GRVNC Election Procedures
DRAFT 4/17/04
I.
Definitions
“Absent Voter”
means any voter casting a ballot in any way other than at the polling place.
“BONC” means
Board of Neighborhood Commissioners, the seven (7) member appointed commission
responsible for policy setting and policy oversight, including the approval of
contracts and leases and the promulgation of rules and regulations, but not the
day to day management of the Department of Neighborhood Empowerment or the
neighborhood councils.
“Campaigning”
means a series of actions conducted by a candidate(s) or person(s) on behalf of
a candidate(s) intended to influence voters to vote a certain way. Such actions may include, but are not
limited to, the distribution of printed or electronic material, making of
telephone calls, giving of speeches in a public setting, discussions with
individuals or small groups of voters, placement of signs, etc. (see
Electioneering below.)
“Challenge”
means a written complaint filed by a stakeholder that the election was improperly
conducted including, but not limited to, alleged incidences of voting fraud or
improper candidate activity, and that the results of the election should be set
aside or overturned.
“DONE” means
Department of Neighborhood Empowerment, the City department responsible to
implement and oversee the ordinances and regulations creating the system of
neighborhood councils enacted pursuant to City Charter Section 905.
“Electioneering”
means to solicit a vote or speak to a voter on the subject of marking his or
her ballot; to place a sign(s) relating to any candidate or other matter to be
voted on; to distribute material relating to any candidate or other matter to
be voted on; or to place a sign(s), distribute material, or converse with a
voter on the subject of the voter’s qualifications to vote. Electioneering is an aspect of campaigning
that is generally understood to mean the activities targeted at voters when
they are engaged in arriving to the polling place or in the actual act of
voting.
“Independent
Election Administrator” means the person(s) or organization responsible for
conducting the actual election. The
Independent Election Administrator should be independent from the outcome of
the election and shall have no obvious vested interest in the outcome of the election. Duties include, but are not limited to, setting up and managing
the polling location(s), checking in voters, distributing and receiving
ballots, tabulating the votes, announcing the election results, and securing
the election materials.
“Person” means
an individual human being.
“Prepared
Ballot Election with the Vote-By-Mail Component” means an election in which the
candidates file prior to the election and are included on a printed ballot that
is distributed to and voted by the voters either at: 1) the polling location(s)
on election day or 2) or via the U.S. mail or alternative delivery service.
“Provisional
Ballot” means a ballot cast by a voter whose eligibility to vote in the
election cannot be determined at the time the vote is cast. The voter’s eligibility will be verified at
a later date pursuant to methods specified in the Election Procedures and the
ballot will be processed subject to the outcome of the verification process.
“Proxy” voting
means the written or verbal authorizing of one person to act (vote) for another
as an agent or substitute, (e.g.” I hereby authorize ______ to cast a vote for
_____ in my place.”)
“Recount” means
counting the votes cast again for a particular contest or for the entire
election to determine if the original vote tally is accurate.
“Same-Day
Election Format” means an election in which the candidates are nominated and
the voting takes place on the same day and at the same general location.
“Stakeholder”
means a person who, pursuant to the Neighborhood Council’s bylaws, is eligible
to be a candidate and/or vote in the Neighborhood Council’s governing board
election. At a minimum, a stakeholder is anyone who lives, works or owns
property within the Neighborhood Council boundaries.
“Third Party
Arbitrator” means the person(s) or organization selected to review and issue
final findings relative to a Challenge filed against the election. This person(s) or organization shall not be
the Independent Election Administrator and
should be independent from the outcome
of the election and shall have no obvious vested interest in the outcome of the election. The primary Third Party Arbitrator will be a
panel composed of Neighborhood Council Representatives although another
person(s) or organization may be used if the panel of Neighborhood Council
Representatives cannot perform the function.
“Vote-By-Mail
Ballot” means a ballot that is voted and placed in a sealed envelope, which is
then delivered to the election official via the U.S. mail, private courier or
hand delivery.
“Write-In
Candidate” means a candidate who is not included on the prepared printed ballot
but for whom voters may cast a vote by writing in the candidate’s name in the
appropriate space provided on the ballot.
“IRV” means
Instant Runoff Voting as described in Robert’s Rules of Order, 10th
edition as Preference Voting.
II.
Summary
of Election Rules Procedures
A. This document sets forth the rules and
procedures for the Sunday June
27 and Monday, June 28 2004 GRVNC Election meeting at the Westminster Elementary
School (1010 Abbott Kinney Avenue, Venice, CA 90291). The GRVNC shall hold a prepared ballot election with a vote-by-mail component
and a write-in candidate component.
