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Geauga BOE Implements New Restrictions on Ballot Drop Box Use

Geauga County Board of Elections (BOE) - Regular Meeting 09/19/2024 

Meeting Info: Regular Meeting on September 19, 2024 at 9:00 am in BOE Conference Room at 470 Center St, Bldg 6A, Chardon, OH, 44024. Attendance options were both in-person and virtual, via Microsoft Teams.  An agenda was provided in advance and copies were distributed to all attendees.

Attendance: Present were:

• Board Chair - Dennis Pavella

• Board Member - Joan Windnagel

• Board Member - Richard Piraino

• Director - Michelle Lane

• Deputy Director - Nora McGinnis

• Office Administrator - Scott Daisher
  

      Absent: Board Member - Janet Carson

County Representatives: Frank Antenucci, ADP (Automatic Data Processing) Chief Deputy Administrator, and Jeff Vaji, ADP Special Projects Manager  

Others: Four members of the public and this LWV Geauga Observer in person. Three members of the public virtually.

Call to Order: 9:05 a.m.

Minutes: Minutes for August 15, 2024 were approved without comment or edit. 

Payment of Bills: Bills totaling $55,225.11 were approved, and included $23,031.00 for 18 office computers & USBs, $5,306.86 for 26 Dell monitors, $5,675.00 for a Data Act software upgrade, $4,385.21 for balance due on alarm installation at the administration building, $4,124.44 for ballot stock, $2,136.24 for 1-year Fortigate renewal, $1,256.66 for printer toner, $990.00 for memory modules, $828.74 for a service to replace all batteries as a result of the power outage, $175.00 for Adam Hall rental as a poll location, and $15.81 for mileage to map out the West Geauga Library. The balance of the bills were for such items as computer cables, envelopes and other routine office expenses.  

Mr. Pavella noted that the reason the BOE is using the West Geauga Library as an election site is that the usual site, West Woods, won’t be available on election day because they are rebuilding the bridge.  

ADP Update: Mr. Antenucci introduced Jeff Vaji, ADP Special Projects Manager, who is managing the November 5 General Election Readiness project.

Mr. Vaji reported the new computers and monitors have been installed and the old equipment taken off-site for destruction. He asked if there had been any issues regarding the new scanners. Mrs. Lane said they were having issues yesterday but thought it was related to Spectrum.  Mr. Vaji said they would have someone come out to check.  Mrs. Lane stated they love their new computers. Mr. Vaji noted that the installation was well-timed and done exceptionally quickly.

Mrs. Windnagel asked about the process for disposing of the old equipment. Mr. Vaji replied that they have a high threshold for handling old equipment and their process has been approved by the Secretary of State. They pull out the sensitive data (hard drives and memory), crush them on site and then dispose of them through a solid waste process. The hulls of the machines with zero value left in them can be discarded. If not, they go on a pallet until ADP can assess their value. The monitors can “go on.” Some have value, others don’t. He noted there is very little money in what’s left over.

Mrs. Windnagel asked if the money from the old machines goes into the “county coffers.” Mr. Vaji said the money goes into the county’s general fund.

New printers are ordered. The cameras have been installed and any concerns about the cameras from Mrs. Lane’s team have been addressed. Mr. Daisher stated that an update is being done today. Mr. Daisher said his new laptop has made security detection easier. Mr. Vaji confirmed with Mr. Daisher that he has detection on all cameras.

Verizon: Cell Phones for Priority Service - Mrs. Lane stated they have chosen Verizon for their new cell phones with priority service.  The contract has been submitted to ADP for approval. Mr. Pavella said they have gotten approval from the legal department. Mr. Antenucci stated the Secretary of State’s Security Director has completed everything he’s able to complete and sees no issues. Observer Note: The contract was discussed later in the meeting and details are shared on p. 3 of this report.

Mr. Antenucci reviewed election night personnel plans. They will have teams on and off-site devoted to election issues throughout the day. 

Mr. Antenucci asked about dropbox installation. Mrs. Lane stated it will probably go up on October 7. She noted that there has been a new directive from the Secretary of State that requires BOE to post a sign on their drop box about new rules limiting drop box use.  Mrs. Lane said BOE “...will enforce to the best of our ability.” Before the meeting adjourned, Mrs. Lane stated that she printed out the Secretary of State’s new Directive 2024-21 for the Board. 

Observer Note: Secretary of State Frank LaRose has directed county boards of election to limit how voters can use ballot drop boxes in this fall's election. Under Directive 2024-21 voters may only return their own absentee ballot to the BOE drop box.  Any other ballot returned on behalf of another voter must be brought inside the board office and the voter assistant must sign an attestation that they comply with applicable state and federal law.

