Election Education Incorporated

DCBOEE Appoints Permanent Executive Director

2011-08-18T21:03:00.000-04:00

The DC Board of Elections and Ethics announced today that Paul Stenbjorn has been appointed the new Executive Director of the agency http://www.dcboee.org/popup.asp?url=/pdf_files/nr_808.pdf.

Stenbjorn had been serving as the Acting Executive Director since July 26 upon the departure of Rokey Suleman who held the position. According to the Board’s media release, Stenbjorn had served as the agency’s Chief Technology Officer since 2005 and had worked with the Virginia State Board of Elections and as a consultant.

Nominating Petition Challenge Period Underway for the April 26 Special Election

2011-02-20T17:50:00.000-05:00

The challenge period to the nominating petitions for the April 26, 2011 Special Election for at-Large Member of the Council is underway at the D.C. Board of Elections and Ethics (DCBOEE). The challenge period runs from yesterday, Saturday, February 19, through 5:00 p.m. on Monday, February 28.

According to the DCBOEE http://www.dcboee.org/newsroom/showASPfile.asp?cat=News Releases&id=648&mid=2&yid=2011 and The Washington Post http://www.washingtonpost.com/wp-dyn/content/article/2011/02/17/AR2011021706884.html, eleven out of the 19 individuals who picked up nominating petitions have filed the requisite 3,000 signatures needed for ballot access for the special election. Those who filed petitions are: Sekou Biddle (D), Tom Brown (D), Dorothy Douglas (D), Calvin H. Gurley (D), Arkan Haile (IND), Joshua Lopez (D), Patrick Mara (R), Vincent Orange (D), Alan Page (STG), Jacque Patterson (D), and Bryan Weaver (D).

Challenges to their nominating petitions can be filed by any D.C. registered voter on the grounds that a circulator is not a registered voter, the petitioner (signer) is not a registered voter, or the signatures on the petition are in the same hand or do not match those of the registered voters in the Board’s file. (DCBOEE has the authority to and should refer those for criminal prosecution.) Also, petitioners may be challenged because they were not registered at the address on the petition at the time it was signed; however, D.C. law allows those individuals to file a change of address within 10 days of the date that a challenge is filed.

After the challenge period closes, DCBOEE has two weeks to resolve any and all challenges and then we will have a better idea of the names of the candidates on the ballot. However, a challenger or any person named in a challenge may apply within three days of the DCBOEE decision to the D.C. Court of Appeals for review. There is a potential that we may not know the final list of candidates on the ballot until March 18 when the entire ballot access process concludes.

Abysmal Voter Turnout in DC’s Special Elections

2011-02-13T14:28:00.000-05:00

There has been a lot of discussion in recent weeks about voter turnout for special elections since the D.C. Board of Elections and Ethics (DCBOEE) will conduct a citywide Special Election on Tuesday, April 26, 2011. The election will be held for voters to choose an at-Large Member of the D.C. City Council created when Councilmember Kwame Brown won the office of Chairman of the Council last year.

Between 1993 and 2000, the BOEE conducted four citywide special elections with abysmally low voter turnout of 5.5% to a high of 25.7%. The turnout for the September 14, 1993, Special Election for Council Chairman was the highest with 25.7%. The July 22, 1997, Special Election for Council Chairman resulted in the lowest voter turnout of the four at 5.5%. The December 2, 1997 Special Election for at-Large Councilmember rose slightly to 7.5%. And the June 27, 2000, Special Election on Proposed Charter Amendment III garnered 12.2%.

As was the case with these elections, the BOEE will open all voting precincts citywide on April 26. According to the DCBOEE’s testimony before the D.C. Council, it will cost District taxpayers approximately $828,731.02 to open all 143 precincts in the eight wards operating with skeletal staffing. It sounds like a high cost to taxpayers, but to do anything differently this close to the election could end up disenfranchising voters.

Going forward special elections could be conducted differently at lower costs, but that can not happen until there has been a change in the District’s election laws, election regulations, and voter education procedures are in place.

April 26, 2011, Special Election for At-Large Member of the D.C. City Council

2011-01-02T22:28:00.000-05:00

The D.C. Board of Elections and Ethics (DCBOEE) will hold a city-wide Special Election on Tuesday, April 26, 2011, to fill a vacancy for at-Large Member of the D.C. City Council created when Councilmember Kwame Brown successfully beat back his opponents to win the office of Chairman of the Council in last year’s Primary and General Elections.

According to the DCBOEE Web site at http://www.dcboee.org/newsroom/showASPfile.asp?cat=News Releases&id=648&mid=12&yid=2010, eight candidates have picked up nominating petitions to qualify for ballot access on April 26. They are Ward 1 Democrat Stanley Mayes; Ward 4 Democrats Leo Alexander, Sekou Biddle, and Joshua Lopez; Ward 5 Democrat Vincent Orange; Ward 6 Independent Arkan Haile; Ward 6 Democrat Kelvin Robinson; and Ward 8 Democrat Jacque Patterson.

To qualify for ballot access each candidate is required to file 3,000 signatures of registered D.C. voters on their nominating petition with the DCBOEE no later than 5:00 p.m. on Wednesday, February 16, which are subject to a ten day challenge period. The challenge period will run from Saturday, February 19, through Thursday, February 28, 2011.

D.C. Board of Elections and Ethics and the November 2nd General Election

2010-11-28T23:32:00.000-05:00

The D.C. Board of Elections and Ethics will hold a special meeting tomorrow, November 29, at 5:30 p.m. to certify the results of the November 2nd General Election. The open meeting will be held in Room 280-North of the One Judiciary Square Building at 441 Fourth Street, N.W. For more information the public is instructed to call the Board’s General Counsel’s office at 727-2194.

