Board of Elections Clarifies Misinformation about Non-Citizen Voting;
Board Sets November 19th As Tentative Voter Certification Date
Geauga County Board of Elections (BOE) - Regular Meeting 10/22/2024
Meeting Info: Regular Meeting on October 22, 2024 at 1:00 pm in BOE Conference Room at 470 Center St, Bldg 6A, Chardon, OH, 44024. The meeting was originally scheduled for 10/17/24, but it was rescheduled due to illness. 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:
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Board Chair - Dennis Pavella
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Board Member - Joan Windnagel
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Board Member - Richard Piraino
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Board Member - Janet Carson
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Director - Michelle Lane
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Deputy Director - Nora McGinnis
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Office Administrator - Scott Daisher (virtual)
County Representatives: Charles Walder, Auditor/Chief Administrator, Frank Antenucci, ADP (Automatic Data Processing) Chief Deputy Administrator, Joe Birli, ADP Physical Security Analyst, Tracy Rahimi, ADP Help Desk Clerk, Zach McCleod, ADP Information Security Manager, and Rob Bushman, ADP Employee.
Others: This LWV Geauga Observer in person and one other person virtually.
Call to Order: 1:05 pm
Minutes: Minutes for September 19 and October 11, 2024 were approved without comment or edit.
Payment of Bills: Bills totaling $33,194.29 were approved, and included:
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$20,770.00 for annual service contract with ES&S (Election Systems & Software)
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$4,375.00 for pollpad annual license with Knowink
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$1,895.00 for daily snapshot development and install of interface by Triad
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$1,133.50 for Precinct Election Official (PEO) manual printing by Legal News Publishing
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$1,085.00 for accessible ballot conversion by Triad
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$668.11 for PEO training materials from KMI Printing
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$550.00 for 2 desktop printers from MNJ Technologies
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$382.15 for polling location change postcards from KMI Printing
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$284.89 for acknowledgement cards both from KMI Printing
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$263.63 for ExpressVote cards to ES&S
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$185.00 for General Election notice in the Geauga County Maple Leaf
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$91.86 for 6 Road Crew vests (to wear when picking up voting equipment)
The balance of the bills were for such items as postage, printer supplies, and other routine office expenses.
Geauga County Auditor, Charles Walder, ADP (Automatic Data Processing)
Mr. Walder and 5 ADP staff members reported on the status of election day technology. The team says they are ready to go.
Mr. Walder said they extended their lockdown procedure an additional 30 days. They performed a “soft lockdown” at 60 days from the election and a “hard lockdown” at 30 days before the election. He felt the precaution was well worth doing. Mr. Walder reported that they have a fail-safe design in place should anything require moving operations to a different location during the election. Computers have been tested at this undisclosed site, allowing BOE personnel to move seamlessly to the new location. Mr. Walder noted that some of the plans were based on recommendations from the Secretary of State (SoS) and their technology group. He thinks these preparations will probably be something they do more often. He said it is “a good trend to prepare for the unpreparable” and hopes they never have to use it.
Mr. Walder then told the Board his team, including everyone who’d had a hand in the preparation, was there to answer questions.
Frank Antenucci, ADP Chief Deputy Administrator, reiterated that the team feels good about where they are with the SoS in terms of auditing and is ready to go for election day. Tracy Rahimi, ADP Help Desk Clerk, will be running the election day team that will provide coverage from 5:30 am until whenever the election ends. They will have three different shifts of workers so everyone is fresh and will supply server and day station support all day.
Mr. Pavella noted the extent of the discussions and actions taken this year “have been 50 times what any previous election has ever been.”
Mr. Walder noted there had been a lot of early cautionary warnings to everyone from the SoS, and he said he felt it would be unwise not to hear and react to them. Mr. Antenucci said this type of preparation is how they plan to prepare for elections going forward.
Mrs. Carson asked if there were any poll workers or team members who hadn’t taken the required fraud training and if not, will that affect their ability to work on election day. She wants to make sure that if training was missed, the person would still be able to work. Mr. Walder proposed having a laptop available for an individual to watch the 7-minute video on a case by case basis. Observer Note: Prior to each election, poll workers must attend a comprehensive training session that reviews current election policies and procedures. Attendance is tracked by a sign-up sheet. This year’s election training included watching the fraud video referenced above.
Mrs. Carson asked if poll observers had to take the fraud training. Mr. Pavella said no because the state isn’t paying them. The fraud video is required viewing for employees and subcontractors.