Voting polls shall be open between the hours of Sunday 12 p.m. to 4 pm.and Monday 5PM to 9PM. Proxy voting is not allowed.
All stakeholders shall cast votes to elect
the following GRVNC Officers:
Only stakeholders that live in a
GRVNC district shall cast votes to elect the District Representative in that
District. Working, owning property, or
other types of stakeholder claims are not sufficient to be eligible to vote in
district elections.
1.Lincoln Place
District Representative
2. Ocean Front Walk District Representative
3. Oakwood
District Representative
4. Venice High District Representative
5. Abbot Kinney
District Representative
6. Triangles District Representative
7. Canals &
Peninsula District Representative
i.
“Seven officers shall be
elected from Voting Members who live (either homeowner or renter) in each of
the following districts of the GRVNC boundary area:”
ii.
“Seven officers who live in
each of the following districts of the GRVNC boundary area shall be elected to
the board. Only stakeholders that live
in each of these districts shall be able to vote for that district representative.”
III.
Election
Timeline
A. -60
Day Outreach and Notification Requirements
1.
The GRVNC
shall hold a noticed public meeting on May 1, 2004 at Beyond
Baroque to provide information about the GRVNC and to discuss and
distribute these election procedures, voter registration forms and other
pertinent election information.
2.
No later
than May 6, the GRVNC
shall mass-distribute by bulk
mail a general information flyer containing, at a minimum, information
regarding:
a.
The name and general
purpose of the GRVNC and announcement of the Board Member elections.
b.
The
definition of a GRVNC Stakeholder pursuant to GRVNC Bylaws Article III.
c.
The dates, hours and
locations of the election.
d.
The opportunity and
process for becoming a candidate.
e.
Voter
eligibility requirements.
f.
The Vote-By-Mail process,
including application and ballot submission procedures.
g.
Upcoming
election related meetings.
h.
Sources to
obtain additional information.
i.
IRV voting method explanation
3.
The GRVNC
shall post the election information contained in the general information flyer
along with a contact telephone number at least at the Vera
Davis Center, Cow’s End, Abbot’s Habit, and Gourmet Coffee Warehouse on Rose
and via email.
B. -30 Day Outreach and
Notification Requirements
1.
Between the
period of 60 and 30 days before the election, the GRVNC shall post candidate
filing and other related election information and deadline dates along with an
information contact telephone number at Vera Davis Center and via email and website.
2.
The GRVNC
shall hold a publicly noticed candidate informational meeting on May 16, 2004 at (Beyond Baroque) to
explain the establishment of, function of and opportunity to serve on the GRVNC
Board of Officers and to accept candidate nominations for the printed
ballot. At the meeting, the GRVNC shall
distribute copies of, and provide training related to, the GRVNC Bylaws;
Election Procedures, candidate and voter registration forms, candidate filing
and verification of eligibility requirements for placement on the ballot, write in candidate procedures,
IRV Voting Procedure,
campaigning procedures and any campaigning restrictions, requirements upon
winning office, and any other information the GRVNC determines would be useful.
C. -21 Day Outreach and Notification
Requirements
1. No later than June 7 , the GRVNC shall mass-distribute an election information
reminder flyer containing at a minimum: the date(s),
time, place(s) of the election, the candidates that will appear on the ballot, GRVNC candidates info web-page and all candidates’ 100 word statements,
Vote-By-Mail application and ballot
submission process, write-in candidate procedures, IRV voting explanation and contact numbers for
obtaining additional information. Any GRVNC Initiatives or Referendums
or Advisory Measures on the ballot.
D.
-7 Day or –14 Day
1.
Executive
Committee “Debates”
2.
District
/ At-Large “Statements”
2.
Vote-by-mail
application deadline
E.
Election
Day(s)
1.
Sunday June 27
and Monday, June 28 2004 (no vote-by mail component)
2.
Sunday June 27
(with vote-by-mail component)
F.
4 Day
Candidates’ Voter Inspection Deadline
1.
July 1
2.
Only
un-accompanied candidates allowed to inspect.
G.
14 Day
Vote Counting
1.
July
10-11
IV.
Independent
Election Administrator
A. Identification
of the Independent Election
Administrator
The League of Women Voters shall serve as
the Independent Election Administrator.
As Independent
Election Administrator, the
League may utilize the staff, material, equipment and facility resources
of the GRVNC or DONE to assist them in carrying out the election administration
duties and they may consult
with the Center for Voting and Democracy on IRV vote counting procedure. Candidates for the GRVNC Board of Officers
may not participate in any way in the handling/counting of ballots,
voter/candidate registration/verification, and/or assisting voters engaged in
the act of voting in translating the voting material or explaining the voting
process.
