees agreed to be interviewed. Due to the time limitations of the Task Force and to keep the interviews from interfering with the employees' work we divided the interview teams into three groups of two (one Democrat, one Republican) and one group of three (one Democrat, one Republican, one Independent). Organizationally, the BOE staff was found to be a loosely knit group of individuals. The office has little or no cohesive bond or structure. The more senior personnel are not allowed to direct the activities of the newest members of the department, mentor their activities, assess their performance or assist with structured training programs and their attendant evaluation and performance qualification ratings. We also found few long-term employees within the BOE; for example, there are only two staff members who have worked in the central office longer than three years and only one employee in the warehouse who has worked there for nine years. A review of the job descriptions revealed that the office staff members are all classified as Document Technician or Document Technician Assistant-generic descriptions that do not provide bureauspecific detail of qualifications or duties. IIIb. Bureau of Elections Pre-election Procedures The loose structure and lack of proper supervision in the BOE office had a detrimental affect upon day-to-day operations that need to be performed. These include: updating of the voter registration roster, mandatory street files, poll worker recruitment and training, identifying polling locations, and the issuance of absentee voter ballots. Through our investigation we found that the voter registration roster must be constantly updated in order to add and remove voters such as those who no longer live in the area, have died, or been convicted or cleared of a felony or seek to become newly registered. Our county rosters have too often not undergone these updates or they are not always done in a timely fashion. This oversight has resulted in an excessive use of provisional and absentee ballots in Dona Ana County elections. In both Santa Fe and Otero Counties updating of voter registration files is an ongoing process and results in a minimum number of provisional ballots that must be checked during the canvass. Outdated voter registration rosters create a vulnerability in the election process and increase the potential for voter fraud. We are informed that the BOE must immediately hire at least two temporary employees thru Election Day to help remedy this situation. Street files are another critical area that must be worked on constantly due to the rapid growth occurring throughout the county. It is through the street files that voters are placed into their correct voting precincts. According to employee interviews, the office is significantly backlogged on updates to street files. Additionally. the poll worker database is outdated and incomplete and the task force found that the assignment of poll workers has not followed state statutes, which clearly stipulate that poll workers must first be chosen from the major parties' lists of recommendations before selecting from any secondary lists. The Task Force heard testimony that although the Democratic and Republican parties submitted lists of poll workers to the BOE, those lists were not used first, as legally required. Further testimony revealed that some poll workers who signed up and attended training (sometimes multiple trainings) were not assigned a polling location. In addition, the Task Force was informed during the public hearings about poll workers who did not work but were paid and those who did work and were not paid. Poll worker recruitment is a problem throughout the state. In Sandoval County the poll workers who have worked for many years are now aging and the County Clerk is having trouble replacing them. In Otero County there is an effort to recruit high school and college students as poll workers because of their stamina and dependability in following directions. During the public hearings the Task Force heard from poll workers who are of retirement age and find it difficult to work the 14-16 hours needed during an election. Public hearing testimony indicated that several had given up being poll workers because they were no longer able to work the long hours. Many of these same individuals indicated that they would be interested in working a split shift. However, the Task Force is aware that if this suggestion is implemented it would practically double the number of poll workers needed to be recruited.
Poll worker training has been inconsistent. Various staff members have conducted poll worker training but were never adequately prepared to handle this important responsibility. At times BOE staff members had no advance notice that they were doing the training and went in at the last minute. unprepared. A testimony from the Sunland Park public hearing informed the Task Force that at the training in Anthony for the 2006 primary election. the poll workers were locked out of the Anthony Senior Center and were trained while sitting outside the building. Another person testified at the first Las Cruces public hearing that the training was "OK for an experienced worker." Overall. the public hearings data indicated that 56% of respondents felt that the training was adequate while 44% felt it was inadequate (see Appendix). Fifty-six percent strikes the Task Force as a failing grade. IIc Bureau of Elections Election Day procedures-Poll Workers On Election Day the focus of the work is primarily carried out by the poll workers. They are required to report to their polling locations at 6 a.m. and open the polls promptly at 7 a.m. From BOE employee interviews and the public hearings the Task Force found that in Las Cruces the poll workers are most likely to show up on time. and 6 out of 7 public hearing attendees said that their polling place was 100% covered (see Appendix). It is in the more rural portions of the county. especially the Sunland Park area. where poll workers do not show up for their assignments. Task Force members Vicki Harder and Maria Sutton have worked as poll workers in Sunland Park. Over 95% of the time they worked the polls they were the only poll workers who showed up at their polling location. BOE support for poll workers includes a toll free phone number and roaming technicians to assist with voting machine problems. However. The technicians are not always versed in voting procedures. Error free closing of the polIs depends greatly on the expertise of the Presiding Judge in each precinct. Comments received by the Task Force regarding the most difficult parts of the procedure included: being in a hurry when closing the polls, reconciling the voting registers, and running tapes and lining out the signature registers. Checking in voting materials is done by the Presiding Judge of each precinct. Las Cruces