And the next day, Tuesday, November 30, at 10:00 a.m. the City Council’s Committee on Government Operations and the Environment chaired by Councilmember Mary Cheh will hold a public oversight roundtable on the administration of the November Election. According to the Committee’s public notice, roundtable topics will include the adjustments made by the Board in poll worker training and functioning of precincts, technological fixes, and the handling of electronic media, between the September Primary Election and the November General Election. The public notice further states that there will be a discussion about how those adjustments ameliorated problems experienced during the September Primary Election and what further adjustments are still necessary to improve voting in the District of Columbia. The roundtable will be held in room 412 of the John A. Wilson Building at 1350 Pennsylvania Avenue, N.W. Anyone wishing to testify should contact Committee staff at 724-8062.

It will be enlightening to hear about the “adjustments” made by the Board to “ameliorate” the problems experienced in September. Will they be the same or some of the same problems that the public brought to the attention of the Board’s Chairman Togo West and Councilmember Cheh? Or do those problems remain?

More Room on the Outside in the Roundup

2010-09-27T12:22:00.005-04:00

On the night of the September 14 Primary Election, I was a guest along with journalist Pete Tucker on More Room on the Outside hosted by Dr. Baruch and Toussaint Tingling-Clemmons.

The program was about observations that Pete and I made while visiting polling places during the day. As Election Education Inc. observers, we were joined by former DC Board of Elections and Ethics’ Precinct Captain Kenlee Ray, who is seen here with me in a photograph taken by Pete. In total we visited and surveyed 20 polling places distributed among the District’s eight wards. A report of our findings will be made available on October 8.

The Fight Back has posted the More Room on the Outside interview on their website at http://thefightback.org/2010/09/more-room-on-the-outside-on-dctv-tuesday-september-14-2010-election-day/. When you get there, move the time bar to 31:00.

More Room on the Outside, which airs on public television, can be seen on DCTV on Comcast channels 95 and 96; RCN channels 10 and 11; and Verizon FIOS Channels 10, 11, and 28.

News Roundup of Primary Election Problems

2010-09-24T11:16:00.002-04:00

D.C.’s Early Vote Centers Have Had Overnight Security

2010-09-10T08:08:00.001-04:00

After disclosing at a press briefing on Wednesday, August 25, that there would not be any overnight security at D.C.’s Early Vote Centers, the DCBOEE ultimately added the presence of Protective Services at the Centers.

The announcement came at the regular meeting of the DCBOEE last week in response to a question posed to the Members of the Board by a public witness. During the public matters portion of the Board’s agenda, the Board’s Executive Director Rokey Suleman responded that “yes, security had been provided since the opening of the centers” on Saturday, August 30.

This was welcomed news considering the possibility of not only vote tampering of the machines left unattended overnight, but also vandalism that could have occurred at the four Centers.

Security Concerns At D.C.’s Early Vote Centers

2010-08-31T14:34:00.002-04:00

Recently, I have been raising my concern about security at the District’s four Early Vote Centers http://www.dcboee.us/, which will open this Saturday, September 4, and continue through Saturday, September 11 (excluding Sundays). The Centers will be open from 8:30 a.m. to 7:00 p.m. and only electronic touch-screen voting machines will be available to voters in the Centers.

In today’s The Washington Times, Deborah Simmons’ article “Early Voting in D.C. Stirs Fear Over Ballot Security” at http://www.washingtontimes.com/news/2010/aug/30/early-voting-in-dc-stirs-fear-over-ballot-security/ addresses my concerns and those of others about the security at the Centers.

At last week’s special meeting of the D.C. Board of Elections and Ethics (DCBOEE), a public witness reminded the DCBOEE that three of the four Centers will be located in public facilities owned and operated by the District government.

They comprise a community center, a recreation center, and a junior high school which she stated are controlled by the Mayor who is seeking a second term in office. She raised her concern that the Mayor has unlimited access to these facilities at a time when he is in a heated election.

At a recent press conference, the DCBOEE Executive Director, Rokey Suleman, stated that the votes of the day in each of the Centers will be contained in the electronic machines overnight. Further, Suleman informed the group that when the Centers close at 7:00 p.m. on September 11, the machines will contain all the votes cast in the respective centers.

When questioned, Suleman demonstrated the DCBOEE’s use of security tape and locks on the voting machines. He informed the group that these measures will reveal if the machines have been tampered with while unattended overnight.

I do not believe this is enough security.

When it comes to elections, perception is everything. I encourage the DCBOEE to hire overnight security for all four of the Early Vote Centers.

Why cast doubt on the results of our September 14 Primary Election. After all, simple measures keep elections clean, fair, and transparent.

Keep Politics Out Of The Electoral Process

2010-08-25T16:41:00.001-04:00

This morning I testified to keep politics out of the electoral process at a special meeting of the D.C. Board of Elections and Ethics (Board) http://www.dcboee.org/popup.asp?url=/pdf_files/nr_563.pdf.

D.C. Mayor Adrian Fenty, who is seeking re-election to a second term, petitioned the Board to amend the provisions in the Board’s regulations to allow independent “no party” voters to vote in the upcoming September 14 Primary Election.

As I stated at the special meeting, District law does not allow a registered voter to change his or her party affiliation or an independent voter to register with a party within 30 days prior to an election.