B. Responsibilities of the Independent
Election Administrator
The
Independent Election Administrator retains the ultimate authority and
responsibility for the administration of the election. The
Independent Election Administrator shall be responsible for the following
duties:
1.
Reviewing and providing input
on the GRVNC draft Election Procedures.
2.
Processing of candidates
including verification of eligibility and conducting or supervising the
candidate forum(s).
3.
Processing of voters
including pre-registration and verification of eligibility as applicable.
4.
Overseeing and approving the
preparation of the ballot to be used in the election.
5.
Distributing and receiving
ballots from the voters.
6.
Verifying provisional
ballots.
7.
Counting and recounting the
ballots.
8.
Issuing the election results.
9.
Securing and submitting all
election materials for records retention in accordance with the GRVNC Bylaws
and Election Procedures.
10. Resolving challenges to stakeholder status.
V.
Candidate
Nomination Process
Candidates must be GRVNC
Stakeholders and registered GRVNC Voters .
A candidate may run for only one GRVNC office at an election.
A. Nomination
for the Printed Ballot
1. Nominations
for the printed ballot are open from April 27, 2004 through May 30, 2004, and may be made at the
GRVNC meeting held at
the “30 day Meeting”
2.
Nominations for the printed ballot are to be made by postal mail at an address
provided by the IEA. Candidates may
email nominations@grvnc.org for instructions on
mailing nominations via post.
3. In
order to qualify as a candidate, an individual must verify his or her
stakeholder status by providing the Independent Elections Administrator with GRVNC Voter Registration Card, or complete written
equivalent with signature. Candidates for District Representative must live in
the district for which they are candidate.
4.
The Independent Elections Administrator is
responsible for verifying a candidate’s eligibility
and certifying that a candidate has been accepted for inclusion on the printed
ballot.
5.
The Independent Elections Administrator shall
issue a printed receipt to a candidate to verify that
the candidate’s nomination has been accepted and that the candidate will be
included on the printed ballot. An
email will also be sent if the candidate provides an email address.
6.
If the Independent Elections Administrator
rejects a candidate’s filing application, that candidate
may request DONE to review their candidate filing application with the
Independent Election Administrator.
Subsequent to their review, DONE will issue a final determination as to
whether the candidate will be allowed to run for office.
7.
Deleted
8.
A list of candidates
certified to appear on the printed ballot shall be posted at the official GRVNC
posting location and on the
GRVNC website. The list should
be updated within three (3) days of any candidate being certified and final
list of certified candidates must be issued and posted within 3 days of the
close of candidate filing.
Candidates
may be nominated on election day from the floor as write-in candidates pursuant
to the procedures set forth in Section ?? of these procedures (below). The documentation
for verification for write-in candidates shall be equal to that of printed
ballot candidates. The verification
process for write-in candidates may occur after the election if time does not
allow for the verification to be completed before the election, provided,
however, that a write-in candidate that is elected shall not be seated until
the verification process is completed.
A. Oversight
The Independent
Election Administrator is responsible for overseeing and approving the design
of the ballot(s) to be used in the GRVNC Board of Officers election.
B. Ballot
Specifications
1. All Ballots shall be
“legal” size copy paper. There shall be
8 different ballot types. One with
at-large races and all ballot measures only which shall be white. Seven with
all the at-large races, ballot measures, and only one of the seven district
representative races.
i.
Distict 1 : Very Light Red
ii.
District 2: Very Light Orange
iii.
District 3: Very Light Yellow
iv.
District 4: Very Light Green
v.
District 5: Very Light Blue
vi.
District 6: Very Light Indigo
vii.
District 7: Very Light Violet
2.
Candidates titles must be less than 30 characters in length.
3.
The ballots shall use the same size, font and color of type for
all candidate names.
4.
The ballots shall use the same
size, font and color of type for all candidate titles.
5. All ballots shall be
uniquely numbered, either at time of printing or at time of issue to voter in
order to create a ballot identification process.
6. The ballot
identification process is to be used solely by the Independent Election
Administrator or the Third Party Arbitrator to facilitate resolution to
election challenges.
7. The voters shall be
informed within the ballot instructions or sign-in forms, that the Independent
Election Administrator or the Third Party Arbitrator will be the only ones
permitted to review both documents and to do so solely for the purpose of
resolving formal challenges to the election.
