As so many states and other countries can attest, there are safer, wiser and saner ways to conduct elections.

 

But for the foreseeable future, California elections offices will be processing millions of ballots in a manner that is far more subjective than objective, which gives all concerned citizens an excellent incentive to observe that process. 

 

Citizens must do what they can to assure themselves that the ballots are well taken care of and processed with the care and attention they deserve.

 

Three steps in that processing where ballots may be particularly vulnerable to error or malfeasance are

 

• signature verification,
• duplication (AKA re-making) and
• adjudication.

 

Signature Verification:                                                          

 

In California, signature verifiers are limited

by state law and regulations, which mandate they

start with the assumption that the signatures are legitimate.

 

In addition, the signature on the return envelope does not have to “match” the signature on file for the voter to be accepted.

 

• It just has to “compare” at one, two or three points, depending on the policy of the individual county.

 

Ostensibly, even with a three-point comparison policy, if both signatures, for example, are in cursive (1), all Ts are crossed (2) and all Is are dotted (3), the signature comparison is likely to be accepted.

 

However, the law and regulations also require further review of any signature that shows multiple, significant and obvious differences when compared to the signature on file.

 

Verifiers are obligated to spend enough time on each signature

to look for not only the similarities but the differences.

 

Verifiers have a grueling, mind-numbing job. Some may therefore tend to work at a speed that does not allow for the scrutiny necessary.

 

The presence of Observers helps workers to remain more alert, vigilant and careful. If you feel a verifier is working too quickly to make legitimate decisions, you may signal a supervisor, express your concern, and ask if the verifier can be instructed to slow down.

 

Duplication (AKA re-making):

 

Ballots that are deemed soiled, torn or otherwise damaged are set aside during inspection and sent to be duplicated.

 

• All Remote Access ballots must also be duplicated onto an official ballot.
• This process is in great need of Observers.

 

Counties have their own regulations for duplicating ballots, but there should always be two people checking each other’s work. Accuracy is everything!

 

Adjudication:

 

When a tabulator cannot reliably read a voter’s marking on any ballot choice, it rejects the ballot.

 

A digital scan of that ballot is inspected by an adjudicator, whose job it is to determine the voter’s intent, change the digital image of the ballot accordingly, and send the finished product for tabulation.

 

Most adjudicators work without a second person as a check and balance.

Observers need to be there!!

 

California citizens have an opportunity to make a very big difference by regularly observing the sensitive elements of ballot processing.

 

Be sure to thoroughly understand your rights and responsibilities as a Citizen Observer by reading and studying EIPCa’s Citizen Observer Guidelines.

 

Remember you have the right to observe every element of the process, to be close enough to see and hear, and to ask questions, whether they be from curiosity or concern.

 

EIPCa’s Citizen Observer Hotlines are available should you need answers or feel intervention is necessary.

 

Counties will begin ballot processing soon after Octobr 7.

 

If you are looking for a way to make a positive difference:

 

...Ready...Set...Observe!!

 

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A visit there may surprise you, overwhelm you, astonish you, frustrate you, dismay you, encourage you or have any host of other impact - all depending on your county.

 

The General Election officially gets underway October 7,  the first official day of ballot mailing and the first day of early voting. EIPCa encourages you to visit your County Elections Office SOON, before activity becomes too frantic.

 

Become acquainted with your Registrar, the facility

and what the public observation protocols are.

 

Stand there, look around, take a deep breath and remind yourself,

“This and everything that happens here belongs to me and my fellow California citizens. It is my responsibility to find out first hand whether it is operating lawfully and transparently.”

 

Election oversight is my right and my responsibility.

 

Beginning October 7, and continuing through December 5, carve out some dates on your calendar to fulfill that obligation by visiting to observe as often as you can.

 

Use the information provided in this “Vote Safe in 2024 and a Little More” article series to prepare you to be a knowledgeable and effective Citizen Observer.

 

By law the Elections Office must inform the public at least 48 hours in advance of any ballot processing activities.

 

• Visit their website or call ahead to ensure your visit will be productive.