It is the voter’s responsibility to declare their intention to be affiliated with a party or not on the Board’s Voter Registration Application http://www.dcboee.org/pdf_files/Mail_VRForm_HAVA2003.pdf which clearly states that:

“To vote in a primary election, (emphasis provided) you must also:
· Be registered in the party holding the primary election for at least 30 days prior to the election.”

Further, under “Party Registration” on the application in section 9 the voter is required to “check one box” for the Democratic Party; Republican Party; D.C. Statehood Green Party; no party (independent); and other party (write name below) at which there is a line provided.

The following statement is also included in section 9:

“PLEASE NOTE: (emphasis provided)
To vote in a primary election in the District of Columbia, you must be registered
with the Democratic, Republican or D.C. Statehood Green Party.”

And finally I pointed out that Mr. Fenty’s campaign chairman Bill Lightfoot is quoted in today’s edition of The Washington Post http://www.washingtonpost.com/wp-dyn/content/article/2010/08/24/AR2010082407082.html?hpid=newswell&sid=ST2010082302851 in which he is quoted stating that:

“…the mayor is trying to ‘give equal treatment’ to nonaffiliated voters. ‘Mayor
Fenty’s position is that as many people as possible should vote, especially those
who share his vision that education is our foundation,’ Lightfoot said.”

Nonaffiliated voters have and have had ample opportunity to either affiliate with any one of the three major parties or not prior to the September 14 Primary. If they chose not to do so then they cannot vote on September 14.

The Board closed it special meeting by issuing its decision in an Order http://www.dcboee.org/popup.asp?url=/pdf_files/nr_567.pdf to deny the Mayor Fenty’s petition.

I commend the Board for keeping politics out of the elctoral process.

Last Regularly Scheduled DCBOEE Meeting Before the September 14 Primary Election

2010-08-11T20:08:00.000-04:00

The DC Board of Elections and Ethics (DCBOEE) will hold its regularly scheduled monthly meeting tomorrow at 10:30 a.m. in Room 280-North of the One Judiciary Square building at 441 Fourth Street, N.W.

Among other matters on the agenda which is posted on the BOEE Web site www.dcboee.org , the Executive Director will report on the preparations for the primary election and the General Counsel will report on the emergency and proposed rulemaking to amend the DCBOEE regulations regarding political and ethical conduct of Board Members, voter registration, election procedures, tabulation and certification of election results, and definitions.

This meeting was originally scheduled for August 4 and was postponed until tomorrow. Since then Togo West has been appointed to the Board and this will be his first meeting. However, with his appointment, a vacancy still exists on the Board.

September Primary Nominating Petition Challenge Period Ended Yesterday at 5:00 P.M.

2010-07-20T08:50:00.001-04:00

As the clock yesterday in the Voter Services Division of the D.C. Board of Elections and Ethics (DCBOEE) was approaching 5:00 p.m., some D.C. voters were busy putting their finishing touches on their paper work for challenges to the nominating petitions of Democratic candidates for the September 14 Primary Election.

Valencia Mohammad filed challenges to the nominating petitions of mayoral candidates Carlos Allen and Sulaimon Brown and Dorothy Brizill and Gary Imhoff filed a challenge to mayoral candidate Leo Alexander’s petition. Chairman of the Council candidate Calvin Gurley’s nominating petition was challenged by Alonzo Edmondson.

Four challenges were filed to the nominating petitions of the five candidates seeking the Ward 5 City Council seat currently held by Harry Thomas, Jr. Cynthia M. Gill filed a challenge to Kathy Henderson’s petition; D.C. lawyer Cary Clennon is challenging Delano Hunter’s petition; and candidate Henderson is challenging both Kenyan McDuffie and Tracey D. Turner. Ward 6 Council candidate Randy Brown’s petition is being challenged by Jim Abely.

According to the DCBOEE election calendar http://www.dcboee.org/popup.asp?url=/pdf_files/Draft_Sep_2010.pdf for the Primary, the DCBOEE has until August 3 to determine the validity of the challenges. And August 6 is the last day for a challenger or any candidate named in a challenge to apply to the D.C. Court of Appeals for review.

Over the next few days, it will be interesting to see if any of the challenges are withdrawn by the challengers based on lack of evidence to challenge or “behind the scenes” negotiations between the candidates and challengers. It has happened before.

DCBOEE Report on the Preparations for the September 2010 Primary Election on the DCBOEE Web Site

2010-05-04T13:36:00.003-04:00

The D.C. Board of Elections and Ethics (DCBOEE) has posted its report to the Council's Committee on Government Operations and the Environment on the Preparations for the September 2010 Primary Election at http://www.dcboee.org/.

As required by the Council when it enacted the Omnibus Election Reform Act of 2009 (D.C. Law 18-103), the DCBOEE submitted its report on March 31, which was the 168th day before the upcoming September 14 Primary. The report outlines an ambitious agenda for changes to be completed in time for the Primary.

The report focuses on technology upgrades; management of the DCBOEE facilities and equipment; staffing and pollworker management; voter education and public information initiatives; and post-election activities.

Some of the salient points in the report are with regard to technology upgrades. This includes the purchase of new voting equipment from Election Systems and Software (ES&S), which I wrote about two postings ago. Using federal funds provided by the Help America Vote Act 2002, the District entered into an agreement to purchase 175 optical scan paper ballot voting machines; 200 touch screen voting machines with a paper audit trail and accessible for individuals with disabilities; two central count optical scan machines for absentee voting; and the software and peripheral equipment needed to run the system.