8. Candidates will be
listed on the ballot in Alphabetical order by last name, as in a phone book
9. The ballot instructions
shall be white, 8.5x11 paper containing:
i.
Demonstration of IRV voting using fictitious names using same layout
format as candidate races on the ballot.
ii.
Notice that not ranking the candidates, but only marking/indicating a
single candidate, will be counted as voter indicating a ranking of 1 (one) for
that candidate.
iii.
Notice that ranking a subset of candidates does not aid those candidates.
iv.
Encouragement to rank all the candidates for each voted race (but to
still choose only one district race) in case the voters top choice is
eliminated before the final runoff round.
v.
Notice of Ballot tracking system and safeguards.
vi.
Directions to vote for every at-large seat.
vii.
Directions to CHOOSE ONLY ONE district race if multiple districts are
printed on the same ballot.
10. The ballot shall contain all
Initiatives/Referenda/or Advisory Measures placed there by the board. The board shall identify competing measures
and if there are more than two competing measures, IRV shall be used to allow
voters to rank the measures in order of preference in order to avoid spoiler
initiatives.
11. Campaigning
C. Use
of City Logos Prohibited
The
use of the City Seal, DONE logo, any DONE created official certified
Neighborhood Council designation, or any GRVNC created logo on candidate campaign materials is
prohibited. Doing so may cause disqualification from the election.
D. Candidate
Endorsement by GRVNC Board Prohibited
The
GRVNC Board of Officers, acting in its official capacity, is prohibited from
endorsing or campaigning for any candidate or group of candidates running for
the GRVNC Board of Officers. This
provision does not restrict the right of individual GRVNC Board of Officers
members, acting as individual stakeholders, or any other stakeholders, from
endorsing or campaigning for any candidate or group of candidates.
E. Use
of City Property
No City facilities, equipment, supplies or other City
resources shall be used for campaigning activities except as provided
below. City facilities may be used:
1.
To hold a candidate forum sponsored by the GRVNC;
2.
To hold the GRVNC election; or
3.
If the individual has obtained approval from an authorized
representative of a City Department or Commission (if managing a Department)
for use of the facility.
City
resources may be used by the GRVNC for communicating with voters through the
printing and mailing of a voter information pamphlet which includes candidate
statements and/or the posting of candidate statements on its website. To the extent that the GRVNC provides
candidate statements to the voters or the GRVNC mailing list to candidates,
candidates shall be given access in a timely and uniform manner.
VII.
Voter
Eligibility
All voters must be
GRVNC Stakeholders as defined by the GRVNC Bylaws and all GRVNC Stakeholders
must be given the opportunity to vote, subject to GRVNC Bylaws age
restrictions. If any person’s voter
registration is rejected during the pre-registration process, that voter may
request DONE to review their voter registration application with the
Independent Election Administrator.
Subsequent to their review, DONE will issue a final determination as to
whether the voter will be allowed to vote in the election. Challenges to stakeholder status made during
the actual election will be handled pursuant to the Provisional Voting procedures
specified in Section ??,
below.
A.
Election
Day Voter Registration
1.
GRVNC bylaws state that
stakeholders must sign an affirmation that they are stakeholders when
requesting a ballot. Therefore all who
come to vote on election day will need to sign the new GRVNC voter registration
form in order to receive a ballot.
2.
The IEA shall verify that
election day voters did not request a Vote-by-mail ballot.
1.
After election day, the IEA
shall for 4 days make the poll and absentee registration data available for
inspection to all unaccompanied candidates.
The list may only be inspected and not copied and may be used by a
candidate for purposes of challenging a ballot. It shall not be publicly released unless ordered to by DONE.
a.
The candidate shall
challenge a particular voter in writing, by name, by writing the voters first
initial, last name, and voter ID (or ballot) number and the reason for the
challenge. See Provisional Voting
Section for reasons a candidate make challenge a voter and how it is to be
resolved.
2.
VIII.
Polling
Place Operations
A. Site
Selection
In selecting the Westminster Elementary
School as the site of the 2004 GRVNC Election meeting, the GRVNC Rules and
Election Committee has determined that the site:
1.
Is of
sufficient size to accommodate the voter sign-in process, actual voting, and
any allowable candidate/campaign activities;
2.
Includes
sufficient automobile parking space;
3.
Is
convenient for those utilizing public transportation; and
4. Is
accessible for the disabled.
B. Polling
Place Set-Up
The GRVNC Rules and Elections Committee
shall recruit sufficient non-candidate volunteers to assist the Independent
Election Administrator in the administration of the election. This includes, but is not limited to:
1.
Setting up
and operating voter registration tables;
2.
