Concerned about Election Fraud? Here's the skinny on voter Signature Challenges, ID Checks and more

For your consideration, I'm including a series of e-mail that were exchanged between Katie Blinn, Assistant Director of Elections, Office of the Secretary of State and County election staff across the state regarding public disclosure requests, signature challenges and ID checks.

Dear Election Staff,
I have met with both State Parties the past few weeks, and continue to receive lots of questions from them in anticipation of the General. I want to share with you some of what I shared with the Auditors at the WACO conference yesterday.

County Chairs:

I have encourage both State Parties to work through their respective County Chairs as much as possible. I explained to them that the local County Chairs have a better understanding of the procedures in each elections office because they are there every year, not just the Presidential/Gubernatorial elections. Hopefully, the County Chair has built a rapport with your office, and you have built a rapport with each County Chair. Communication will likely be more effective between people who know each other, rather than with “suits from Seattle.” I have also encouraged them to make litigation a last resort, rather than a first resort.

Public Records:

Both parties plan to be submitting many public records requests to our office and your offices. I know that some of these requests are already coming in.

Provisionally Registered Voters:

Both parties are asking many questions about voters who are provisionally registered because they did not clear the ID check during registration. Just a reminder that the applicable WACs are 434-324-045, 434-250-045, 434-253-024, and 434-261-055.

Felons:

I am receiving many questions about felons. In case you receive inquiries, the applicable laws are RCW 29A.08.520 and WAC 434-324-100 and 434-324-106.

Missing or Mismatched Signatures:

I am receiving many questions about how a voter may correct a missing or mismatched signature on the absentee/mail envelope. I fully expect both campaigns to be very geared up for this, contacting voters in counties favorable to their candidate. The applicable statute is RCW 29A.60.165, but please be aware that this statute is ambiguous regarding which signatures actually have to match, so it was clarified a few years ago in WAC 434-261-050.

Voter Registration Challenges:

I am receiving many questions about challenging a person’s voter registration. In case you receive inquiries, the applicable law is RCW 29A.08.810, 29A.08.820, 29A.08.835, and 29A.08.840, and WAC 434-324-115.

Thanks very much!
Katie Blinn
Assistant Director of Elections
Office of the Secretary of State
kblinn@secstate.wa.gov
(360) 902-4168

A second e-mail for your review

Dear County Auditors and Elections Staff,

I continue to receive many questions regarding how a voter may correct a missing or mismatched signature, and whether the political parties may contact such voters. This email discusses state law requirements for providing political parties and others names of voters with missing and nonmatching signatures on the absentee envelope. State law does require the counties to provide this information. How this information is provided is left to each Auditor, but we recommend that the documents you provide for this purpose be documents you are willing to accept for signature verification. Details below.

Public Records:

You may recall that, during the 2004 General Election, the Democratic Party asked King County Elections for the names of provisional voters who had a missing or mismatched signature. Initially, King County did not disclose this list on the theory that disclosure would violate HAVA. The Democratic Party brought a lawsuit in King County Superior Court and Judge Lum ruled that the list of voters was a public record. The Democratic Party then contacted many of those voters to get their signature issue cleared up so the ballot could be counted.

During the 2005 legislative session, the Legislature clarified that records regarding who has a missing or mismatched signature are public documents:
(4) A record must be kept of all ballots with missing and mismatched signatures. The record must contain the date on which the voter was contacted or the notice was mailed, as well as the date on which the voter signed the envelope, a copy of the envelope, a new registration form, or a change-of-name form. That record is a public record under chapter 42.56 RCW and may be disclosed to interested parties on written request. RCW 29A.60.165.

This clarification was simply an extension of the long standing public policy that voter registration records, notices to voters, poll books, etc. are public records. RCW 29A.08.710 – RCW 29A.08.770.

Political Parties:

Following the 2004 Governor’s race, there were many discussions in the elections community and in the Legislature over whether political parties should be allowed to contact voters over signature issues. Many considered the process unbecoming, at best, and a form of harassment, at worst. Others felt that it was a reasonable method to getting voters’ ballots counted. Two issues quickly became evident:
· First, if the information is public, how can a government office release the documents to some requestors but not to others? If it is public, it is public.
· Second, it is difficult to describe in RCW or WAC who can assist a voter and who cannot. A classic example is the elderly voter whose signature doesn’t match because she has aged. Her adult daughter, or a family friend, tries to help her respond to a notice from the County Auditor’s Office. It is difficult to allow for this assistance, but not allow for assistance from others. “Family and friends can assist a voter, but family and friends who are politically active cannot.” “The voter can respond, but third parties cannot assist in that response.” “Third parties cannot deliver the signed affidavit back to the Auditor’s Office, but the U.S. Postal Service can.” “Third parties can deliver ballots to the Auditor’s Office, but cannot deliver affidavits to the Auditor’s Office.” “Persons who are nonpartisan can contact the voter, but persons who are partisan cannot.” This became virtually impossible to describe.