Reviewer Note:  Under ORC 3509.05(C)(1) certain family members, including spouses and close family members, are permitted to return a voted absentee ballot.  The conflict between current law and Directive 2024-21 is the subject of a lawsuit.

 

Mrs. Windnagel asked if there were any issues with water in the new building basement after the tornadoes. Mr. Antenucci did not see any issue and thinks the gutter repair has solved the issue. He noted that there’s been a lot of work in the basement in the last few weeks.

Mrs. Lane noted she and Mrs. McGinnis checked on the basement work and said the counter has been raised. Work on the partitions is ongoing. There was a discussion about work on the women’s bathroom to correct the inaccessible handicapped stall. The space has been reconfigured and is now handicapped accessible.

Mr. Pirano asked if the security cameras had been installed in the elevators. Mr. Antenucci replied that they have them on hand, but they are not installed since there are no cables to connect to. The elevator and drop box security cameras are the only ones not yet installed. 

Brett Harbage, Americans with Disabilities Act coordinator with the Secretary of State’s office, signed off on the concrete repair after reviewing photos of the repair. 

Mr. Antenucci and Mr. Vaji departed the meeting at 9:20 a.m.

Logic and Accuracy Testing - Mrs. Lane said the ballot language was finalized on September 18, allowing them to start testing the week of September 23. Mr. Daisher said he will have the testing ready that day and will scan the ballots to make sure they read correctly. He expects the BOE to be up and running for the election.

Absentee Ballot Requests and Voter Registrations - Mrs. Windnagel asked how many absentee ballot requests they had. Mrs. McGinnis said for military and overseas personnel, there were 122 email requests for a ballot and 31 requests for a ballot by mail. Observer note: the BOE identifies military and overseas personnel by the acronym UOCAVA, which stands for Uniformed and Overseas Absentee Voting Act.

An absentee ballot request report was distributed to all attendees.

• Mrs. Windnagel asked if the number of ballot requests was typical. Mrs. McGinnis said it was higher than usual and there were a lot of unfamiliar new names among the military and overseas requests.

• Mrs. McGinnis noted they have almost 10,000 total absentee ballot requests. 

• Mrs. Windnagel asked about postage on the UOCAVA ballots. There is no postage on outgoing ballots; postage is required for return.
  

Mr. Pavella asked what total voter registration is. Mrs. Lane stated registration is 68,400, which is higher than in the past and rising. 

Contract with Verizon: Cell Phones for Priority Service - The Board approved a contract with Verizon for the purchase of 4 cell phones: 1 each for the Board chair, the Director, Deputy Director, and the IT person. The phones will have priority service on cell towers. The BOE will also receive a SIM card for data back-up. Mrs. Lane stated the recent power outages and Crowdstrike failure have made the purchase a real necessity. Mr. Pavella noted this is a safeguard for election day communication issues. He noted that they had discussed using FirstNet as a communication solution, but discovered that only emergency services qualify for the service. The Verizon phones will allow the BOE to text staff and poll workers. Poll workers will be able to respond to the texts. 

Mrs. Windnagel asked if the designated staff would be required to carry the phones 24/7. Mrs. Lane said carrying the phones wouldn’t be required in the non-election season but would be available if needed.

Mrs. Lane mentioned that other BOEs have more than four cell phones. Some have one for every poll location. Mr. Pavella said it’s important to be prepared for the unknown in this election. Mrs. Windnagel wondered if the State had grant money available for such a situation. Mr. Pavella noted that the State has not been very proactive in this regard. 

Mrs. Lane said there has been no word from the State about the multi-agency radios to assist with election day communications.  Mrs. Lane said they might have to use walkie talkies if the radios don’t arrive in time. Mr. Pavella suggested she follow up with the State about the plan’s status.  If the plan is scrapped, Mr. Pavella suggested reaching out to the sheriff’s office or emergency services for equipment.

Mrs. Windnagel asked about the phone contract cost. The monthly service charge for the 4 phones and SIM card is $250.00. The total contract cost is $3,500.00, which includes the equipment and monthly charges. Mrs. Lane thinks they might be able to get the phones for a minimum cost if not for free. It was noted that many other county agencies use Verizon which is why Mrs. Lane thought the contract was approved quickly by the legal department. 

Public Test Date – Mr. Daisher stated the public test date will be October 7 at 10:00 am. He is hoping to have all the Logic & Accuracy (L&A) testing done by then. The IT department  will randomly pick out 2 precincts for testing.

New Election Systems & Software (ES&S) Contract - Mrs. Lane advised the Board that, though it doesn’t go into effect until 2026, ES&S has asked the Board to approve the new contract as soon as possible. Mrs. Lane will send it to the legal department for approval. Mr. Daisher has reviewed the contract as well. She commented that the new contract increases costs “a little bit more.” Exact costs are not completely clear. She will present the contract to the Board after the legal review.