Setting up
voting booths;
3.
Setting up
and monitoring ballot boxes;
4.
Designating
and monitoring an electioneering area;
5.
Posting
required signage.
C. Accommodation
of Disabled Voters
In the event that a disabled voter is
unable to access the polling place, such a voter may request that a ballot,
registration materials and voting materials be delivered by an authorized
polling place worker to the polling place parking area or other nearby area
outside of the polling place.
D. Public
Posting of GRVNC Bylaws and Election Procedures
The GRVNC must conspicuously
post a copy of the GRVNC Bylaws and Election Procedures at the polling site for
stakeholder review.
E.
List of
Certified Write-in Candidates
The GRVNC must conspicuously post a list of any certified write-in candidates at the polling site for stakeholder review.
F. Electioneering
Activities
Electioneering, including the distribution of campaign
literature, is restricted to the designated electioneering area. An election day candidates’ forum will be held promptly just before the
polls open on [the first] voting day. The designated electioneering area
shall be clearly marked by the Independent Election Administrator.
Candidates or other individuals electioneering outside
of the designated electioneering area will be in violation of these Election
Procedures and will be required to leave the election premises. Flagrant violators who continue improper
electioneering outside the designated area as determined by the Independent
Election Administrator may have their candidacy invalidated if they refuse to
leave after being so requested by the Independent Election Administrator.
G. Election
Observers
Any individual shall be allowed inside the
polling site throughout the election as an election observer, provided that the
observer does not, in any way, attempt to interfere with or influence the
activities of the polling place workers or the voters.
H. Language
Interpretation and Other Voting Assistance
Voting Instructions shall be printed on the ballot in
English and Spanish. An interpreter shall be available to assist Spanish
speaking voters. Additional
interpretation services shall be available upon request. Such a request must be submitted to DONE no
later than June 1, 2004.
Any voter may designate another person who
is not a candidate in the election to assist him or her in the voting process.
I.
Election
Day Candidate Forum
Last year’s GRVNC elections procedures
contain detailed instructions for the conduct of an election day candidate
forum, including election day candidate nominations “from the floor.” Should you choose to include such a
component in the 2004 election, I would be happy to adapt last year’s language.
J. Opening
and Closing Announcements
1.
At 1PM., the Independent Election Administrator
shall announce in a loud voice in front of the polling site that the polls are
open.
2.
At 4:50 p.m. (10 minutes prior to the
closing of the polls), the Independent Election Administrator shall
announce in a loud voice in front of the polling site 10 minutes before the
close of polls that the polls will close in 10 minutes.
IX.
At-Polls Voting Procedures
(a) Sunday,
June 27, 12:00PM – 1:00PM (candidates forum) 1:00PM-5:00PM polls open; Monday,
June 28th, 5:00PM – 9:00PM
(polls open)
(b) All
voters shall sign a new GRVNC Voter registration card to affirm their
stakeholder status and GRVNC district lived in. The IEA shall verify all items
are completely filled on the form. Specify
the voter check-in process, including any identification requirements and
acceptable means for satisfying the identification requirements.
(c) Candidates may challenge the
stakeholder-ship of any voter on election day and after election day. No other person shall have standing to issue
such a challenge. Upon challenge, the
voter may either produce a credential to resolve (as listed under Provisional
Voting procedure) or testify to the IEA as to the validity of their stakeholder
status. Upon testifying the IEA shall
either resolve the challenge (and issue a ballot to the voter) or delay
resolving the challenge until after the election (and issue the voter a
provisional ballot). The IEA may use
any method they see fit to aid the resolution of the challenge. See Provisional Ballot section for details
on further resolving.
a. Voter
Registration will be done in an area away from the polling places so that
candidates may observe registration process.
b. Candidates
may not, under any circumstances, touch the voter or the voter’s ballot, talk
about the voter to anybody except the IEA.
Candidates may only ask a voter for their ballot number and request a
challenge to the IEA.
(d) The
type and format of the ballot issued will depend on the voter’s stakeholder
claim. If the voter lives in Venice, a
colored ballot with the race from voter’s the indicated district will be
issued. All others voters will be
issued a white ballot which contains no district races.
(e) The IEA
shall identify the process to allow a voter to obtain a
replacement ballot if the original ballot is spoiled or miss-marked.
(f) Identify
any procedures that will be implemented to facilitate the participation of
seniors, the disabled or other special needs groups in the election.
(g) Any
persons in line outside of the poll at the time of the closing of the polls
will be allowed to vote.
(h) Only
the Independent Election Administrator or his or her assistants shall be
allowed to issue, receive or process ballots from the voter.