 

As ballots begin to come in

they will go through many steps prior to being counted.

At each step there are opportunities for error, carelessness, or intentional ill-intent.

 

Observer presence keeps overburdened workers more alert and focused, and less likely to make a mistake, intended or not.

 

Whether arriving via USPS, ballot drop box, ballot collector (harvester) or in-person early voting, a ballot return envelope’s first stop is

 

Intake:

1. Here ballots are sorted (usually by district or precinct), scanned and prepared for signature verification - this is done by sorting and scanning machines.
   • The barcode on the return envelope contains the voter’s identification information.
   • The scan allows the Elections Office to send each voter an alert that the ballot has been received.
     • There is reason for concern if you receive notice that your ballot has been received and counted. Clearly the latter cannot be guaranteed at this point.
   • The scan also allows the system to pull the voter’s on-file electronic signature up and unite it with the scanned signature for comparison.  
2. After Election Day postmarks must be verified.

 

• Ballots postmarked on or before Election Day may arrive via verified postal delivery service up to seven (7) days after Election Day and be counted.

 

• If the postmark on the envelope is missing or illegible, the signature on the envelope must be dated by the voter on or before Election Day.

 

Citizen Observers should look for:

• Is every part of the process transparent and observable?

   

• Are all ballot return envelopes secured and clearly marked as to where they are in the process?

   

• Are ballot packets returned as “undeliverable” secured UNOPENED for storage?

   

• After election day, are envelopes being inspected for appropriate postmark?

 

The next major step in ballot processing is signature verification. Signatures must be checked to see that they compare favorably with the signature on file for each voter.

 

The next major step in ballot processing is signature verification. Signatures must be checked to see that they compare favorably with the signature on file for each voter.

 

We will devote Part 5 to the details of this process.

 

In the third major step of processing, envelopes with accepted signatures are opened and the ballots are extracted and inspected.

 

• Please observe this process and watch to see that ballots are being properly inspected and sorted.

 

• Ballots deemed to be damaged (torn, wrinkled, stained) are sent to be duplicated.

 

• Also requiring duplication are sample ballots submitted in lieu of the real ballot and Remote Accessible Vote by Mail (RAVBM) ballots printed on the voter’s home computer. (This is a good reason to avoid RAVBM unless you are remotely deployed or in need because of a handicap.)

 

• Undamaged ballots proceed to be tabulated.

 

• Envelopes found to contain more than one ballot inside must be immediately set aside for evaluation.

 

As a Citizen Observer, watch for anything that is troublesome or seems insecure. And remember that the SOS Regulations for Observers mandate that Observers have access to a Supervisor and the ability to ask questions and receive timely answers.

 

Be sure to ask for information and explanations when you need them.

 

Speak ONLY to a Supervisor.

 

While observing:

 

• Always be polite and respectful.

 

• Keep your questions appropriate and non-confrontational.

 

• Remember you have no right to argue, accuse, insist or “school”. Doing so may be considered interference and you may be ejected or worse for persisting.

 

• Asking too many questions can also interfere with the process as well, so be aware and sensitive.

 

• Step outside and call the appropriate EIPCa Observer HOTLINE if your questions are not answered to your satisfaction or if you have further concerns.

 

• Call the appropriate EIPCa Observer HOTLINE if you feel you do not have appropriate access to observe meaningfully.

 

Remember - California law gives you the right

to be close enough to see and hear

EVERY aspect of the election process.

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IMPORTANT NOTE:

Electioneering (wearing campaign paraphernalia, handing out campaign literature, talking about politics, advising voters in any way) is NOT legal within 100 feet of a drop box.

 

• Dress neutrally and just watch. You may be near the box as long as there is no appearance of interference with voters submitting their ballots.
• Go at different times of the day and night.
• Most counties do not announce their ballot box collection schedule for security reasons, but try to be there at least once when boxes are being emptied.

