Tuesday, November 30, 2010

Why are Petitions Judged on a Higher Standard Than Absentee Ballots? By Geniusofdespair

Harvey Ruvin, The Miami Dade Clerk of Courts is reviewing the Petition signatures for the Mayor's Recall. Ruvin wrote an article in the Miami Herald on how he would be handling the Recall count. He has hired a forensic document examiner to look at the petitions/signatures. Say what?

This is overkill and I don't like it. The bar is set too high for Petitions or too low for Absentee Ballots.

I recently looked at absentee ballot envelopes in 2 small precincts at the Elections Department. I found one with NO SIGNATURE at all that was indeed counted. I saw whited out signature lines, counted. I saw two that were ink traced over pencil...counted. My colleague found one with no signature but it was counted because it was mailed return receipt requested. I saw many ballots where the person did not print their name where it was required - blank. All of these mistakes would be thrown out by Harvey Ruvin but were acceptable at Elections Department. In the last Seijas recall, Ruvin threw out petitions because instead of printing their name - people joined letters where it said "print".

I wanted to compare signatures on the absentee ballot envelopes that I looked at against the elections database. I was told I would need a court order to view the database signatures (even though I did it before a few years ago for Amendment 4 petitions).

I am still trying to determine how elections compares signatures on a deluge of incoming absentee ballots during an election. They said they do it, but how? I asked elections staff but the answer was unclear. A former election staffer said that signatures were verified by a computer program. Then why is Harvey Ruvin not using that program if it is reliable enough for absentee ballots? Why waste our tax dollars to have 20 people at computers comparing signatures to the data base signatures? Something just doesn't add up. What also irks me, if you don't sign your name you can't vote on election day period, but you can vote absentee without a signature. Why are there so many different standards for us to be counted? Is consistency of method so much to ask?

Here is the entire article written by Ruvin:


Miami-Dade recall signatures will be counted carefully and credibly, county clerk pledges

BY HARVEY RUVIN
Nov. 28, 2010

As the greater community begins to anticipate the realities and potential consequences of the recall effort launched by Norman Braman to unseat Miami-Dade County Mayor Carlos Alvarez, the volume of the debate is rising and emotions on both sides are heating up.

In this atmosphere, it is essential that the public have a clear picture of and a high degree of confidence in the fairness and accuracy of the process we will use to canvass and tabulate the approximately 113,000 individual petition forms delivered to my office by truck on Nov. 5. The Elections Department has established that 51,992 valid signatures of voters are needed to force a recall election.

To help you visualize the utter massiveness of this unprecedented submission: picture each petition form laid end to end, spanning 24 miles of paper, enough to cross Biscayne Bay from downtown Miami to South Beach and back again — twice.

Mr. Braman submitted 113 boxes with approximately 113,000 separate legal-size petition forms, each with the signature of only one petitioner, the signature of the circulator and the signature and stamp of the notary. Each box contains about 1,000 forms, 10 batches in a box. Once submitted, all of them became public record!

As such, maximizing security and enabling access and retrievability became job one of the petition-canvassing process. Managing and modernizing court and property records successfully have given the clerk’s office personnel valuable and relevant experience. It’s a part of our DNA as an organization.

Our first challenge was to log in the total submission, reverifying the batching and number of the boxes. We then stored them in a fully secured area, laid out and maintained in consecutive order so as to constitute a “library” of the actual paper petition forms.

We then systematically scanned each and every petition form with high resolution, high-speed electronic scanners, all the while maintaining the “library” placement of the 113 boxes for easy access to any individual form if needed for any reason.

The scanned images will be viewed alongside the signatures appearing in the voter registration rolls on some 20-plus dual-screen computer workstations, thereby facilitating the step-by-step comparative judgment process without having to expose the original forms to loss or damage.

We will also check each form’s full compliance with the requirements of County Ordinance 12-23, the County Attorney’s Office having already passed on the constitutionality and legal sufficiency of the ordinance.

The next challenge was to select the individuals to be utilized at these workstations where, among other tasks, the difficult comparisons must be made between a recent signature on a petition form and a signature on a voter-registration card that might be much older.

Though tempting, I rejected deputizing Elections Department part-timers who were already trained in similar processes involving verifying absentee ballots, in order to avoid even the appearance of bias or conflict of interest.

I will likewise seek to screen out anyone from the process who has taken a public position on either side or for any reason feels unable to be fair and impartial.