In addition, the Board purchased a mail sorting machine from Pitney Bowes for absentee voting. The machine assembles the absentee material to be sent to a voter, including the ballot.

At the time the report was submitted to the Committee, the Board was looking into other technological changes such as replacing the voting precincts' paper lists of voters with electronic poll books; online pollworker training; and tools for military and overseas voters.

It is already turning out to be an exciting Primary for voters, because of the candidates coming forward to run for public office; however, it is also turning out to be an exciting Primary for the DCBOEE and its staff, because of all teh changes to the voting process and the new technologies that will be used for the first time in September.

PR 18-792, the “District of Columbia Board of Elections and Ethics Mital Ghandi Confirmation Resolution of 2010"

2010-05-04T12:35:00.005-04:00

Along with five other public witnesses, I provided testimony at the April 26, 2010, public roundtable on the nomination of Mital Ghandi to serve on the D.C. Board of Elections and Ethics. The roundtable was conducted by Councilmember Mary Cheh, Chairman of the Committee on Government Operations and the Environment. I have pasted below my testimony from the hearing.

Good afternoon Councilmember Cheh and staff. I am a Ward One resident, the former Public Affairs and Program Development Manager for the D.C. Board of Elections and Ethics (Board), and am a Certified Election/Registration Administrator. Thank you for the opportunity to comment on PR 18-792, the "District of Columbia Board of Elections and Ethics Mital Ghandi Confirmation Resolution of 2010".

The vacancy for which Board Nominee Mital Ghandi is seeking to fill has existed since February of 2009. The existence of the vacancy for such a long period of time on the three member Board is not fair to the two currently sitting Members and is not good for democracy. With the Council's approval, the Mayor can nominate individuals to fill D.C. Board of Elections and Ethics' vacancies with registered voters from either the D.C. Statehood Green or Republican parties or by a voter registered as an independent with no party affiliation.

I had the pleasure of meeting Mr. Ghandi at a Board meeting when he was nominated the first time and spoke with him on the telephone over the weekend. I have found him to be a gracious man who wants to serve the District and is doing so as an Advisory Neighborhood Commissioner for Single Member District 3E05 and is a member of the Alcoholic Beverage Control Board.

As a nominee, I have a series of questions that I would like for Mr. Ghandi to answer on the public recored. They are:

Does Mr. Ghandi plan to resign from his position as Advisory Neighborhood Commissioner 3E05 as a matter of conflict of interest as other Members of the Board have done in the past?
District law does not allow Members of the Board to hold a paid office or employment in the District government. Does Mr. Ghandi plan to resign from his appointed position on the Alcoholic Beverage Control Board for which he receives a stipend?
According to his resume, Mr. Ghandi served as an international election observer almost 5 1/2 years ago. Did Mr. Ghandi's interest in elections end in the Ukraine and start up again when Mayor Fenty wanted to nominate him to the Board?
Why did he not step up in 2008 during the September Primary and November General Elections when the Board could have used his technological skills when the Board was severely challenged at the time?
And finally, according to Mr. Ghandi's resume, his business, People Reach LLC, is a certified local small disadvantaged business enterprise (LSDBE). Does Mr. Ghanadi's company currently have any contracts with the District government which he would have to curtail if he is appointed to the Board?

In closing, the Board's Fiscal Year 2011 proposed budget has been reduced by approximately $100,000 which will adversely affect the Baord during two challenging elections later this year. As a result, the Board's effectiveness could suffer by cutting two permanent staff positions.

That is why I am wearing my "SOS" pin today which represents the Save Our Safety Net campaign supporting Councilmember Jim Graham's legislation for a Millionaire's Tax in the District of Columbia. I do not support making budget cuts on the backs of poor people or to the services of the Board as it works to keep our elections free, fair, and transparent.

This concludes my testimony and I am available to answer any questions you may have.

DC's New Voting Machines

2010-04-08T11:03:00.008-04:00

The DC Board of Elections and Ethics yesterday demonstrated the city’s new voting machines to be used in the upcoming September 14th Primary Election, which is only 159 days away from today. The machines were purchased from Election Systems and Software (ES&S) http://www.essvote.com/HTML/home.html.

The M100 paper ballot optical scan voting machine (top) http://www.essvote.com/HTML/products/m100.html and the ivotronic touch screen voting machine http://www.essvote.com/HTML/products/ivotronic_rtal.html (bottom) were on display during the Board’s regularly scheduled meeting. The ivotronic is accessible for voters who are blind or with low vision capabilities and mobility disabilities.

At the Board’s public meeting, ES&S representatives emphasized the voter-verifiable voter record as required by D.C. Law 18-103, the Omnibus Election Reform Act of 2009. After the meeting, members of the public were invited to vote on the machines.

Revised Voter Registration Form

2010-01-25T13:31:00.001-05:00

In compliance with District of Columbia Act 18-238, the “Omnibus Election Reform Act”, http://www.dccouncil.washington.dc.us/images/00001/20091120113116.pdf, the District of Columbia Board of Elections and Ethics (DCBOEE) recently revised its voter registration form http://www.dcboee.org/pdf_files/Mail_VRForm_HAVA2003.pdf.

Changes to the form include:

· Information about the change in the age to vote in the District of Columbia which states that you must be at least 17 years old and be at least 18 years old by the next general election; and

· A yes or no question asking “Would you like information on serving as a poll worker for the next election?”.
As a result of the passage of the Act, 17 year old individuals can register and vote in a primary election, if they will be 18 by the next general election. The City Council’s Committee on Government Operations and the Environment (CGOE) reported that “according to testimony presented before the Committee almost half of the states have moved toward this policy because it ‘gives voting-age young people a voice in who appears on the general election ballot [and] encourages young people to vote in the first election for which they are eligible, which has been shown to promote lifelong political participation.’”