 

Look for:

• Is the area safe and secure?
• Is the area accessible?
• Is there surveillance? (Not required by law but worth noting)
• Is the box securely anchored in its location?
• Is the box staffed by credentialed elections office employees? (Not required by law but worth noting)
• If so, are the ballots inspected for voter error and required signatures?
• Is the box securely sealed?
• Is anything other than ballots being inserted into the box?
• How often and securely is the box emptied?
• Is the box often over-stuffed?
• Are the ballots carefully and respectfully treated?
• Is there a 2-person chain of custody at all times?
• Is the transporting container locked/sealed for security?
• ON ELECTION NIGHT: is the box locked at EXACTLY 8:00 p.m.to prohibit further ballot drop-offs?

 

Remember that unrestricted ballot harvesting is legal in California.

Any individual may submit any number of ballots.

 

However, if you observe large numbers of ballots being dropped off,

please document on a Citizen Incident Statement.

 

If you see or experience any irregularities or concerns, download the Citizen Incident Statement and Instructions, fill it out and send it in as instructed.

 

If there is something immediately concerning and serious, please send an email to corpoffice@eip-ca.com (cc to ruthweiss@eip-ca.com) with a description of what you have observed and a phone number we may use to reach you. 

 

Starting October 7, counties may begin to process incoming ballots.

 

That entails sorting and inspecting, scanning, verifying signatures, and in counties with appropriate computer capacity, opening, extracting, inspecting, duplicating, tabulating and adjudicating.

 

Citizens have the right to observe all of these activities.

 

With such a high percentage of ballots being submitted in envelopes, ensuring the integrity of every step of their processing is the duty of every capable, concerned citizen.

 

Future articles will show you the when and how.

 

In the meantime, EIPCa encourages you to become well acquainted with the website of your County Elections Office. There is a great deal to be learned by perusing all its nooks and crannies.

 

If you find areas of concern, such as

• Inaccurate or misleading information
• Missing information
• User un-friendly construction

 

Please contact EIPCa and also file a Citizen Incident Statement.

We are happy to receive positive feedback as well.

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DO NOT agree to “wait just a little longer”.

 

• Ask them to cancel whatever ballot was originally mailed to you and send you a new one. Be firm.

 

• This will protect ballots that may have been intercepted for fraudulent use from being counted in your name.

 

Some voters are committed to voting as early as possible. Others believe it is wiser to wait until Election Day, or closer to it, and vote in person.

 

If you choose to vote closer to Election Day, EIPCa’s recommendations to you are:

 

• As soon as you receive your ballot, open and inspect your ballot to see that you received the correct one and that there are no errors.

 

• Reunite all materials and store them in a safe location - where you know you’ll be able to find them again and where they will remain undamaged.

 

• Be sure that all contents of the package stay together - do NOT intermix materials with those of other members of the household.

 

IF you choose to submit your vote in the envelope, it is important that the envelope you sign and seal be the SAME envelope you originally received.

 

The barcode on the outside connects to your registration information at the county.

 

IF you return your ballot in the wrong envelope,

you run the risk of having your ballot

questioned and even rejected.

 

• If you choose to vote at a polling place on or as close to Election Day as possible, and if you live in a county that uses e-poll books or has another way of verifying your voting status,

A new law (AB 626) now gives you the right to avoid

Ballot Marking Devices or Voting Machines

in casting your vote.

 

(Note: Not all qualified counties are currently complying with this law. Please verify with your County Elections Office or County EIPCa Coordinator.)

 

You now may submit the paper ballot you were mailed directly to the ballot box free of its return envelope at a polling location.

 

• Retain all mailing materials just in case an emergency keeps you from the polls on Election Day. You can always mail your ballot or have someone submit it for you at the last minute.

 As long as the envelope is postmarked by November 5, and arrives within seven (7) days to the county elections office, your ballot will be processed and counted.

 

IF you receive more than one ballot addressed to you,

CAST ONLY ONE!

 

Return any extras UNOPENED to your County Elections Office marked “Duplicate Ballot Received.”  That will allow them to investigate the reason for the duplicate mailing, and to remove duplicate registrations.

 

IF you receive ballot(s) addressed to someone else,

DO NOT OPEN!

