Chapter 12   The Central Counting Location

1. Election Judge Panels at the Central Counting Location

Within two days of the vote by mail ballot being returned, until the last contested vote by mail ballot is either counted or packed for storage, election judges — and election judges alone — are responsible for the vote by mail ballots.

While the election judges are impaneled, poll watchers are there.

Poll Watcher Rules

Poll watchers observe under the same rules as in the polling place:
• Poll watchers sees everything.
  Go to: What Can A Poll Watcher See? for more information.
• Poll watchers touches nothing.
  Go to: What Can A Poll Watcher Touch? for more information.
• Poll watchers sits close enough so that they can see everything, but far enough away so that they touch nothing
  and does not interfere with the working of the election judges.
  Go to: Where You Sit Is Where You Stand for further information

Time Commitment

This is the longest time commitment of any poll watcher group. It can extend from the day vote by mail ballots are mailed, 40 days before the election, until the end of the Provisional Ballot Panel, 14 days after the election. If there are problems, it can be extended to 31 days after the election.

Who Is In Charge Of The Space?

Like the polling place, the election judges are in charge while impaneled.

If there is not enough room to do their work, the election judge[s] can ask the election authority for a larger room.

If the room is poorly ventilated, to the point of hindering the performance of their duties, the election judge[s] can ask the election authority for a better ventilated work space.

If the room is inadequately lighted, the election judge[s] can ask for more light.

If there are unidentified people walking through the work space, the election judge can:
• Ask the person to identify themself,
• Ask if they are an election judge assigned to that panel or a credentialed poll watcher,
• Ask them to present official credentials,
• Ask them to leave, and
• Give a lawful order to a peace officer to assist them to leave.

Poll Watchers & Unidentified Visitors

A poll watcher cannot ask an unidentified person to identify themself.

A poll watcher can pose a challenge to an election judge to identify the person and then keep a log of such intrusions.

2. Examination of the Certification Envelope, Before Election Day

Within two days of receipt of a vote by mail ballot, an election judge panel will be convened to examine:
• First, that the voter who has returned the vote by mail ballot has not already voted in–person.
  (Checking the registration should not be a concern, since vote by mail ballots were only mailed to registered voters.)
• The election judge will then examine the signature on the certification envelope to see that it matches the signature on record.
• Finally, the election judge will check that the certification envelope was sealed and that the certification envelop was not opened and resealed.

Checking the Date on the Certification Envelope Before Election Day

It has reached the shell-like ear of the writers of this guide, that some election judges have been instructed to reject mail in ballots if the date is not included on the certification envelope.

The poll watcher should challenge that since the signature and that the envelope be sealed are the only two requirements of the certification envelope before election day.

3. Vote by Mail Ballots Received After Election Day

In addition to the certification envelope being sealed and the signatures matching, as discussed above, the outside envelope of vote by mail ballots received after election day must be postmarked on or before election day.

If There Is No Postmark Or the Postmark Is Unreadable

Then, if an election authority is using an intelligent mail barcode tracking system, the barcode can be used to establish if the vote by mail ballot was mailed before election day.

If Both the Postmark And the Barcode Are Missing, Or Both Are Unreadable

Then, the outer envelope will be opened and the certification/security envelope examined for the certification date.

If All Three Dates Are Missing

The vote by mail ballot is rejected.

If Any One Of The Tree Dates are Readable

Then the ballot is accepted and goes on to be examined for a matched signature & sealing of the certification/security envelope.

The date on the certification/security envelope is only a deciding factor if both the postmark and the barcode are unreadable.

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A Warning To Poll Watchers

Having asked the poll watcher to challenge any rejection of a vote by mail ballots if the ballot is rejected for no date on the certification/security envelope unless all three criteria are met:

(i.e.,
• 1. It is after election day,
• 2. The postmark is missing or unreadable, AND
• 3. The intelligent mail barcode is also missing or unreadable).

We suggest that when you are talking to voters, encourage them to add the date on their certification/security envelope.

While, in most cases, it is not required, it is one less thing to worry about if things to wrong.

4. Acceptance

Only after the ballot is accepted is the certification/security envelope opened by the election judge and the ballot is immediately deposited in the tabulator/ballot box.

If the vote by mail ballot is accepted before Election Day, the ballot is deposited in the tabulator/ballot box for counting after Election Day.

If the vote by mail ballot is accepted after Election Day it deposited in the tabulator/ballot box to be counted in its precinct.

The vote by mail ballots do not leave the election judge panel "to be processed over the weekend".

The election judges are responsible for the counting of the vote by mail ballots, that includes tabulation before Election Day.

The vote by mail ballots do not leave the election judge[s] hand until they enter the ballot box.

There is no further processing to be done. In fact, it is the responsibility of the election judges to see that no further processing is done to the vote by mail ballots.

Poll watchers are permitted to be present when the vote by mail ballots are cast.

5. Rejection

If the vote by mail ballot is rejected, the election judge will write across the certification/security envelope "REJECTED".

Once the certification/security envelope is so marked, the poll watcher can ask that the vote by mail ballots that were rejected because the certification/security envelope was not sealed, be sealed before leaving the panel.

Rejected ballots are forwarded — still within their certification/security envelope — to the Contested Vote by Mail Review Panel.