My decision is to deploy approximately 40-plus highly capable and impartial personnel from the Clerk’s Office operations who are already versed in technological innovation and the responsibilities inherent in having custody of the public record.

In addition, we have secured the services of one of South Florida’s most outstanding forensic document examiners (handwriting experts), Dianne Flores, to provide the training and screening of our team. She will also be available to offer assistance in the most-difficult-to-determine instances, which will be batched for her review.

Having served on several canvassing boards over the years, I can appreciate the intricacies and sometimes-tedious nature of the signature-comparison process. I know that it requires total focus and concentration.

I have, therefore, resolved to allow observers, but to keep them at a prescribed distance from the workstations where this demanding work is to be done. I will not allow anyone to distract, intimidate, influence or in any way disrupt the environment needed to do this work.

Detailed records will be kept so that every single decision to accept or reject can be easily reviewed, and any individual paper petition form can be easily accessed and examined. This assures all sides that there will be ample opportunities to review any decision once we have finished our job and are in a position to certify the results of our canvass.

We are determined to provide the professional, methodical, neutral, secure and transparent process that the people of Miami-Dade County demand and have a right to expect.

21 comments:

Steve said...

Good question- how do they compare tens of thousands of absentee ballot signatures? I was mad that they moved the signature line over so I wasn't signing over the flap joint anymore.

CATO said...

Miami Dade Government is like a Black Flag Roach Motel; "Roaches Check in but they don't check out"

While were at it there should be a Recall of Pepe Diaz planned to start August 25th 2011 (one year and one day after his election)

Absentee Ballots should require a notary.

Geniusofdespair said...

A notary would be too cumbersome... How about restoring the witness requirement? That would suit me.

Anonymous said...

Isn't the purpose of notarizing the signatures on the petition to ensure the identity of the person whose signature appears on the document? Seems to me that barring a defective notarization (expired stamp, unregistered notary, etc.) the only question should be whether the signer is a registered voter.

Geniusofdespair said...

It would be placing an unfair burden on the voter. They would have an added expense, and they would have to go out and find a notary -- it would be making the absentee ballot unworkable.

Michael Calderin said...

When I saw the title of this post, I was initially surprised and agreed with the premise. But then I got to thinking there's actually some sense to requiring a higher standard for petitions.

A ballot, once it's submitted, is finished. A voter who submits an absentee ballot doesn't have many options if that ballot isn't counted (none if they don't know).

But a petition isn't the same thing as a ballot. Sure, it signals a voter's intent, just as a ballot does, but there are at least two key differences:

1) A voter can submit multiple petitions (knowingly, if they made a mistake, or unknowingly and accidentally). Only one properly completed petition will be counted. That's an easy remedy for a voter.

2) A petition begins a process. A ballot ends the process. Once the votes are counted, a decision is made and we're generally stuck with it for a few years. But with petitions, groups collecting them can continue to turn them in (usually until a certain deadline). A petition being discarded for incomplete information doesn't necessarily change the outcome of the petition effort; it merely prolongs the process until enough valid petitions are counted.

Let's not also forget that petitions can be completed by anyone, including non-voters or voters who write invalid information. Absentee ballots are only mailed to registered voters with certain needed information already on file. That creates an implicit level of trust for ballots.

So although I think there are good reasons for differences in the way petitions and ballots are handled, I do believe we need more transparency in both processes, especially when it comes to the rules by which they'll be judged.

Have to agree with genius that notarizing ballots would be an unfair burden. A registered voter as a witness would be a better idea, but my inner logician wonders why, if signature validity is the problem, we'd add another signature.

So far as I know, all petition signatures are reviewed by hand. I've sat down with election officials and watched the process. If they have a reasonable belief that the voter named on the petition really did sign it, they generally count it. I imagine the same is true for ballots (that matches what I've heard), but lack first-hand experience.

Anonymous said...

A related story. Last week, I received a letter from the elections department stating that my absentee ballot wasn't counted. It claimed that my signature did not match the one that was on file. They also asked for a signature update form. When I visited the elections department on 87th Ave last Wednesday, they were able to produce a copy of my signature on the ballot, but no file signature. I suspect that they had lost it, though no one there would admit it.

I also asked if someone could tell me how many ballots were not counted for this reason, but was stonewalled. They said that I had to put in a public records request. Something stinks at the elections department. I am not sure if I should waste any more time pursuing this matter. Perhaps GOD or Gim might have more luck.