 

Return those UNOPENED envelopes to your County Elections Office marked with the appropriate information (“Recipient Deceased,” “Recipient moved to AZ,” etc. This aids your Elections Office in managing the voter rolls.

 

IF you are not a citizen and receive a ballot,

DO NOT OPEN IT.

 

CALL your County Elections Office IMMEDIATELY!

 

Voting, or even registering to vote as a non-citizen is a FELONY.

 

• If you apply for citizenship sometime in the future, you will be permanently denied and perhaps deported. DON’T do it!

 

• Ask your County Elections Office to investigate how and/or why you got registered (assuming you did not do it yourself).

 

More importantly, ask them for the appropriate link or form for you to remove yourself from the rolls immediately.

 

The state of California has a “no harm/no foul” law, so you may remove yourself without explanation and the record will be removed as if you had never been registered. (Unfortunately, this is not so if you have actually cast a vote.)

 

Follow up a few weeks later by checking your registration status at your County Elections Office website or https://www.sos.ca.gov/elections/cavoter.

 

IF you receive the wrong ballot or a damaged ballot, or

 

IF you soil, mismark or damage your ballot,

contact your County Elections Office IMMEDIATELY.

 

Request a new ballot be mailed OR, visit your County Elections Office in person for a replacement.

 

IF you are told to just make a correction and send it in and they will “take care of it”, just say NO.

 

• Any such alteration will trigger adjudication!

 

Someone else will determine your “intent” and alter your ballot accordingly.  You are entitled to a replacement ballot—politely but firmly insist.

 

For ALL of the above “IFs,” download a Citizen Incident Statement, (fill it out and send it immediately to EIPCa.

 

• Citizens and non-citizens may use this form.

 

• It is always helpful to include photocopies.

  

IF you submit your vote in an envelope, turn it in on Election Day at a polling location or your county elections office to minimize the opportunity for your ballot to be manipulated or diluted with an illegal ballot.

 

IF you are unable to take your ballot to a polling location yourself, anyone can drop it off for you.

 

IF you give your ballot to a trusted harvester, surrender it only within 72 hours of Election Day to a person or organization committed to turning it in on Election Day.

 

IF you participate in ballot harvesting, collect ballots only within 72 hours of Election Day and submit them on Election Day.

 

Following the above guidelines will allow you to Vote Safe in 2024.

Your “and a Little More” challenge for today: Share this valuable information with everyone you know.

 

A fair, honest, transparent and VALID election process

and the Republic it serves require a well-educated populace.

 

Please do your part to spread the word.

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• EVERY ELIGIBLE VOTER NEEDS TO VOTE!!
   
  • Every vote is vital. The election is about so much more than just the presidency. Local officials, whose contests are often decided by fewer than 100 votes, impact our everyday lives much more directly than those in federal offices. Every person who votes, and every person who chooses not to vote, makes a huge difference.
     
  • For those who do not vote because of a belief that the outcome is already pre-determined by the system fail to understand that whatever corruption exists can be outvoted.

 

Every withheld vote enables the corruption and manipulation.

 

• Vote knowledgeably
   
• take the time to do the research necessary to make wise choices—the very continuance of the Republic could very well be hanging in the balance.

 

• Vote Safe
   
• Explore the many ways available to you for submitting your ballot. Evaluate the risks and benefits associated with each method and choose how you will vote with wisdom and care.

 

• Be a cheerleader for everyone you know.
   
• Encourage every eligible voter in your sphere of influence to vote. Friends don’t let friends sit it out!
   
• Go the extra mile. Offer to help others with your research or a ride to the polls.

 

The second step is to become aware of, and act on, some very precious legal rights all California citizens have but may either not know about or not understand their importance.

 

You have the right to participate in meaningful Citizen Oversight.

 

It is rare even in this country, let alone in this world, to have a right to be integrally involved in the selection of those in the seats of power, not only by voting but by closely and responsibly overseeing the integrity of the entire process.

 

As a result, where we citizens have a right, we also have a duty!