CGOE also reported that the Act reduces the age of pre-registration to 16 years old because it “would have the important effect of allowing all persons who register for a driver’s license to register to vote, and would likely increase voter registration in the District.”

Also included in the report, the Act requires the DCBOEE to “include a check-off for voters to signal their interest in being a polling place worker. This small change could have significant effects in polling place worker recruitment.” This is something that I had advocated for years and it took an Act of the City Council to finally get it done.

The DCBOEE took a step on its own and added a box on the form asking for an E-mail address of the applicant. Though the response is optional it will serve as an excellent tool to use to get in touch with the applicant if additional information or clarification is needed regarding the application.

All in all these are good changes that should help with increasing voter participation, recruiting poll workers, and administering the basic duty of the agency which is to register District of Columbia voters.

Poll Tax Eliminated On January 23, 1964

2010-01-23T10:22:00.001-05:00

On this day in 1964, the 24th Amendment to the United States Constitution http://www.archives.gov/exhibits/charters/constitution_amendments_11-27.html was ratified to eliminate a poll tax as a prerequisite to voting.

The proposed amendment was passed by Congress on August 27, 1962, sent to the states, and ratified on January 23, 1964.

The full text follows:

AMENDMENT XXIV
Section 1. The right of citizens of the United States to vote in any primary or other election for President or Vice President, for electors for President or Vice President, or for Senator or Representative in Congress, shall not be denied or abridged by the United States or any State by reason of failure to pay any poll tax or other tax.
Section 2. The Congress shall have power to enforce this article by appropriate legislation.

This was the right thing to do and should have been done long before 1964.

Martin Luther King Jr. Day

2010-01-18T20:48:00.002-05:00

In the spirit of Martin Luther King Jr., District of Columbia residents should exercise their freedom to register to vote, vote, and serve as pollworkers for the D.C. Board of Elections and Ethic (DCBOEE) http://www.dcboee.org/election_info/election_day_worker/edw_step1.asp on Election Day.

As an exemplary American, Dr. King is honored on this day for his service to our country working for equality.

The King Center http://www.thekingcenter.org/Default.aspx is promoting A Day of Service to the community. I believe the Day of Service should be extended to include two more days for serving as pollworkers for the two regularly scheduled elections to be held later this year – the September 14 Primary and the November 2 General Elections.

It is through the volunteer efforts of D.C. registered voters that elections in our city run smoothly. DCBOEE always needs help to ensure the conduct of transparent and error-free elections.

Sixteen and 17 year old high school students can also work on Election Day through the Youth Pollworker Program http://www.dcboee.org/pdf_files/Youth_Pollworker_Application.pdf.

All pollworkers are paid a stipend for their volunteer efforts.

Community service was always a part of Dr. King’s messages and there is no better way to celebrate his life and legacy than to exercise our freedom to vote and to serve at the polls on Election Day.

DCBOEE Followed the Law Regarding the “Marriage Initiative of 2009”

2009-11-30T11:30:00.000-05:00

On November 17, the District of Columbia Board of Elections and Ethics (DCBOEE) issued its decision http://www.dcboee.org/pdf_files/nr_227.pdf that the “Marriage Initiative of 2009” is “not a proper subject of initiative because it would authorize discrimination prohibited under the Human Rights Act (‘HRA’).”

The DCBOEE’s memorandum opinion and order states that “[u]nder current law, the District recognizes same-sex marriages validly performed in other jurisdictions. The proposed Initiative seeks to prohibit the District from continuing to recognize these same-sex marriages. The Initiative instructs that ‘only marriage between a man and a woman is valid or recognized in the District of Columbia.’ If passed, the Initiative would, in contravention of the HRA, strip same-sex marriage couples of the rights and responsibilities of marriages currently recognized in the District.

“The District’s Initiative, Referendum and Recall Procedures Act requires the Board to refuse to accept referenda and initiatives which violate the HRA. Because the Initiative would authorize discrimination prohibited by the HRA, it is not a proper subject for initiative, and may not be accepted by the Board.

“ORDERED that the Initiative is RECEIVED BUT NOT ACCEPTED pursuant to D.C. Official Code § 1-1001.16(b)(2).”

The law is what it is.

Today In History

2009-11-10T21:16:00.003-05:00

On this date in 1917, 41 suffragists were arrested when picketing outside the White House. According to http://www.suffragist.com/, some, including Paul and Lucy Burns, go on a hunger strike while in jail. Of course, their militancy earns them sympathy from some and disdain from others.

Council of the District of Columbia Passes the “Omnibus Election Reform Act of 2009”

2009-11-08T20:55:00.000-05:00

D.C. City Council’s second and final vote on Tuesday, November 3, on Bill 18-345, the “Omnibus Election Reform Act of 2009”, served as a major step forward for voting in the District of Columbia.

It will be remembered as the day when the City Council voted unanimously, with amendments, to make voting and registering to vote easier for D.C. residents. In addition, Bill 18-345 will hold the D.C. Board of Elections and Ethics (DCBOEE) more accountable for the administration of elections.