Observer Note: ES&S is an Omaha-based company that provides voting machines and technical support to the Geauga County Board of Elections. 

Manual - Mrs. Lane and Mrs. McGinnis will review the new poll worker manual very soon and expect only a few changes from the last general election. They will send the manual to the Board for review before printing. Reviewer Note:  See the Secretary of State’s website for information on what to bring to the polls to vote, which in general will be an up to date driver’s license or State-ID, a valid passport and other types of identification for military and Veterans.  

Mrs. Windnagel asked if they will take out the 17-year-old voter? Mrs. Lane replied yes, but noted that the BOE has different editions for the general and the primary election. 

Observer Note: Secretary of State website notes that 17-year olds may vote in a primary election if they will be 18 on or before the general election. They may vote in the primary election to nominate candidates, but they cannot vote on issues or party central committees until they are 18.

Envelope Order - Ballot Return envelopes have been ordered and sent to Barrett Brothers, a graphic design company. Mrs. Lane stated that the Post Office still has to approve the envelopes. The envelopes have been moving between the design center, BOE, and Barrett Brothers. As soon as the Post Office approves the envelopes, they will place the order.

2nd Equipment & Ballot Allocation - Mrs. Lane advised waiting until after the registration deadline to decide on allocations since the BOE is receiving a lot of registration requests. Mr. Pavella noted the standard allocation should be fine and they have backups if more are needed to go out.  Mr. Pavella noted that the large volume of absentee requests suggests polling locations won’t be overwhelmed. Mr. Daisher noted that they have discussed adjusting the voting machine bins to better hold the 17-inch ballots. The ES&S representative worked with Mr. Daisher on the ballot layout. Mr. Daisher thought the representative was very knowledgeable and worth the extra expense. 

2024 Kevin Mitnick Security Awareness Training - Mrs. Lane says everyone must have the training done by the end of September. The training takes about 45 minutes, followed by a 10 question quiz. Mrs. Lane stated that it was sent to all the Board members but to let her know if they haven’t received it. 

Ohio Association of Election Officials Winter Conference - After discussion about dates and agenda, it was determined that the conference will be held January 7 - 10, 2025 at the Columbus Downtown Hilton. The Geauga BOE approved the plan to send the Director, Deputy Director, Board members, and full-time staff to the meeting.  They noted that they need to make hotel reservations soon as the conference never blocks out enough rooms. The Board also unanimously approved the Winter conference fee.

Director Report - Mrs. Lane reported:

• Appreciation to the LWV Geauga for hosting the recent voter information event, saying it’s always good to get information about what the BOE does out to the public. 

• There have been issues with the mail. They have moved their mail opening operation into the hallway. The sheriff brought 3 doses of Narcan as backup for any incident. Their mail procedures were added to the security section of the election administration plans. They have made opening mail optional for staff. Observer Note:  There was no discussion about any issues with the mail.

• Mr. Piraino asked if they had enough Narcan. He advised that Narcan is available from the Health Department. Mrs. Lane stated that the staff has received instructions on its use and knows what to do.

• Poll worker recruiting is going well: 203 Democrats and 204 Republicans have already committed to serve. Well over half of the recruits have a training class assignment. 

• Two weeks ago, they sent out 2,657 NOCA (national change of address) inquiries to voters whose registrations were flagged for possible removal from the voting rolls. Responses have started to come in. Staff are entering the information into the database quickly.

• Their full-time poll worker & campaign supervisor will be retiring on September 27. Mrs. Lane asked for direction from the Board on filling the post. She plans to post the job on the BOE and State websites. The Board feels that the BOE has ample back up in the interim. Mr. Pavella reminded Mrs. Lane that they must fill the position with a Republican.

Mr. Pavella stated that he and Mrs. Windnagel will do initial interviews with job applicants and then bring qualified candidates before the whole Board for interviews. Mrs. Lane said she will forward all resumes to Mr. Pavella and Mrs. Windnagel.

Mr. Piraino asked about including a salary range in the job posting and Mrs. Lane said she’d prefer to omit it. Mr. Pavella stated he felt that salary should be determined by a person’s experience and abilities, noting that experience in related industries can be valuable. They will not use LinkedIn. They will also make part-time staff aware of the opening, noting that that is how Mrs. McGinnis came to her full-time status. Mr. Pavella noted that the BOE is very different from other workplaces. Employees must be able to work under pressure and change direction quickly and be willing to sacrifice their personal time, especially during the election cycle.

Deputy Director Report - Mrs. McGinnis:

• Thanked the LWV for the Proud of the Process election information event. She thought it was a nice presentation and had good questions that helped explain how the BOE functions. She heard good, positive feedback from attendees afterward.