X.
Vote-By-Mail Procedures (I’ll draft
this section when the verification process is finalized by the Board.)
At a minimum, the Vote-By-Mail section of the Election
Procedures must be modified according to Election Committee votes: Vote by mail procedures: (Section
IX, Item D of 2004 draft procedures)
"(d)
Provide that the IEA will oversee and approve the preparation and distribution
of a Vote-by-Mail application which contains spaces for the following
information:
i.
traditional "GRVNC Membership and Voter Registration card"
ii.
return pre-printed envelope "Vote by Mail"
iii.
return ballot,
iv. name
and date of the election
v. the
date on or before which the application must be received (to be pre-printed on
the application
vi. the
address where the application is to be mailed or delivered (to be pre-printed
on the application)
vii.
ballot may not be distributed until IEA receives full GRVNC voter registration
information
(a)
Identify the process for obtaining and submitting a
Vote-By-Mail application, including when the application will be available,
where to obtain the application, the information required on the application,
the deadline for submission of the application, the address where the
application is to be mailed/delivered.
(b)
Provide that any voter eligibility documentation
requirements requested of Vote-By-Mail voters must be equal to those requested
of At Polls voters.
(c)
Designate the Independent Election Administrator as the
entity that will process the Vote-By-Mail applications and ballots. By mutual
agreement with the Neighborhood Council and DONE, the Independent Election
Administrator may utilize the DONE offices as the designated mailing or delivery
address for Vote-By-Mail applications and ballots.
(d)
Provide that the Independent Election Administrator will
oversee and approve the preparation and distribution of a Vote-By-Mail
application which contains spaces for the following information:
i.
The name and residence or business address of the
stakeholder.
ii.
The address to which the ballot is to be mailed, if
different than the residence or business address.
iii.
The stakeholder/voter’s signature.
iv.
The stakeholder status of the voter.
v.
The name and date of the election for which the
application is being submitted (to be pre-printed on the application).
vi.
The date on or before which the application must be
received (to be pre-printed on the application).
vii.
The address where the application is to be mailed or
delivered (to be pre-printed on the application).
(e)
Provide, at a minimum, that the Vote-By-Mail application
must be available not less than 21 days before the election and must be
received from the voter not less than 7 days before the election.
(f)
Provide that voters who miss the 7 day Vote-By-Mail
application deadline may personally come to a designated location up to the day
before the election and obtain and vote a Vote-By-Mail ballot at that location.
(g)
Provide that a stakeholder/voter’s application for a
Vote-By-Mail not submitted on the prepared form will still be processed if it
contains the information in (d) i.-v. above and is received by the application
submission deadline.
(h)
Provide that candidates may distribute Vote-By-Mail
applications but shall not handle the return applications or the Vote-By-Mail
ballots.
(i)
Provide that the Independent Election Administrator, upon
receipt of a completed Vote-By-Mail ballot application on or before the
submission deadline will issue a Vote-By-Mail Ballot Package containing the
following items/information:
i.
The official ballot.
ii.
Voting instructions on how to complete the ballot and
return the voted ballot including the submission deadline and the place(s) to
mail or deliver the completed ballot.
iii.
Instructions relative to any stakeholder/voter
eligibility verification documents that must be completed and submitted with
the Vote-By-Mail ballot. Such instructions will state that the voter may cross
out any information on the documentation they are submitting that is not
required to establish stakeholder status (e.g. on a utility bill the voter
could cross out all information, such as account number and account balance,
except their name and residence address).
iv.
A pre-printed return envelope containing the return
address and an affidavit to be signed by the stakeholder/voter stating “I
hereby declare under penalty of perjury that I am a stakeholder in the [insert
name of Neighborhood Council] and I herein enclose my ballot in compliance with
the Neighborhood Council Election Procedures.”
(j)
Provide that once the ballot is verified for counting,
the Independent Election Administrator shall destroy the stakeholder
verification documentation. However,
the Independent Election Administrator will retain self-affirmation stakeholder
statements if the Independent Election Administrator for the At Polls Voters
retains such statements.
(k)
Provide that the voted ballot must be received by the
close of the poll(s) on election day (either at the designated submission
mailing address or at the polling location(s)).
(l)
Provide that lists of all persons issued a Vote-By-Mail
ballot and all those returning a Vote-By-Mail ballot must be prepared and
provided to the person(s) managing the polling site(s) for use in the voter
sign-in process.
(m) State whether or not
on election day at the polling site, a voter will be allowed to retrieve and
destroy a previously submitted Vote-By-Mail ballot and then be issued and vote
a regular election day ballot.