During the Council’s November 3 deliberations on Bill 18-345, the bill was amended by:
• Requiring a voter who uses the same-day registration process, which allows a District of Columbia resident to register and vote on election day, to vote provisionally by casting a special ballot subject to the DCBOEE determination of eligibility before counting the ballot; and
• Retaining the provision in the District of Columbia Municipal Regulations, Title 3, Elections and Ethics, regarding certification that the circulator of a petition for an initiative or referendum “has not made any false statements regarding the initiative or referendum to anyone whose signature is appended to the petition.”

I support these amendments and believe they strengthen the bill.

DCBOEE Decision Is Still Pending on the “Marriage Initiative of 2009”

2009-11-06T23:27:00.001-05:00

The District of Columbia Board of Elections and Ethics (DCBOEE) conducted a hearing on the “Marriage Initiative of 2009” on October 26 and has not issued an order of their decision.

During the “Public Matters” portion of the meeting of the DCBOEE on Wednesday http://www.dcboee.org/pdf_files/nr_223.pdf the Members of the Board were asked by a citizen when they would issue their order for the Initiative. Board Chairman Errol Arthur replied that “they cannot put a timetable on it.” The citizen pressed on by asking, “Before Christmas?” He again replied that “they cannot put a timetable on it.”

In the meantime, you can read documents received by the DCBOEE related to the Initiative on the DCBOEE Web site at http://www.dcboee.org/newsroom/showASPfile.asp?cat=NewsReleases&id=224.

There is nothing in the D.C. Election Laws or in the DCBOEE regulations that puts a “timetable” on when the Board must issue a decision on an initiative.

Today In History

2009-11-05T20:43:00.002-05:00

On this day in 1872, suffragist Susan B. Anthony http://en.wikipedia.org/wiki/Susan_B._Anthony
is fined $100.00 for attempting to vote in a United States presidential election. She never paid the fine.

D.C.’s Open Voter Roll Is in Stark Contrast to Virginia’s Strict Law Denying Access to Theirs

2009-11-01T23:20:00.000-05:00

A recent article in The Washington Post http://www.washingtonpost.com/wp-dyn/content/article/2009/10/29/AR2009102904427.html?hpid=newswell reveals a stark contrast between D.C.’s open voter roll and Virginia’s strict law about who has access to theirs.

Reporter Frederick Kunkle reported that Know Campaign’s intention to use the voter roll, which included voter history, was going to be used for a “mass mailing “to “simply motivate people to vote” in the upcoming statewide election on November 3.

“Under Virginia law, the Board of Elections can furnish lists of voters only to the courts, the Department of Motor Vehicles, bona fide political candidates, political parties, political action committees and nonprofit groups that promote voter education or registration,” Kunkle reports. “The law further restricts access to voting histories, prohibiting the Board of Elections from giving the histories to anyone except candidates, elected officials or political party chairmen. Those who do obtain the lists are also required to sign a statement, under penalty of perjury, promising not to disseminate the information to those not authorized to have it.”

However, in the District of Columbia, anyone who has $10.00 can obtain a copy of D.C.’s voter roll http://www.dcboee.org/pdf_files/Data_Request_Form.pdf including political party affiliations, registration dates, and voter histories. The same information is available for public review in hard copies in the Board’s office and in the Martin Luther King, Jr. Public Library.

Once purchased, D.C.’s voter roll can be used for political, nonpartisan, and commercial purposes. It can also be re-packaged and re-sold.

This is quite a contrast to Virginia’s law. Wouldn’t you say?

Happy Halloween!

2009-10-31T15:43:00.003-04:00

In the spirit of Halloween, I am posting a picture of my favorite 2009 carved pumpkin that I found in my neighborhood. Happy Halloween, Everyone!

Today In History

2009-10-28T21:09:00.000-04:00

On this day, in 1886, the Statue of Liberty was dedicated in New York Harbor by President Grover Cleveland.

D.C. Federation of Citizens Association Focuses on Bill 18-345

2009-10-27T23:17:00.000-04:00

At the D.C. Federation of Citizens Association (DCFCA) Delegate Assembly meeting tonight, I was asked the tough questions with regard to the District's voter roll and Bill 18-345. The Assembly paid special attention on the D.C. Board of Elections and Ethics’ (DCBOEE) ability to implement the proposed changes in time for the 2010 elections.

As the keynote speaker at tonight’s meeting, DCFCA President Carroll Green asked me to address the question of "How does one reform a severely flawed system without first purging the rolls?" In an attempt to answer the question, I addressed the current actions being taken by the new DCBOEE Executive Director Rokey Suleman III and the limitations of federal election law. And, togehter, we reviewed and discussed Bill 18-345 and how it will impact the administration of elections in the District.

As active members in their respective communities, those present had anecdotal examples of how it could help and hurt D.C. voters.

Among others, the group zeroed in on the following issues:

• The additional impact on the pollworkers if same-day registration is enacted considering their regular duties, including curbside voting;

• The impact that same-day registration will have on an already bloated voter roll, including duplicate names and names of those who are deceased (a printout of voters was shared with the group);

• University students using same-day registration to vote in D.C.’s September primaries and then voting in their home states in the November general elections;

• The importance of voter education to ensure that voters are ready for the 2010 elections, and the possibility of involving the D.C. League of Women Voters;

• The need to educate voters about how to use the new voting machines to ensure that their votes are counted;

• The impact that same-day registration will have on turnout on Election Day with regard to the facilities used as polling places (entrance to St. John’s College was used as an example);

• The occurrence in a recent primary whereby voters were given party ballots for a party other than the one in which they were registered, according to the poll book; and

• Ensuring that voter cards issued on Election Day match the voters who signed the poll book and that they do not also receive and vote an absentee ballot.