DW

Geniusofdespair said...

DW you MUST PURSUE THIS. Send us an email at geniusofdespair@yahoo.com
and include a phone number if you can...put ELECTIONS in subject line.

Paul said...

Michael said:

1) A voter can submit multiple petitions (knowingly, if they made a mistake, or unknowingly and accidentally). Only one properly completed petition will be counted. That's an easy remedy for a voter.
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A person getting an absentee ballot can also request more (with the excuse - I made a mistake) and then submit both. Either way petition or ballot, only one is counted of each...you would hope.

Geniusofdespair said...

Michael you bring up good points. Ruvin threw out petitions that were signed correctly but if there was a problem with the signature of the witnessing petition gatherer or with the notary they were thrown out so there are three layers of scrutiny to three different people. And, as I said they threw out petition gatherer signatures because they printed their names with a few letters joined. Only when we produced numerous public records that Ruvin had approved with the same sort of "printed name" did judge Trawick throw out Seijas/Ruvin/county assertions that because it wasn't block printing - those petitions didn't count.
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A witness is a good idea, because then you can go back to TWO people in an investigation. It gives you more to go on.

Geniusofdespair said...

There is extra checking involved with petitions, to see if they are a voter. But they should not have to meet a higher standard of validity on all fronts.

Anonymous said...

There should be one standard for verifying signatures, regarless of the purpose. Someone signing a voter registration application is acknowledging that they will accept the responsibilities and comply with all laws. The state of Oregon only uses vote by mail, so how do they verify ballots in a short period of time?

CATO said...

"A notary would be too cumbersome"
G.O.D.

Then get off your duff and vote early or on election day I'm sure there aren't 120,000 invalids (morons maybe)or people traveling on election day in Miami Dade
If you look at results at polls as opposed to election day in Miami Dade they do not reflect each other AT ALL, not even close.

Notary or TWO witnesses no less and no one can "witness" more than 4 Ballots. (thats how it uised to be).

CATO said...

I Meant Absentee Results versus Poll results

Anonymous said...

Don't forget, Harvey Ruvin used to be one of them.

Anonymous said...

Is Ruvin on the ultimate power trip or what showing up another department head?
Maybe he should have Lester Sola's job.
Thousands of falsely registered voter cards were reported in 2008 and 2009 in Miami Dade County. ACORN admitted to it and helped with the investigation. Please note Sola did not catch it. Good for Harvey, reform comes in various shapes and sizes. Ruvin is doing what should be done, that's more than can be said for Sola.

Anonymous said...

Harvey has double standards within his own department. Look up a few public records. You will find mortages, deeds and other important legal documents with "linked letters" where it says to "Print" a name. As said above, Harvey is one of them. Also ballots usually favor the incumbents so lax checking favors incumbents. On the other hand, recall petitions do not favor incumbents so he makes it tougher. Our whole system is set up to favor sitting politicians.
BTW, the notary on a petition only notarizes the collectors signature. The collector is swearing that they saw the person sign the petition, not that the person is a registered voter. A petition collector has no way to determine if the signer is legit; that's the job of Ruvin's office and the people doing the petitions pay per signature to have them varified. Absentee ballots are a hotbed of fraud and should be witnessed with no person witnessing more than 2.
The problems of signature verification are the same for ballots and petitions. As long as the likes of Sola, Ruvin and Fernendez-Rundle call the shots, the process will always protect the powerful.

Anonymous said...

a neighbor had put her mother in a home and continued to have her registered to receive the absentee ballot at the house. The records showed that the ballot was mailed to her house and the mother voted. The interesting part is that the ballot was never received yet the mother voted. Our system, run by professional ballot chaser is equivalent to a 3rd World Country voting system - a lot of room for fraud.

Geniusofdespair said...

I need names email them...

Lady Luck said...

1. How much elections experience did Lester Sola have before he was appointed to head the Elections Department?

2. How many people did he have to compete against for his $200,000 per year job?

If you answered zero and zero, you would be correct. Just like the rest of the George Burgess cronies who make up his executive staff.

Anonymous said...

Ruvin's letter doesn't address the topic of too many petitions coming from one commission district. As per his inquiry to the County Attorney, no more than 25% of recall petitions can come from any one district (to show more broadbased support). All recall petitions over that limit (12,998)cannot be counted towards the necessary number (52,992)!