XI.
Provisional Voting Procedures
The Election Procedures must include a process whereby
voters can cast a Provisional Ballot if the voter’s eligibility to vote in the
election cannot be determined in favor of the voter at the time the voter
attempts to cast his or her ballot.
This process must include the following provisions:
(a) The
only acceptable basis for challenging a voter’s right to vote at the polling
site will be that the person is not a stakeholder as defined by the
Neighborhood Council bylaws or that the person was issued a Vote-By-Mail
ballot, or the person is voting in a district race, but does not
live in that district.
(b) If
a voter is challenged on the basis that they were issued a Vote-By-Mail ballot,
the voter may surrender the un-used Vote-my-mail ballot
at the polling site at which time the voter will be issued a regular ballot.
(c) If
a voter is challenged on the basis that they are not a stakeholder or that
they are not eligible to vote in the district race,
the voter may produce any of the credential listed below at which time the
voter will be issued a regular ballot.:
1) Legal documents such as drivers
license, CA ID card
2) School ID
3) Recent utility bill
4) Property tax bill
5) Presense on LA County Registrar's Voter List with address in GRVNC Bondaries
6) Business license
7) an appointment
card or a note from a social service provider indicating services received in
GRVNC boundaries
The IEA may also seek assistance from the GRVNC boardwalk committee in locating a voter on the boardwalk.
(d) If
a voter cannot produce the required documentation or they cannot surrender the
un-used Vote-By-Mail ballot, then the voter will be offered the opportunity to
vote a Provisional Ballot. The
Provisional Ballot will be the same as regular ballot, except that prior to
placement in the ballot box the Provisional Ballot will be placed inside a
Provisional Envelope. On the outside of
the envelope the voter will provide:
i.
The voter’s name.
ii.
The voter’s address.
iii.
The voter’s stakeholder status.
iv.
The voter’s contact number(s).
(e) When
a voter casts a Provisional Ballot, the voter will be issued instructions that
explain what steps the voter must take to qualify the Provisional Ballot
including documentation required to be submitted, where the documentation is to
be submitted, and a contact number to request assistance or seek additional
information. The deadline for submission of acceptable documentation shall be 3
days after the election.
(f) The
Independent Election Administrator will be responsible for the verification of
the Provisional Ballots.
XII.
Write-in
Voting Procedures
In
addition to voting for candidates whose names appear on the prepared ballot,
the Election Procedures may also allow voters to cast a vote for a certified
write-in candidate by writing in the candidate’s name in the space
provided. A certified write-in
candidate is a candidate who has complied with the Election Procedures process
for becoming a certified write-in candidate.
XIII.
Official Certified Canvass of Votes,
Issuance of Results and Ratification of the Election
The Election Procedures shall specify the process for
verifying and counting all ballots. At a minimum, the Election Procedures must:
1.Require that the Independent Election Administrator
will be responsible for tabulating the ballots. and announcing the
unofficial results on election day.
2.
Require that the Independent Election Administrator verify all Provisional and
Vote-By-Mail ballots for inclusion in the Final Official Certified Canvass of
the votes.
3. Specify that the deadline for completion of the Final
Official Certified Canvass including At- Polls ballots and any Provisional and
Vote-By-Mail ballots shall be 14 days after the election. The
Final Official Certified Canvass of ballots may occur on election day if there
are no outstanding ballots to be counted.
4. Identify the location, date(s), and time that the election
day and Final Official Certified Canvass of
ballots will occur.
5. Require that the election day and Final
Official Certified Canvass activities be open to the public for observation,
provided that the observers must not interfere with or attempt to influence the
vote tabulation in any way.
6. Specify the process for resolving tie-votes. An acceptable option will be the drawing of
straws or equivalent process to determine which candidate will be seated.
7. Require the Independent Election Administrator to
submit the Final Official Certified Canvass to GRVNC board (board@grvnc.org)
and DONE immediately upon completion.
8. Require that
the final election results be announced by the Neighborhood Council and DONE
immediately upon receipt of the final election results from the Independent
Election Administrator.
9. The IEA shall notify the
candidates of the election results in the method specified on the candidate
registration card.
XIV.