In the end, there is nothing in the law that prohibits the political parties from contacting voters and offering assistance. While some people might believe that this practice “smells bad,” that it will annoy voters, or will confuse voters, it is not prohibited by law.

Letters v. Lists:

I don’t need to tell you that the political parties are requesting these names and planning to contact the voters.

If you decide to give the political parties lists of voters, such as spreadsheets or text files that have been exported from your voter registration system, I assume that you will also give the parties a copy of the form letter sent to those voters. If so, I am assuming that you will then accept a copy of that form letter from a voter who is attempting to correct a missing or mismatched signature.

Likewise, if you decide to give the political parties photocopies of the actual letters sent to voters, I am assuming that you will then accept a photocopy of that letter from a voter.
This is a complicated way of saying: The manner in which you respond to the public records request should correspond with the manner in which you will accept affidavits from voters, because the parties are going to use the format that you provide them.

Attachment:

Finally, I have attached a spreadsheet that was provided to us from one of the parties. I share this only to demonstrate how much the parties are preparing for this “get-the-ballot-counted” campaign, and to demonstrate how much messages can be jumbled. For once, the public record is not ours.

I have provided the applicable WAC below. Please know that I send this reminder email as an effort to reduce the litigation that will likely occur in this election.

Thank you.
Katie Blinn
Assistant Director of Elections
Office of the Secretary of State
kblinn@secstate.wa.gov
(360) 902-4168
WAC 434-261-050

Unsigned oath or mismatched signatures.

(1) If a voter neglects to sign the oath on an absentee or provisional ballot envelope, signs the oath with a mark and fails to have two witnesses attest to the signature, or signs the ballot envelope but the signature on the envelope does not match the signature on the voter registration record, the auditor shall notify the voter by first class mail of the correct procedures for curing the signature. If the ballot is received during the last three business days before the final meeting of the canvassing board, or the voter has been notified by first class mail and has not responded by the last three business days before the final meeting of the canvassing board, the auditor must attempt to notify the voter by telephone using information in the voter registration record.

(2) If the voter neglects to sign the oath on an absentee or provisional ballot envelope, or signs the oath with a mark and fails to have two witnesses attest to the signature, the voter must either:
(a) Appear in person and sign the affidavit no later than the day before certification of the primary or election; or
(b) Sign a copy of the affidavit provided by the auditor, or mark the affidavit in front of two witnesses, and return it to the auditor no later than the day before certification of the primary or election.

(3) If the signature on the oath of an absentee or provisional ballot envelope does not match the signature on the voter registration record, the voter must either:
(a) Appear in person and sign a new registration form no later than the day before certification of the primary or election. The updated signature provided on the new registration form becomes the signature on the voter registration record for the current election and future elections; or
(b) Sign a copy of the affidavit provided by the auditor, and provide a photocopy of a valid government or tribal identification that includes the voter's current signature. The signature on the affidavit must match the signature on the identification, and both of those signatures must match the signature on the ballot envelope. The voter must return the signed affidavit and identification to the auditor no later than the day before certification of the primary or election. The county auditor may also send the voter a new registration form to update the signature on the voter registration record for future elections; or
(c) Sign a copy of the affidavit provided by the auditor in front of two witnesses who attest to the signature. The signature on the affidavit must match the signature on the ballot envelope. The voter must return the signed affidavit to the auditor no later than the day before certification of the primary or election. The county auditor may also send the voter a new registration form to update the signature on the voter registration record for future elections.

(4) If the signature on an absentee or provisional ballot envelope does not match the signature on the registration record because the name is different, the ballot may be counted as long as the handwriting is clearly the same. The auditor shall send the voter a change-of-name form under RCW 29A.08.440 and direct the voter to complete the form. If the signature on an absentee or provisional ballot envelope does not match the signature on the registration record because the voter used initials or a common nickname, the ballot may be counted as long as the surname and handwriting are clearly the same.

(5) A voter may not cure a missing or mismatched signature for purposes of counting the ballot in a recount.

(6) A record must be kept of all ballots with missing and mismatched signatures. The record must contain the date on which the voter was contacted or the notice was mailed, as well as the date on which the voter signed the envelope, a copy of the envelope, a new registration form, or a change-of-name form. That record is a public record under chapter 42.56 RCW and may be disclosed to interested parties on written request.