New Building Update
Mr. Walder reported that they are ready to install cameras in the elevators at the County Office Building, but the elevators still do not have the requisite wiring. He said he’d “... like to get some hours on those cameras” and not have to wait until the last minute to make sure they work properly. Mr. Antenucci said, in terms of technology, no other components are missing. He wasn’t sure if the subcontractors had completed everything. Mrs. McGinnis said she had been in the basement for training, and it appeared that work on the restroom and countertop were completed and glass was installed.
Mr. Walder and his team departed the meeting at 1:20 pm.
Elections Update
Mrs. Lane said the office has been extremely busy. The first day of early voting was crowded and they have had a steady stream of voters every day since.
Mrs. Lane distributed the Absentee Totals Report that showed that day’s in-office vote total was 5,522. She stated that in-office voting might surpass mail-in (absentee) voting this year. Mrs. Lane noted they have lots of absentee and Uniformed and Overseas Absentee (UOCAVA) voters. There was a brief discussion about UOCAVA votes and the concern about ballots being returned in time to count.
Mrs. Windnagel asked how the volume this year compares to 2020. In 2020, the BOE sent out 24,388 ballots and had another 10,742 in person for a grand total of 35,130 votes. Mrs. Lane expects they’ll surpass that number this year if voting continues at its current pace. She said they have placed a backup order to make sure they have enough ballots “to get them through.”
Mrs. Lane reviewed the extended days and times available for in-office voting. Observer Note: Check the Geauga BOE website for detailed voting hours information.
Mrs. Lane noted that next Tuesday, Oct. 29, is the last day they can mail out absentee ballots. There is no voting on Monday, November 4. The extended office voting hours in the week before the election are intended to compensate for the loss of voting hours that Monday.
Additional questions and information on the Absentee Totals Report:
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What are the 100 “problem applications.” This number fluctuates daily. It was explained that problem application requesters are immediately sent a form letter asking them to correct the problem. It was noted that forgetting the date of birth on the application is the most frequent oversight. Other problems are signature and missing ID. The BOE does not call voters about problems. Permission to make calls was given in 2020 because the volume was so huge. If a voter doesn’t correct their application before October 29, then that individual must vote provisionally.
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What does “withdraw application” mean? A voter may withdraw their absentee ballot application. As long as an absentee ballot has not been sent, even if one has been requested, that individual can vote in person. Conversely, if an absentee ballot has been sent to a voter and they come to the polls, that individual must vote provisionally.
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Why are there uncounted absentee ballots? These are returned ballots that have problems, such as an unsigned ID envelope or missing social security numbers. These voters are sent letters the same day asking them to fix the problem. A return envelope is included so that the voter need only provide the fix to the problem and mail the letter back. They don’t need to complete an entirely new form. The uncounted ballots are kept in a separate bin with a copy of their letter attached.
There was a brief discussion about UOCAVA (Uniformed and Overseas Citizens Absentee Voting Act) votes. Less than half of the number of UOCAVA ballots sent out (197) have been returned. Mr. Pavella stated overseas mail takes much longer to return than US mail. It was noted that military mail is very efficient so one can assume the unreturned ballots just haven’t been completed.
Mrs. McGinnis said that military personnel also use the Federal Write-in Ballot (FWAB) as a back-up in case their other ballot doesn’t arrive in time. Reviewer Note: See the Federal Civil Rights Division for information about the UOCAVA votes as well as the FWAB.
More Election Update
Mrs. Lane reported they have had a lot of people in the office and have had to work more hours than they normally would. They are trying to keep part-timers under four days, but that hasn’t been possible.
One key problem is worker access to a computer. They have two more computers coming; ADP is aware and ready to help. There was a brief discussion of personnel and who has computer access.
Certification Date
A directive from the SoS has established an expedited process for certification this year. Instead of the traditional 20 days for certification, the BOE will have 15 days. Mr. Pavella noted that this shorter time frame has been going on for a few years.
Mrs. Lane predicts they will have a “tremendous amount” of provisional ballots. As an example, Mrs. Lane related a call from the Auditor's Office in Chardon about a notice they were putting in their window directing people wanting to early vote to the BOE. People had been coming to the Auditor’s office asking to vote, even though the BOE hadn't been at that location for 20 years. Mrs. Lane thought this might mean that people who haven’t voted in 20 years are coming out.
Mrs. Carson asked about “Vote Here” signs at the BOE, saying she’d been asked frequently about where a person should vote. Mr. Pavella said it’s probably people who haven’t closely followed plans for the Board office move, not realizing that they decided to stay put.