area Presiding Judges return their materials directly to the BOE. According to testimony. this can be a frustrating end to a very long day. Presiding Judges testified that they encountered a chaotic environment when they arrived to turn in their election materials; there was no systematic approach. In the rural areas of the county the voting machine technicians pick up the voting materials at each precinct or at a pre-determined location. There is no checking for completeness of the materials being turned in by the Presiding Judge by the voting machine technician. IIId. Bureau of Elections Election Day Procedures- Bureau Staff Bureau employee testimony indicated that they do not have defined job duties during this time. Employees are chosen randomly to do jobs that could be changed at any time. This breeds frustration and inefficiency. During the election day periods. employees tend to work longer hours to handle the extra workload. In the past this stress was magnified by persistent procrastination by management that did not allow the staff members to complete what other BOE offices consider to be routine tasks. IV. Public Hearings Four public hearings were held, two in Las Cruces and one each in Sunland Park and Hatch. At each of the meetings the public seemed to be interested in seeing that something is being done. Many made suggestions that were out of the panel's hands, such as: what kinds of voting machines to use, change of state statutes, etc. Not all those who attended spoke, but most did fill out the questionnaire, the results of which are shown in the Appendix. IVa. Observations The first public hearing was held in the County Commission chambers in Las Cruces from 10 a.m. to 12 p.m. on Saturday, July 2200• This hearing yielded a large turn-out of people who were frustrated because their previous complaints had not been given the attention they felt was deserved-some of which were nearly six years old. The dominant theme concerned poll workers (not being assigned, trained, split shifts) and the moving of polling locations. The second public hearing was held from 10 a.m. to 12 p.m. on August 5th in the school board room at the Gadsden Administrative Complex in Sunland Park. This hearing had limited attendance, most likely due to recent flooding in the area. However, a common theme among the speakers who lived in the area was concern over the abuse of the absentee ballot system both at the polls and by the absentee ballot board. The third public meeting was held from 1:30 p.rn. to 3:30 p.m. on August 12th in the City Council chambers in Hatch, yielding mostly people who spoke at the first Las Cruces meeting. The main concerns addressed the workings of the BOB office, misinformation, inconsistent information and supposed rudeness. The fourth public hearing was held from 6:00 p.m. until 8:00 p.m. on Angust 15th in the County Commission chambers in Las Cruces. Attendees once again voiced their dissatisfaction over the moving of polling places and poorly trained poll workers. Another major topic of discussion was that of the new voting machines and procedures. IVb. Questionnaire Members of the panel devised a questionnaire for the public hearings, the purpose of which was to obtain consistent information from each of the public hearings. Each of the persons who attended was given the questionnaire to fIll out whether or not they chose to speak. The panel collected a total of 33 questionnaires. Not all questions were answered by each participant due to the specifIc nature of the questions; some were only to be answered by poll workers while others were more general. Answers to the questionnaires were compiled and 47% of the respondents had no problems with voting early, 77% had no problems voting by absentee ballot, and none of the respondents had problems obtaining or using provisional ballots at the polling locations. Over 90% had no problems when registering to vote and had received their voter registration card from the Secretary of State. Although several of those who spoke at the Las Cruces public hearings said they had problems with fInding their polling place, over 75% of those who filled out the questionnaires had no problem and once there, they found 85% of the time that the machines worked properly. If problems were encountered at the polling location, the poll workers were able to assist the voter 57% of the time. Again, this strikes the Task Force as being too low. Questions pertaining to poll workers found that 56% of them felt the Bureau had adequately prepared them to work the polls; 64% thought that there was something missing in their training but were not specific as to exactly what was. missing; 75% of the poll workers felt that they had adequate technical support from the Bureau during the primary and general elections and that their polling place was 100% covered 75% of the time, with an equal representation of an political parties among poll workers 60% of the time. All of the respondents felt that their polling place was safe. Sixty-nine percent responded positively to the format of the Secretary of State voting procedures manual and that the pay was adequate.
The panel members spoke with the Deputy Clerk of Santa Fe County and Clerk of Otero County via conference phone. Over a 2 hour period we queried them on the staffing of their offices, training of employees and poll workers. the procedures used during Election Day, and canvassing responsibilities. Va. Observations The offices were well run due to the fact that many of the employees were long term. The Santa Fe office had a combined 130 years of experience and the Otero County Clerk had been in the same position for 20 years. Each office has "specialists," people who are in charge of a specific portion of the elections process. All employees were cross-trained to handle each other's jobs. A system of "checks and balances" was in place so nothing went out without its being verified by someone else. All in all, very well organized, well run offices. On election night as the precincts turn in their voting materials. it is an orderly process. Check-in stations are set up with the Presiding Judge at each location charged with turning in specific material. The tape is read immediately and the (unofficial) results are posted on a precinct-by-precinct level. In Otero County the results are posted via a co~puter projection system in the hall for the candidates to view. VII. Recommendations Via. Hire a well-qualified Bureau of Elections Supervisor This person must have exceptional organizational skills and be very familiar with election laws, deadlines, and other procedures; have proficiency in current office technology, and good public relation skills. Vlb. Segregation of duties and specializations of the staff
Vie. Establish Bureau of Election management and organizational operating procedures
double-checked for accuracy.