It was a rewarding experience for me to have spent time with this informed group of individuals who are engaged in their communities.

DCBOEE to Hold a Public Hearing on the “Marriage Initiative of 2009”

2009-10-19T22:10:00.000-04:00

The D.C. Board of Elections and Ethics (DCBOEE) has scheduled a special meeting to conduct a public hearing to determine whether the “Marriage Initiative of 2009” is the proper subject matter for an initiative. The hearing will take place on Monday, October 26, 2009, at 10:00 a.m. in the Old Council Chamber in the One Judiciary Square building at 441 Fourth Street, N.W.

Anyone who wishes to present testimony is requested to do the following: provide your name, address, telephone number, and the name of the organization you are representing (if any) by calling the DCBOEE General Counsel’s office at 727-2194 no later than Friday, October 23.

I have pasted below the short title, summary statement and legislative text of the proposed initiative:

SHORT TITLE
“Marriage Initiative of 2009”

SUMMARY STATEMENT
The initiative, if passed, will provide that only marriage between a man and a woman is valid or recognized in the District of Columbia.

LEGISLATIVE TEXT
BE IT ENACTED BY THE ELECTORS OF THE DISTRICT OF COLUMBIA, That this act may be cited as the “Marriage Initiative of 2009.”

Sec. 2. Chapter Forty-Three of An Act To establish a code of law for the District of Columbia, approved March 3, 1901 (Title 46, Subtitle I, Chapter 4 of the District of Columbia Official Code, D.C. Official Code § 46-401 et seq.), is amended by adding a new section providing as follows:

Only marriage between a man and a woman is valid or recognized in the District of Columbia.

Sec. 3. Effective Date. This act shall take effect in accordance with the provisions of § 1-1001.16 and § 1-206.02 of the District of Columbia Official Code.

Requirements for Pollworkers under D.C. Bill 18-345

2009-10-15T15:05:00.000-04:00

Pollworkers are the frontline workers on Election Day for the D.C. Board of Elections and Ethics (DCBOEE). To the voters, they are the face of the election while providing a much appreciated service to the citizens of the District of Columbia.

Bill 18-345, the “Omnibus Election Reform Amendment Act of 2009”, is amending the Election Code in two areas that relate to pollworkers. Among other things, I am addressing below only two of the amendments that I believe will most affect DCBOEE.

First, Bill 18-345 requires the DCBOEE to “provide a field on voter registration forms to allow an applicant to include his or her interest in working as a polling place worker during the next election”. If passed, this would be an excellent amendment to the law and an excellent recruitment tool that I have advocated for years. Other jurisdictions have been doing it and benefitting from it for a long time.

The United States Election Assistance Commission (EAC) conducted a best practices study on pollworkers and produced Successful Practices for Poll Worker Recruitment, Training, and Retention, July 2007, 2nd Edition at http://www.eac.gov/election/poll%20workers/sueccessful-practices/. The study includes comprehensive information that election administrators need for success on the frontline on Election Day.

The EAC suggests using the voter registration forms for double duty service to include a check box to indicate a registrant’s interest in serving as a pollworker. According to the EAC report, a number of States and jurisdictions include such a check box on both voter registration and on change of address forms. Further, the check boxes on the forms let those who are registering to vote know that they are also welcome and needed to serve at the polls.

Second, if Bill 18-345 is passed by the City Council and becomes law, pollworkers will be required to “complete at least 4 hours of training”. This amendment needs to be considered based on the restrictions of time for our volunteer pollworkers who are paid a small stipend for a long day of community service Election Day.

At the City Council’s Committee on Government Operations and the Environment's July 13, 2009, public hearing on Bill 18-345, Kenlee Ray, a Ward Two Precinct Captain, testified that the four hour training requirement for pollworkers should be removed from the bill.

“Today’s pollworkers need better-designed training and supplemental materials that reflect the ‘best practices’ one finds in high performing organizations, not longer training sessions,” Ray stated. “High performing organizations started to move away from long sessions in the mid-90’s and replaced them with short 45 to 60 minute sessions followed by more targeted training delivered in the form of quick tips and updates.”

“Many of my workers have demanding jobs, or are independent consultants, and can’t take the time away from work for long training sessions,” Ray further stated. “Faced with a 4-hour requirement, most of them will quit.”

As a Precinct Captain from 2004 through the three 2008 elections, she spoke eloquently at the public hearing from her experiences, “during this last election (Blogger’s note: November 4, 2008 Presidential General Election) a lot of young adults volunteered to work at the polls. Since the average age of an election worker in the US is 73, we need to keep the Nextgen engaged as pollworkers. They act and think in different ways. They respond to sound bites and they want training to be delivered through a variety of media including podcasts, wikis, and tweets.”

“High performing organizations deliver training to the individual’s desktop or other electronic devices, thus allowing the individual to fit the training sessions into his schedule and to his learning pace,” Ray said. “The belief that DC pollworkers must troop down to Judiciary Square to receive training is outmoded. ‘One Size Training’ does not work. Some workers quickly master new skills. However, several in the current pool of election workers have such a lack of education or basic work and life skills that they would have difficulty mastering the pollworker jobs even if they received weeks of training.”

As a Precinct Captain who supervises DCBOEE front line pollworkers in only one of the District’s 143 polling places, I find Ms. Ray’s comments to be invaluable. Unfortunately, the practical experiences of other 142 Precinct Captains were not heard at the public hearing, because she was the only one to testify.

