Committee Of The Whole September 8 2011 Final Version

Election 2012
Administrative Overview for BOCC
Committee of the Whole

Brian D. Newby
Election Commissioner
Johnson County, Kansas
www.jocoelection.org
http://my.jocopolo.com
September 8, 2011

Session Objectives
Today’s meeting is intended to:
• Provide a general update to issues impacting Johnson County
elections.
• Highlight specific administrative areas of note for 2012.
• Assess readiness.
• Be interactive and strategic—if we have great discussion but
don’t get past this slide, the meeting likely would be more
successful than if we complete the deck but don’t have that
engagement.

Brian D. Newby, September 8, 2011 2

Johnson County Election Office By The Numbers

Staff Members: Voters:
16 Full‐time 358,000 +
Employees, up to
250 part‐time

Voting
Precincts: 447
Locations: varies
150 Spring ‐
Voting 285 Presidential
Machines:
2,407
Ballot
Advance Voting
Styles:
Locations: 4
Up to
1,461


Johnson County

Potential
800,000 Benefits Potential Drawbacks
744,059
700,000 644,559
600,000 550,904

500,000 451,086

400,000 355,054 463,333
411,191
270,269
300,000 360,000
312,788
200,000
100,000 155,769 173,570

0
1980 1990 2000 2010 2020 2030

Population Active Voter Registration

Sources: U.S. Census Bureau, Johnson County Election Office, Mid-America Regional Council


Johnson County Elections, 2009

JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC

25 Spring Primary

26 Spring General

27 Roeland Pk Ward 4

28 Fairway

29 Merriam

30 2010 Spring Primary

31 2010 Spring General

Regularly Scheduled Elections Special Elections

Primary General Mail Ballot Polls Recall




29 Merriam

30 Spring Primary

31 Gardner Recall I

32 Gardner Recall II

33 Spring General

34 Primary Partisan

35 2010 General

36 City of De Soto








36 City of De Soto



39 Spring Hill School District

40 City of Mission

41 Blue Valley School District

42 Gardner School District

43 Roeland Park?






41 BV Schools

42 Gardner Sch

43 Roeland Park?

44 Spring Primary

45 Spring General

46 Primary Partisan

47 2012 Presidential

48
Spring General




Johnson County, Kansas
Est. Population 550,000 Registered Voters 358,592
Registered Voters 350,000

New Internet Party “Americans Elect” = 0


Johnson County Voting Statistics
Registered Voters Total Voted Turnout %

Year JoCoPop Growth% November Growth% November Growth% November Trend
1960 143,792 77,420 65,033 84%

1964 177,137 23% 84,059 9% 72,483 11% 86% 2%

1968 212,245 20% 100,610 20% 88,314 22% 88% 2%

1972 231,933 9% 120,407 20% 104,136 18% 86% -1%

1976 243,953 5% 140,956 17% 117,040 12% 83% -3%

1980 266,489 9% 155,769 11% 125,637 7% 81% -2%

1984 283,666 6% 169,773 9% 141,715 13% 83% 3%

1988 328,537 16% 185,727 9% 155,267 10% 84% 1%

1992 374,801 14% 222,815 20% 197,265 27% 89% 5%

1996 411,635 10% 246,497 11% 192,202 -3% 78.0% -11%

2000 451,086 10% 312,788 27% 218,486 14% 70% -8%

2004 496,691 10% 348,552 11% 259,599 19% 75% 5%

2008 532,215 7% 364,441 5% 285,001 10% 78.2% 3%

2012 e 551,529 4% 390,000 7% 292,500 3% 75% -3%


Voting is Local


Legislative Changes Since 2008
• Secure And Fair Elections (SAFE) Act
• Military and Overseas Voter Empowerment (MOVE) Act
• Full ballot for overseas voters
• Changes in Canvass dates


Key Legislative Outcomes:
1. There will be no presidential preference primary in 2012. Parties will conduct
caucuses.
2. Beginning in 2012, every voter must show photo identification each time they vote.
3. By-mail advance voters who ask other people to mail or deliver their ballots must
designate the delivery persons in writing.
4. Beginning in 2013, individuals must provide proof of U.S. citizenship when they
register to vote for the first time in Kansas.
5. The candidate filing deadline in even-year elections is moved from noon on June
10 to noon on June 1.
6. In the redistricting year of 2012, the candidate filing deadline may be June 1, June
10 or, if there is litigation, a date set by a court.
7. The voter registration deadline for all elections is moved from the 15th day to the
21st day before the election.
8. The county canvass is held either on Monday or the second Thursday following the
election, rather than Friday or Monday.
9. The deadline to request a single-district recount in a specific county is 5:00 pm the
day following the county canvass. Once requested, recounts must be completed in
5 calendar days.

