Observing the 2024 Primary Election
Citizens have a right to observe elections, including ballot counting. In years past, observers’ experiences in Nevada County weren’t always positive. This year, observers report improvements, but some questions remain.
“Observing” an election means exercising one’s right to watch every step of an election, from the setup of the computerized voting system, how poll centers are run, and how ballots are counted.
I have been observing elections in Nevada County for a few years. The Elections Office in Nevada County allows observers (in accordance with California law), and they have assisted me in my own observing. I help other citizens who are interested in observing by giving them tips on how our local elections are run, and what to expect when they go to a location to observe a part of the election process.
Observers in Nevada County continue a longstanding record of peaceful conduct
No observers reported any issues or incidents of concern. They did not harass or argue with any election workers, and conversely, were also treated courteously and professionally by elections staff. Moreover, in the Certification Documents for the March 5th election, the Elections Office reported no issues with observers.
Public records requests for records dating back to 2017 produce no records of incidents where election observers threatened or harassed election workers or voters.
Helpful Elections Office staff
Elections Office staff were communicative and patient in emails with numerous questions ranging from how the new mail sorting machine operates to where observers would be positioned in the Elections Office.
I received feedback from an observer who stated he was positioned about 25 feet away from where the ballots were being extracted from the envelopes. He was concerned that this distance made it impossible to view details such as the date and postmark on each ballot, as detailed in state regulations governing election observers’ rights.
Elections Office staff was easy to work with in addressing this observer’s concern and the next day provided two locations for observers to stand where they could have “sufficiently close access” to view the ballot envelopes, as prescribed by the regulations.
Three observers who went into the Elections Office to observe during times when ballots were not being processed were offered a tour of the office and the voting system equipment.
Positive Feedback from Observers
Observers reported that the Elections Office staff was friendly and forthcoming. Judy Ballentine, a long-time community member who has observed many elections and worked at precinct vote centers in years past, shared her positive experience: “After observing Nevada County elections over the years I was pleasantly surprised this past election when I felt welcome, I was able to ask questions more often and the questions were answered. I look forward to observing more in our elections.”
Observing the processing and adjudication of the ballots in the Elections Office, one observer noted that staff took time to offer insight into the process. (Adjudication is the process where an election worker reviews ballot images and resolves issues such as undervotes, overvotes, and write-ins.) They also offered to allow observers to stand in a different spot to get a better view of the computer screens that show their work.
While observing on election day in the Providence Mine Room at the Rood Center, I had a question about whether the ballot scanner was properly processing ballots with overvotes. An election worker willingly answered my question. The next time the issue arose, she made it a point to get my attention and show me exactly what was happening as the overvoted ballot was processed by the scanner. (When a voter feeds their ballot into the vote center scanner, if the ballot has an overvote or an undervote, the scanner should prompt the voter to confirm if they want to cast the ballot as-is.)
Observing elections in the past wasn’t always positive
Shari Homan remembers feeling uncomfortable while observing the processing of vote by mail ballots in the Elections Office during the 2021 recall election. “They were very strict. It wasn’t like you felt that I had the freedom to ask questions about what I was observing at the time. I was told to stand on the “X” on the floor, not to ask any questions, and if I had questions, save them for later when I was leaving.” (As an observer, keep in mind that it is your right to ask questions, “so long as you are not interfering with conduct of any part of the voting process” according to state regulations.)
“I was told that if I needed to use the restroom, I could get someone’s attention and they could escort me to the bathroom. I was confused about how I was supposed to know how to let them know that I wanted to leave, as I didn’t want to interrupt their conversation while they were sorting ballots. After about an hour, finally someone else walked in and I was able to wave my hand to that person to tell them that I wanted to leave.”
Regarding access, Homan also recounted: “I also went to observe at around 3 p.m. one afternoon and found that the Elections Office door was locked but was able to see on the closed-circuit TV screen that there were people working inside. I knocked but nobody even reacted like they heard me.”
In contrast, while observing during the March 5th Primary, it was common for an election worker who was walking by to take a moment to ask if there were any questions. It was easy for observers to ask to be moved to another location within the Elections Office to view another aspect of the ballot processing. I’m not aware of observers reporting any issues regarding access to the Elections Office during this election.
Observers in vote centers were also provided chairs in this recent Primary Election. In past elections, standing room only was offered in the Providence Mine Room vote center. Since it is common to observe for an hour or more, standing can be difficult or impossible for people with disabilities or physical limitations. Inside the Elections Office specifically, the option to sit while observing is still difficult due to limited space. Seating is not provided; observers have been allowed to carry with them their own collapsible stool, meaning to observe one must be either strong enough to stand still for a long period of time or be strong enough to carry their own stool with them.
Questions on Process Still Remain
The 1% Manual Tally is a process used to check the accuracy of the computerized voting system where 1% of the ballots cast are pulled from the total and subjected to a manual tally (hand count) as prescribed in the California Elections Code to make sure that the votes on the paper ballots match the votes of the computerized voting system. Local resident Stephanie Leishman said of her experience,
“On March 18, 2024, I arrived at the Nevada County Elections Office to observe the 1% Manual Tally of the Primary Election. Before auditing ballots, each one of the 79 CPs [consolidated precincts] was written on a separate piece of paper and placed in a glass bowl, which was held by the Assistant Clerk-Recorder/Registrar of Voters Corey O’Hayre. The staff pulled one paper at a time from the bowl to determine which CPs would be used for the audit.
“At one point during the drawing, the paper for CP 68 was drawn. The staff announced that in CP 68 only one ballot was cast. The Elections Office staff decided not to include it in the manual tally because it had only one ballot. Observers are allowed to ask clarifying questions whenever an action isn't clear, so I asked, "Can you throw out a precinct that you have drawn?" They didn't seem sure, and they put CP 68 back into the list of precincts to be audited. Later on, some Elections Office staff members conferred in the hallway and came back to me to explain that they were going to exclude the CP with one ballot from the 1% Manual Tally after all. The reason they gave to me was that ‘you can’t audit 1% of one ballot’.
“Reflecting on that afterward, I have thought that if they apply that reasoning to all CPs, then the Registrar of Voters would never audit any CP that has fewer than 100 ballots cast. By that same reasoning, there are areas of Nevada County that would never be audited.”
How do I become an election observer?
All people can observe elections. No special training or certification is required. A training offered by local organizations such as political parties can be helpful to familiarize you with the overall process and details specific to your county’s Elections Office. The Nevada County Elections Office also has helpful information on their website. Keep in mind, you will need to sign in as an observer, wear a badge or lanyard that designates you as an observer, and respect the laws and regulations governing election observation.