I support Ray’s comments wholeheartedly. However, I wonder about the invaluable insights the other 142 Precinct Captains might have had to offer the Committee on Government Operations and the Environment. I further wonder about why were they not there?

D.C. Affairs Section of the D.C. Bar to Host Program on Elections Reform Bill

2009-10-12T15:13:00.000-04:00

James Bubar yesterday announced that the D.C. Affairs Section of the D.C. Bar is hosting a program on Bill 18-345, the “Omnibus Election Reform Act of 2009”, on Friday, October 16, from 12:30 to 2:00 p.m. The event will take place at Wiley Rein law firm at 1776 “K” Street, N.W.

In his announcement at http://www.dcwatch.com/themail/2009/09-10-11.htm, Bubar stated that the program speakers will be Ward 3 Councilmember Mary Cheh, Chair of the City Council’s Committee on Government Operations and the Environment, and Eric Marshall, Campaign Manager, National Campaign for Fair Elections, Lawyers’ Committee for Civil Rights Under Law’s Voting Rights Project.

Everyone is welcome to attend and the event is free; however, an RSVP is requested by sending an e-mail to Sally Kram at skram@consortium.org.

The Impact of D.C. Bill 18-345

2009-10-11T21:44:00.000-04:00

Bill 18-345, the “Omnibus Election Reform Act of 2009”, is making its way through the final stages of the City Council’s legislative process. If enacted, the bill would make major changes to the voting and election administration processes in our city.

Unfortunately, the committee print of Bill 18-345, which is before the City Council, is not available online for public review. Therefore I have pasted below the areas of our election law and regulations that would be impacted by the passage of Bill 18-345.

Voter Registration: To allow persons who are 17 to vote in primary elections if they will be 18 at the time of the next general election; to allow for pre-registration of persons 16 years old; to add the Department of Corrections and the Department of Youth Rehabilitative Services
to agencies covered under the National Voter Registration Act; and to permit same-day registration on election day.

Voting Procedures: To allow for no-fault absentee voting which would remove the requirement to provide a reason to vote by absentee ballot; to require the use of early voting centers prior to election day; to allow out-of-precinct voters to cast special ballots for federal and District-wide elections; and to allow the Board to provide blank ballots to uniformed and overseas voters in federal elections.

Pollworkers: To amend the District of Columbia Merit Personnel Act to allow public employees to take paid leave in order to work as a pollworker if they are D.C. registered voters; to expand the pool of eligible polling place workers; to establish training and certification of pollworkers and to require performance management of pollworkers; and to establish a pollworker check-off on voter registration forms.

Election Administration: To establish specific reporting requirements following elections;
to extend the time for retention of voter-verifiable records; to require the posting of summary counts of votes at the precincts; to require summary logs for voter-verifiable record accounting and reconciliation; to require a voting system with a voter-verifiable voter record; to require a competitive contracting process for new voting systems; to establish post-election audit procedures; to authorize the Board to extend voting hours in emergencies; to provide for the assessment of costs for manual recounts; to clarify the timing in the recall process; to amend the District of Columbia Administrative Procedure Act to clarify that vote data are public records; to require the Board to submit an automatic-voter-registration feasibility study; and to require the Board to establish regulations allowing elections observers uniform and nondiscriminatory access to the election process.

Initiative Process: To repeal the “false advertising” provision in the Board’s initiative regulations.

D.C. Board of Elections and Ethics Members: To establish Board Member qualifications; to establish restrictions on Board Members’ activities; and to impose an open meetings requirement for the Board.

In future postings, I will include more specifics to the areas outlined above.

Bill 18-345 May Get a City Council Second Reading and Vote as Early as Tuesday, October 20

2009-10-07T21:19:00.000-04:00

The City Council’s legislative process requires that legislation must have a second reading and vote by the Council.

That means that the next Council action on Bill 18-345 will be Tuesday, November 3. However, I was informed today by a Council staffer that the Council may have an additional Legislative Meeting on October 20, at which time the second reading and vote could be taken.

This would move up the legislative calendar for Bill 18-345 by two weeks.

For anyone who might want to lobby the Council for amendments to Bill 18-345, time is of the essence.

District of Columbia Bill 18-345, the "Omnibus Election Reform Act of 2009"

2009-10-06T21:10:00.000-04:00

Bill 18-345, as reported out of the Committee on Government Operations and the Environment (CGOE) last Thursday, was on the City Council’s consent agenda today for its 16th Legislative Meeting. It remained on consent without any amendments. Tim Craig of The Washington Post reported on the bill’s highlights at http://www.washingtonpost.com/wp-dyn/content/article/2009/10/06/AR2009100602091.html?hpid=newswell on D.C. Wire.

Earlier this morning, Councilmember Cheh, who chairs the CGOE, offered two amendments which were adopted in the additional Committee of the Whole meeting held before the Legislative Meeting.

Cheh amendment #1 eliminated the eligibility for D.C. government employees to work in the polling place without having to take leave on Election Day. The second Cheh amendment struck the proposed change in the bill to allow “residents of the District” to work at the polling place and inserted the phrase “qualified registered electors in the District” in its place.

In other words, current law remains intact. District government employees can take leave to work on Election Day as long as they are District of Columbia registered voters.

I believe the law should be changed, however, to allow D.C. government employees, who are registered voters in D.C., to take time off from work on Election Day, without having to take leave to work in D.C.’s polling places. Other jurisdictions allow it. There are advantages, because the D.C. Board of Elections and Ethics would have computer-savvy, public oriented pollworkers who are used to working with flexibility for a full day.

In my opinion, government employees make good pollworkers.