 

As a California citizen you have the right to:

 

1. make notes and observe election procedures [EC § 2300]
2. view election-related activities at the central counting site on Election Day [EC § 15204]
3. view the canvass [processing and counting] of the vote activities following the election [EC §§ 335.5, 353.5, 15109, 15201, 15204, 15272]
   
4. observe vote by mail and provisional ballot processing [EC §§ 15104, 15350]
5. ask questions of elections officials - as long as you do not interfere with the conduct of any part of the voting process - and receive answers or be redirected to the appropriate official for answers [EC § 2300(a) (9)(A)(B),(10)]
6. ask questions of supervisors at the central counting site as long as you do not interfere with the conduct of the election procedures [EC § 15104]
   

Item #9 on the “Voter Bill of Rights” delineates the right to ask questions of elections officials. 

 

• To stay within your legal rights, speak only with the Lead Official unless that option is unavailable and the situation is urgent. You may not interact with any election official while that person is engaged with a voter. NEVER INTERRUPT OR INTERFERE.

 

Note that within those rights are restrictions and responsibilities.

 

• You may never interrupt or interfere.
• You should always speak with the Supervisor or Lead Official.
• You do not have the right to argue, insist, “school” or demand. You may ONLY ask polite, respectful questions.

 

Pay no attention to those who disparage the value of citizen observation. They do not comprehend what true observing is.

 

Observers are NOT loiterers or lookie-loos.

 

Legitimate Observers know what they are looking for, and know the right thing to do when concerns arise. Citizen Observers understand how important a role they play.

 

This series of articles will prepare you to “do a little more” as a well-informed Citizen Observer.

 

Please stay tuned.

 

And please continue to support EIPCa as the lawsuit progresses.

 

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For 14 years EIPCa-trained Observers and Citizen Observers have submitted tens of thousands of signed affidavits from citizens in 43 out of 58 counties. These documents paint a clear picture of California’s transformation of an election management process that once resembled a vault, nothing in, nothing out except the vote of each eligible citizen, to a system best described as porous.  

 

This documentation has so far allowed EIPCa to instigate

 

1. a civil right hearing in 2014

 

2. an NVRA section 8 lawsuit in 2017

 

3. four Briefs filed with the DHS and the DOJ in 2017

 

4. an Amicus Brief on behalf of Arizona in Brnovich v DNC in 2020

 

5. a lawsuit challenging violation of citizen Observer Rights in 2020

 

6. a federal lawsuit challenging the constitutionality of CA election laws, etc. in 2021

 

The importance of citizen oversight cannot be understated.

 

EIPCa’s continued legal efforts limit our ability to recruit and train new observers for the 2024 election season.

 

Nevertheless, there is a vital role that EVERY CITIZEN can play!

Your participation will make the difference!

 

EIPCa has created a Citizen Observation Education program to provide all interested citizens HOW to observe, WHAT to look for, and HOW to respond to make a difference.

 

There are no classes to attend or webinars to log into.

 

Instead, EIPCa has created easy-to-digest, bite-sized “articles” that can be read and digested as time allows. Together they provide the information needed to participate in meaningful observation. Instructions on how to access those articles are at the end of this notice.

 

EIPCa is asking each concerned citizen not only to “Vote Safe in 2024” but also to do “a little more” by taking all of the information provided in our “Vote Safe” articles and stepping out to be Citizen Observers.

 

EIPCa will provide Citizen Observers with a HOTLINE for support and, of course, the Citizen Incident Statement and Reporting Instructions.

 

The first step in preparing to observe the election process at the polling location or ballot processing center is to download and become familiar with the Citizen Observer Guidelines.

 

This document will ensure that all Observers know the “rules” and remain within their lawful rights and restrictions.

 

These indispensable tools for citizen observation

can now be found on the EIPCa website in the website in the

Citizen Observation Education Program box.

 

The guidelines, along with the information in the “Vote Safe” articles, will prepare you to step out with patriotism, knowledge and confidence to be a vital part of the People’s election process.

 

Review our Meaningful Citizen Observation Begins with Meaningful Preparation to article for more insight and motivation.

 

Welcome Aboard.

 

And please continue to support EIPCa as the lawsuit progresses.

 

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