Mrs. Lane has asked the Sheriff for an electric sign at West Woods entrance that directs voters to the replacement poll site at Geauga West Library. She also plans to put a notice in the newspaper about the voting place change. Mr. Pavella thought the Chagrin Valley Times (CVT) was probably the most widely circulated in Russell. A notice in the CVT will also appear in the Geauga Courier. Mrs. Lane will ask about the notice being free of charge, as a public service. Mr. Pavella said to spend the money if necessary. Mrs. Carson suggested that Mr. Pavella and Mrs. Lane write a joint letter to the CVT editor about the relocation.
The Board expressed disappointment that the bridge project at West Woods hasn’t yet started which will mean it won’t be available as a poll site if there is a May special election.
More on the Certification Date
The first day of the official canvass is Monday, November 11. It must be completed by Wednesday, November 20 at 2:00pm. Observer Note: Election results are unofficial until they are certified. During the canvass, election officials reconcile the number of mail, early, and election day ballots cast with the number of voters. The purpose of the canvass is to make sure that every valid vote is included in the final results.
The Board discussed what is a reasonable timeframe for the staff to prepare everything for the canvass and for Board members to be there as officials. They noted that the last day for absentee ballots to be received at the office and considered valid is Saturday, November 9. The office will be open 8 am - 4 or 5 pm that day. November 9 is also the last date for a voter to correct an absentee ballot. The Board decided on a tentative certification date of November 19 at 9:00 am. Mr. Pavella said they will finalize the certification date on election day.
There was discussion about poll observers. Mrs. Lane referred Board members to a packet from the SoS with information about observers.
Mrs. Carson had questions based on many calls she has received from people who have gone through observer training. She said that during training, observers are emphatically told that someone isn’t permitted to vote if they don’t have a valid driver’s ID. Later in the training, people are told that individuals can vote provisionally if they don’t have a valid ID. Observers don’t think that’s correct. She pointed out the training is emphasizing people won’t be permitted to vote, not that they should be offered a provisional ballot.
Mrs. Lane said this misinformation has been an ongoing problem. She said someone reported to the SoS that in Geauga they were training people that non-citizens are allowed to vote. She stated that this is not true, and the fact is that they have to complete a challenge (complete Form 10-U) and then they can vote a provisional ballot.
Mrs. Lane said there is a misconception that provisional ballots are not counted. She said, “that couldn’t be further from the truth.” In order to be counted, provisional ballots must be evaluated and verified by election officials.
Mrs. Carson asked if it would be possible for observers to attend poll worker training so that they’d all be on the same page. Mr. Pavella said they’d have to get permission from the SoS. Mrs. Lane also noted that training classes are very full already.
A discussion followed about citizens not understanding the requirements for being an observer. It was noted that paperwork and training to be an observer need to be completed by October 25.
Mrs. Carson says the Democratic Party has 15 observers registered. It was noted that one observer per entity (one Democrat and one Republican) are allowed at a polling place, including the BOE. Mr. Pavella also reminded the group that observers must check in with the VLM (Voting Location Manager) at the polling site and take an oath to faithfully execute their function. Mrs. Lane said that requirement should be emphasized at the Marshall training as well. She noted Marshall training is being held at the BOE; the last training is Thursday, October 24.
Mrs. Carson expressed concern about the misunderstandings about provisional voting. Mr. Pavella said that anyone without a valid ID will be offered a provisional ballot and then the BOE will decide if the ballot is valid.
The BOE has met their quota for poll workers and the poll workers are being trained. About 200 individuals still need the mandated training.
2nd Equipment and Ballot Allocation
Mr. Pavella says they are fine on equipment. Mrs. McGinnis said all ballots have been printed, delivered and counted.
Winter Conference of Ohio Association of Election Officials
The conference is set for Tuesday, January 7 - Friday, January 10 in Columbus, Ohio. Hotel reservations for the Board and staff have been made. Mrs. Lane asked Board members to review the updated class schedule in the next few weeks and tell Mrs. McGinnis which classes they want to attend. Staff will be asked to do the same. She noted there is also virtual training. All Board members expressed an interest in attending the class on Leadership in Election Administration.
Director Report
Mrs. Lane reported that they:
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Have been working on contingency plans with Mr. Walder;
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Have updated all the polling location paperwork;
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Have been ordered supplies to get them through the election;
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Have been dealing with phone complaints and questions;
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Are asking signs for the West Woods change and walkie-talkies.
Mrs. Lane distributed to the Board folders with election day emergency/contingency plans, including cell phone numbers for prominent officials. She reminded members not to share this confidential information, including the cell phone numbers. She encouraged them to keep the folder with them going forward. Mrs. Lane said that to avoid the chaos that information duplication can create in an emergency, Mr. Pavella has been designated the lead. She referred the Board to the flow chart in the folder for more specifics.