Even More Legislative Outcomes:
1. Uniformed and Overseas Citizen Access Voting Abroad
(UOCAVA) voters now vote a complete ballot, with all the races
and issues that regular ballots contain.
2. UOCAVA voters must submit ballot applications annually instead
of once every two years.
3. In local elections held in the spring of odd-numbered years, a
primary is held if more than 3 candidates file for an office, and the
two candidates receiving the most votes in the primary move on to
the general election.
4. Candidates for state offices file their campaign finance reports only
with the Secretary of State, not with the county election officer.
5. Candidates may not appear in advertisements or public service
announcements within 60 days of a primary election, extending
until the general election is over.


Federal Service Voters
Growth in Federal Service Ballots
2000
Ballots Issued

1500 1515
1165
1000
530
500
0
2000
2004
2008
Presidential Elections

Literally, each of these voters (who vote using procedures from the Uniformed and
Overseas Citizens Absentee Voting Act—UOCAVA) requires the involvement of a staff
member to ensure ballots are received and returned. It would be the equivalent of one
sales person managing the Fortune 1500 companies.

Census Impacts
The Chief Election Officer is each county’s point person for the
census:
• Redistricting will move voters from different congressional,
senate, and state legislative districts.
• This redistricting may not be completed until late spring,
leaving a crunch mode to move voters, create new maps, and
process candidate filings in early June.
• Potential for Spanish ballots comes from the census and we
should know the outcome of that within a month:
Section 203 of the Voting Rights Act of 1965 mandates that a state or
political subdivision must provide language assistance to voters if more
than 5 percent of the voting age citizens are members of a single-
language minority group or if more than 10,000 of the voting age
citizens are members of a single-language minority group.


Area Closings Will Impact 2012
More than 50,000 voters cast ballots by mail in 2008. 40,000
ballots were mailed out 20 days before election day, the first
day they could be mailed by law.
• In 2012, the downtown Olathe Post Office will be closed,
adding more complexity to our mail processing.
• Further, the U.S. Postal Service is nearing default on its
financial obligations, which will trigger Congressional
action. It’s possible service on one or more days will
eventually end, making voting by mail, potentially,
unviable in the long-term.
• Similarly, the election office now has only one newspaper
for the many statutorily required publications following
the closing of the Johnson County Sun.


Other Uncertainties
The Election Office is required to serve as an advance voting
location.
• Others used in 2008 may not be available (Metcalf South or Shawnee) or
viable (Northeast Offices) in 2012.
• It’s too early to negotiate with landlords for alternate sites because there is
optimism on their part that space will be filled. Negotiations are resource-
intensive.
• We’ve had a civic-minded lease with Metcalf South but other locations cost
$5,000 per month or more. Leases are for 5 months.
• Similarly, polling places must be assigned this fall and polling places are
difficult to obtain, making advance voting vital. Without advance voting, we
would need 450 polling locations and at least 800 more voting machines.
• Like all Johnson County employees, election workers have felt the economy’s
impacts. They have not had an increase since 2006, although they will work a
15-hour day in November 2012. (Polls are open an hour longer in presidential
elections). By law, election worker pay is set by the BOCC.

Advance Voting—2008 Presidential
50 percent of voters voted in advance. The distribution results in
three distinct elections—in person advance, advance by mail,
and in-person at the polls. In-Person Advance 86,020
By-Mail Advance 55,585
In-Person Election Day 143,396
Total 285,001*

*--provisional votes distributed proportionately
to election night totals

(In-Person Election Day)
(In-Person Advance)
(By-Mail Advance)


Advance Voting
Almost half of Johnson County’s in-person advance totals were
from non-county owned locations.

In-Person Johnson County Election Office 29,695
In-Person Metcalf South 22,883
In-Person Shawnee 18,025
In-Person Johnson County Northeast Office 15,417
Total 86,020


Polling Place Layout and Flow
Perfect Voter
votes and exits
machine Voting
Provisional machine
booth

Voting
machine
Perfect Voter returns deactivated
Voter Card to container and receives Election worker
EW admits Perfect
“I Voted” sticker
Voter to voting
EW machine and
Perfect Voter receives confirms precinct
Voter plastic Voter Card split & party
Perfect Voter affiliation (in
enters here encoded according to Voting
receives Voter partisan election)
Receipt receipt
machine
Voter checks in

Encoder
machine

Voting
machine
Advance voting is similar, except that computers are connected to the statewide voter registration system.