Vld. Poll workers Poll worker training must be more extensive and consistent. Have 80S employees train BOE employees to train poll workers; consider working with NMSU departments having experience in creating training programs. This will help keep consistency. Make sure someone on the Trainer team is a person who has had experience as a Presiding JudgefPoll worker. Design easier pon worker instructions for Election Day. Hands-on materials will also help. Utilize Powerpoint Presentations, roll-playing. Emphasize poll worker training on voting of absentee ballots, provisional ballots and emergency ballots.
precincts. Make this process as thorough as possible. This is where you can make sure Presiding Judge paper work is filled out correctly. • Designate roaming staff to oversee poll workers on site to note any issues. • Establish a post-election task force to review the election and include the Clerk/Bureau staff. Vie. Education of the public/responsibilities of the public The public needs to be made aware of how polling places are chosen and why they may change. The public also needs to understand that it is also its responsibility to fmd out where polling places are located. There are several organizations that could help distribute information to the public in addition to the Burean of Elections office. They include: League of Women Voters, the Democratic Party, the Republican Party, and candidates. Also publish locations in EI Paso Times to reach Sunland Park and Santa Teresa area. • Make Master Calendar available to Public. Vlf. Consolidation and permanent polling locations The Task Force recommends that as few changes as possible be made with regard to polling locations. Having said this, the Task Force recognizes that increased residential development throughout the county, federal ADA standards, and natural disasters (such as the recent flooding in Hatch) will, on occasion, require the relocation of precinct polling places. To the extent that this is required the Task force recommends that such changes not only be printed in the newspapers, but that registered voters affected by such changes be promptly notified of them by first class mail. Respectfully submitted, Judy Baker Lynn Ellins Sid Goddard Vicki Harder Connie Lee David Lutz Maria Silva Sutton Melinda Whitley F elida Ybarra Appendix Questionnaire Answers |
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Total: 15 |
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A 1. If you voted by absentee ballot did you encounter any problems? |
Yes: |
2()01o |
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No: |
47"10 |
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NlA: |
33% |
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Total: 22 |
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A2. If you voted early did you encounter any problems? |
Yes: |
23% |
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No: |
77% |
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Total: 8 |
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A3. If you had to vote by provisional ballot did you encounter any problems? |
Yes: |
0% |
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No: |
1000/0 |
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Total: 18 |
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A4. Did you experience any problems connected with your registration to vote? |
Yes: |
5.5% |
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No: |
94.5% |
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Total: 33 |
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A. Did you receive your voter registration card from the Secretary of State this year? |
Yes: ... 94% |
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No: |
6% |
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Total: 24 |
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B. Were you denied a ballot because the County Clerk's records did not show you as |
Yes: |
0% |
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registered? |
No: |
100% |
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Total: 31 |
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A5. Did you have any problem in knowing where to vote? |
Yes: 22.5% |
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No: 75.5% |
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Total: 27 |
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A6. Did you notice any problems with the voting machines when you voted? Did your polling |
Yes: 15% |
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place run out of ballots? (in all cases the answers were the same for both questions) |
No:. 85% |
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Total: 7 |
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A7. If you had problems at the polling place did the poll workers assist you in correcting them? |
Yes: 57% |
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No: |
43% |
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Total: 16 |
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Pl. Did the training you received by the Bureau of Elections properly prepare you to work the |
Yes: 56% |
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polls? |
No: |
44% |
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Total: 14 |
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P2. Did you feel that there was anything missing in your training? |
Yes: 64% |
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No: |
36% |
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Total: 16 |
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P3. Did you feel that you had adequate technical support from the Bureau of Elections during |
Yes:·75% |
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the last primary or general elections? |
No: |
25% |
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100%:75% |
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P4. What would you say is the percentage of time you work the polls that they are fully |
0%: |
8% |
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covered? |
other: 17"10 |
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Total: 15 |
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P6. Is there an equal representation of all political parties among poll workers? |
Yes: 60% |
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No: |
40% |
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Total: 16 |
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P7. Do you feel that your polling place is safe? |
Yes: 100% |
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No: |
0% |
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Total: 13 |
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P8. Is the voting procedures manual in a format that makes if easy for you to access |
Yes:· 69% |
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information? |
No: |
31% |
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Total: 16 |
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PlO. Do you believe that the pay you receive to be a poll worker is adequate? |
Yes: |
69% |
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No: |
31% |
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