Deputy Director Report
Mrs. McGinnis said that she has been:
Mr. Pavella shared a congratulatory email he received in praise of the BOE staff’s professionalism and competence.
Some complaints were briefly discussed:
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Mrs. Lane received an offensive email that she sent to the SoS for review. That office said they couldn’t take action because of first amendment rights.
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Car damage to a part-time worker’s car. The person who caused the accident reported it to the office.
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The high traffic volume and distracted driving in the BOE parking lot are a problem this time of year.
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A Facebook group complained about the rudeness of a BOE poll worker.
Mrs. McGinnis said the attestation form required for those dropping off a ballot on behalf of another voter has been “pretty well received.” Mrs. Lane said the SoS had called her to see how things were going with the attestation form. She reported that it’s being done correctly.
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.
Mrs. Carson asked what the correct procedure is for non-citizen driver’s licenses. A lengthy discussion followed and the following points were made by Mrs. Lane and Mr. Pavella:
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The poll worker is supposed to check the back of each driver’s license. If the license says “non-citizen,” the worker is supposed to issue the voter a Form 10-U, which is a challenge form used to verify the voter’s citizenship qualifications. The worker will then have the person vote provisionally.
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“Non-citizen” on a license doesn’t necessarily mean the person hasn't naturalized. They might just not have changed their license.
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Claims to the SoS that the BOE was letting non-citizens vote are technically true. However, any such vote is a provisional ballot. Before they are counted, provisional ballots must be officially approved. That means the ballot will be run through the State’s database for verification among other tests.
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The SoS’s office has not yet issued an advisory on how non-citizen provisional votes should be processed despite repeated requests by the BOE. The BOE is assuming that these ballots will be run through the State’s database for verification.
Observer Note: In May 2024, Ohio Secretary of State Frank LaRose issued a directive to the 88 county boards of elections initiating a confirmation and removal process of non-citizens from the state’s voter registration rolls. A link to the directive is available here. Secretary LaRose also announced additional steps to “conduct an annual review of the statewide voter registration database to identify persons who appear not to be United States citizens,” as required by state law.
Observer Note: It is not clear to what form Mrs. Lane was referring. According to the SoS website, their office has sent written notices to individuals who have submitted documentation to the BMV indicating that they are not a United States citizen. The notice asks them to confirm their citizenship status or cancel their voter registration.
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In the absence of an advisory from the SoS on how to handle provisionals, the BOE has decided that if the voter confirms they are a US citizen, the BOE will record their vote, because Mrs. Lane said, “I don’t know what else to do.” Reviewer Note: Mrs. Lane’s uncertainty seems to stem from the lack of guidance from SoS’s office on how non-citizen provisional ballots should be processed even though the BOE has made repeated requests for clarification on this matter to the SoS. A recently filed lawsuit against the SoS by the ACLU alleges that requiring suspected non-citizens to show proof of citizenship in order to vote is illegal. The outcome of this lawsuit has not been determined yet. If the SoS says the person is not a citizen, Mrs. Lane assumes they probably won’t be allowed to count it. However, the BOE has not been given specific instructions by the SoS. Mrs. Lane added that she does not think non-citizen voting will be an issue in this election.
Mrs. Carson asked if a non-citizen could be a registered voter. Mr. Pavella said this should not be the case, but it’s not impossible.
Mrs. Carson said she has been contacted by people who point to non-citizen provisional ballots as proof that non-citizens are allowed to vote. Mrs. Windnagel said that former Geauga County Commissioner Skip Claypool has told the SoS that he was going to contact an attorney because, to him, the Constitution clearly states that if you’re not a citizen, you shouldn’t be allowed to vote under any circumstance, even provisionally.
Mr. Pavella reminded the group that, “the official policy of the Secretary of State, even prior to Frank LaRose, is that anyone that does not show up in your poll books should still be given a provisional ballot, regardless of who, why, what… then the decision (to accept or reject the ballot) is made after the fact when you are processing the provisional ballots by the designated Board of Elections.” Reviewer Note: Section 302 of the 2002 Help America Vote Act requires that a voter be allowed to vote provisionally when their name is not on the rolls or their eligibility to vote is challenged. This is a federal law.
Adjourned at 2:29 pm
Next Meeting - Election day, November 5, at 6:15 am.
Approved Minutes - Posted on the BOE website
Observer: Rooney Moy
Editor: Carol Benton
Reviewers: Sarah McGlone
Date Submitted: 10/26/24
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