Resolution of Election Challenges
The Election Procedures will include a process for handling
election disputes or challenges and must include the following provisions:
1. Recount of
Votes Cast
a) Any candidate may request a recount of the contest in
which they were running within 5 days of the completion of the Final Official
Certified Canvass by the Independent Election Administrator by filing a written
request with DONE.
b) Require that the Independent Election Administrator
conduct the recount within 5 days of receipt from a stakeholder by DONE of the
written request for a Recount.
c) Require that public notice of the location, date and
time of the Recount be posted at the Neighborhood Council’s required notice
sites a minimum of 24 hours before the Recount is to take place and that the
person(s) requesting the Recount be provided individual notice within the same
time frame.
d) Require that the Recount be open to public
observation, provided that observers must not interfere with or in any way
attempt to influence the persons conducting the Recount.
e) Require that the Independent Election Administer
certify the Recount results to the Neighborhood Council and DONE immediately
upon completing the Recount.
f) Require that the certified Recount results be
announced by the Neighborhood Council and DONE immediately upon receipt of the
certified Recount results from the Independent Election Administrator.
2. Election
Challenges
a) Provide that any candidate may challenge the conduct
of the election within 5 days of the completion of the Final Official Certified
Canvass by the Independent Election Administrator by filing a written request
with DONE. The written request must:
i.
Identify the basis for the Challenge to the
Election.
ii.
Identify the candidate issuing the Challenge.
iii.
Provide contact information for the candidate issuing
the Challenge.
b) Provide that DONE will immediately submit the Election
Challenge to a Citywide Election Challenge Arbitration Panel composed of
representatives from the Neighborhood Councils that will act as the Third Party
Arbitrator to conduct the review and issue final findings with respect to an
Election Challenge. It will be the responsibility of each Neighborhood Council
to select one or more of its members to sit on the Citywide Election Challenge
Arbitration Panel. The selected members
do not need to be governing board members of the Neighborhood Council. The
Citywide Election Challenge Arbitration panel will then select a minimum of
three of its members to actually conduct the specific Election Challenge review
and issue final findings. The Third
Party Arbitrator review team members (hereafter Arbitrator) selected cannot
have participated in the conduct of the election in any way or have any vested
interest in the outcome of the Election Challenge.
c) Provide that DONE may, with the concurrence of the
Neighborhood Council, engage the services of another person(s) or organization
to act as the Arbitrator if the Citywide panel of Neighborhood Council
representatives informs DONE that they are unable to conduct the Election
Challenge review. The back-up
Arbitrator selected cannot have participated in the conduct of the election in
any way or have any vested interest in the outcome of the Election Challenge. A
list of the persons or organizations pre-qualified to act as a back-up
Arbitrator will be published by DONE on its web site and/or through other
appropriate methods.
d) Require that to serve as the Third Party Arbitrator,
the person(s) or organization selected must have attended a training program
conducted by DONE. and must have assisted in conducting the review of at
least one Election Challenge.
e) Require that public notice of the receipt of an
Election Challenge be posted at the Neighborhood Council’s required notice
sites at the time the Election Challenge is submitted to the Arbitrator and
that the person(s) submitting the Election Challenge be provided individual
notice within the same time frame.
f) Require that the Arbitrator complete the review and
issue the final findings to DONE within 30 days of receipt of the election
Challenge from DONE. If circumstances
arise such that the review and issuance of findings cannot be completed in 30
days, the Arbitrator may utilize up to a maximum of two
additional 30 day review periods. The Arbitrator will submit a notice to DONE
identifying the reasons for the delay prior to initiating each review period
extension.
g) Require that the findings of the Arbitrator will be
final and binding on the Neighborhood Council.
h) Immediately upon receipt of the findings of the
Arbitrator, DONE will work with the Neighborhood Council to begin implementing
the findings, as necessary, of the Arbitrator.
3. Seating of Elected Board
Members
Provide that newly elected
governing board members will be seated in
accordance with the Neighborhood Council bylaws and Election Procedures pending the final results of a recount or an
Election Challenge.
XV.
Disposition of
Election Records
The Independent
Election Administrator shall retain all election materials including ballots,
voter rosters, candidate filing documents, voter registration forms, etc. until
the period for requesting a recount or filing a challenge has passed, or if a
recount request or an election challenge is filed, until those processes are
concluded.
In the case of
an election challenge, the Independent Administrator shall make the election
materials available to the Third Party Arbitrator upon request.
At the
conclusion of the recount and election challenge resolution period, the
Independent Election Administrator shall turn all election materials over to
the GRVNC. The GRVNC shall then retain
the election materials in accordance with their own procedures for maintaining
records.
If the ballot
design and the voter registration allows for a ballot to be tracked to an
individual voter, then the Independent Election Administrator shall destroy the
actual ballots prior to handing over the balance of the materials to the GRVNC.
XVI.
Election Board
Officer Contact Information
XVII. Instant Runoff
Voting and Counting