• Noted that a lot of bills came in the past two weeks. Payment requests having to do with computers or security needed ADP approval.  

• Ballot proofing has been ongoing. Every item on every ballot has been reviewed numerous times.
  

Mr. Piraino asked if the notices to the marshalls had gone out. Mrs. Lane said they don’t send these notices until a few weeks before the election. They are going to have 1 additional marshall on each side. There was discussion about who will fill these posts. It was noted that early in the day, most of the issues are with poll pads. They hope to find a new marshall with poll pad knowledge. 

Mrs. Windnagel asked about a car for the BOE. Mrs. Lane says they should have one by the 8th.

The BOE does have a new truck which is two feet shorter than the previous vehicle. The smaller size could mean an extra day is required for equipment delivery. They are currently working on the logistics for loading the trucks and equipment.

Mrs Windnagel asked about the delivery team. Mrs. Lane stated that Wayne Dustman will be in the office as the logistical manager for the team. He will be calling the polling locations, setting up delivery days and times and managing the delivery crew. Mr. Pavella and Mrs. Windnagel wholeheartedly agreed with this plan. There was a brief discussion about who the other workers would be. 

Mrs. Windnagel asked about notifying the West Woods voters about the poll location change to the West Geauga Library. The BOE is moving along with the mailing. Voters will receive a postcard about the change. Mr. Piraino asked if the location change postcards tell the voter that it’s a one-time thing? Mrs. Lane and Mr. Pavella said statutorily another postcard must go out to affected voters announcing the change back. Mrs. Windnagel asked when West Woods thinks the bridge will be finished. Mr. Pavella hopes that it will be done by May but West Woods isn’t sure of the timing.  The Park District director will let the BOE know when the bridge is complete. He also noted that the community center in Russell won’t have enough parking to accommodate the BOE needs as a polling location. Observer Note:  There was no alternative discussed at the meeting.

Public Comment:

An attendee asked if the BOE would prefer a Geauga county resident for the poll worker and campaign supervisor position. Mr. Pavella said a Geauga resident would be preferred.

Attendee Christine Stenzel complimented the LWV Geauga presentation and then asserted, without evidence, that 6.2% of “illegals”voted in the last general election.  She noted that “illegals” can get a driver's license and questioned how we can trust that they would not vote illegally.  Mrs. Lane replied that noncitizens are identified on their ID by a designation on the back of their ID card.  Mr. Pavella stated poll workers will be trained to check the back of ID’s for this designation.

Reviewer Note: To obtain a temporary permit, license or ID card from the Ohio Bureau of Motor Vehicles (BMV), noncitizens must provide U.S. Citizenship and Immigration Status (USCIS) documentation confirming their immigration status. Further, under Ohio and federal law, BMV must  verify an individual's immigration status through the USCIS Systematic Alien Verification for Entitlements (SAVE) verification system. Persons in the United States illegally are therefore unable to obtain a drivers license or ID card from the Ohio BMV.  See Ohio BMV’s Drivers License and ID Cards, Non-U.S. Citizens.

Ms. Stenzel inquired whether the Board is aware of problems with Black Fork’s questionable submissions for voter registration and absentee ballot applications.  Mrs. Lane responded they have received and implemented Secretary of State LaRose’s guidance on the matter.

Ms. Stenzel asked about the larger than usual volume of absentee ballot requests and Mrs. Lane’s comment about not recognizing a lot of names on the list. Mrs. McGinnis clarified that the unrecognized names were on the military and overseas personnel (UOCAVA) lists.

Ms. Stenzel encouraged the Board to independently educate themselves about a report filed recently with the Secretary of State about embedded algorithms. She asserted that Franklin, Lucas and Montgomery counties are directly affected.  Mr. Piraino said that if the case is with the Secretary of State and that if he determines action is needed, he will send out a directive to BOEs.

Ms. Stenzel again mentioned the LWV evening was great and noted that a few of their questions were edited. She said “other than that, it was done very well.” Reviewer Note:  Questions at this moderated event were screened for several announced factors including length of question, duplicate or confusing questions or questions that contain partisan political information.

Adjourned at 10:08 am

Next Meeting - October 7, 2024 at 10:00 am; Public Test of Equipment October 17, 2024 at 9:00 am. 

Approved Minutes - Posted on the BOE website

Observer: Rooney Moy

Editor: Anne Ondrey

Reviewers: Gail Roussey & Shelly Lewis

Date Submitted: 10/01/24

The League of Women Voters of Geauga is a 501(c)(3) nonpartisan political organization that encourages informed and active participation in government, works to increase understanding of major public policy issues, and influences public policy through education and advocacy. They do not support or oppose individual candidates or parties. Learn more about the LWVG at www.lwvgeauga.org.