Citizen Satisfaction
Even with the same number of full-time staff as in 1996, Elections
ranks well in the county’s citizen survey.

Satisfaction
levels have
been similar in
the 2005,
2007, and 2009
surveys.


Human Capital Issues
Johnson-Wyandotte Election Office Comparison
Registered Voters 2011 Voters served per staff Average Salary (2008)

National average of voters
served per full-time employee
is 6,000, according to the
National Association of
Election Officials Wyandotte
County
Johnson County 22,412 $53,824
Johnson
Johnson County County
358k $47,063

Wyandotte County 11,497

Wyandotte County
80k


Election Workers
Johnson County Election Workers
• Minimum of 3 per polling location by law.
• Average of 6 per polling place in 2012.
• Must, if possible, have one representative from each party.
• Must be a registered voter in the county and, if possible, live in the precinct.
• Requests are made to each party for workers.
• Students (less than 18 but 16 or older) can work as election workers, one per polling location.
• 10 percent of our workers are high-school students.
• Average age of election workers is 68.
• Average tenure of election workers in the 2012 election will be six years.
• Workers are generally needed in the outlying areas—Gardner, Edgerton, De Soto, Spring Hill,
and Stilwell.
• County employees from 19 departments have served as election workers.
• Workers train for 3 hours before each election; supervising judges receive a second training just
for that function.
• Workers provide their own transportation and meals.

Freedom Isn’t Free…
…But In Johnson County, It Almost Is
Of the 284 polling places Johnson County utilized in 2008:
Total polling place rent, Aug. and Nov.
50 Paid 2008, estimated: $5,000

234 Free

• Johnson County’s Election Office was able to negotiate $2,000
in total rent at Metcalf South for advance voting in August
and November 2006.
• 2008 rent for two sites was $30,000.

Polling Places by the Numbers
Johnson County Polling Places and Registered Voters
Presidential Elections 1996 - 2008

350 400,000
360,000
348,552
300 350,000
312,788

300,000
250
246,497 1,267

Registered Voters
1,219 Voters per 250,000
Polling Places

1,208 Voters per Polling Place
200
1,086 Voters per Polling Place
Voters per Polling Place 200,000
Polling Place
150
150,000

100
100,000

50 50,000

227 259 286 284
0 0
1996 2000 2004 2008
Brian D. Newby, November 29, 2007 27

Voting Technology
Johnson County has used voting machines for
more than 40 years, since 1966.
• Voters authorized the county to purchase voting
machines.
• For most under the age of 65, voting on machine,
rather than paper, has been the method of voting the
entire time they have voted in Johnson County.
2001
• Johnson County moved to touch-screen voting First
Version,
generation
machines in 2001 and implemented them in 2002. machine Diebold TS

• These machines were bought from Global Election Systems, a company
acquired by Diebold shortly after Johnson County’s 2001 equipment
purchase.
• Essentially, these machines are using 1990s touch-screen technology (four-
wire resistive): Smartphones and tablet computers like iPhones and iPads
weren’t invented yet when these machines were designed. These new
devices use much more advanced touch-screen technology.

History of Voting Technology
Johnson County is utilizing its second generation of DRE
Touch-Screen Machines.
• Older TS machines were replaced by TSX machines.
• 300 TS machines were retained as encoders (one per polling
place, prepares ballot on voter card) until 2008.
• TSx machines utilized as encoders beginning in 2008.
• Diebold renamed election division “Premier” in 2007 and sold
Premier to Election Systems and Software (ES&S) in 2009.
• Department of Justice sued Election Systems and Software in
2010, resulting in divestiture of intellectual property of
Premier’s recently certified software to Dominion Voting
Systems.


What this means to Johnson County:
• TSx machines are no longer being manufactured.
• Johnson County does not pay the $100,000 annual
maintenance contract on the TSx machines.
• Johnson County is in a unique position where it could be
supported by ES&S or Dominion. However, because much of
what we do is autonomous, without vendor involvement, this
position is less impactful than it could be. If we move to the
new certified software on these machines, however, we must
do that with Dominion.
• In 2012, machines will be 9 years old, with estimated life of 7
to 10 years. (TS machine parts began failing within 5 years).


Touch-Screen Voting Timeline

2001 • TS Units put into
service
• Express Polls
•Johnson County delivered, but not yet
Purchases 860 TS Units certified for use
and 300 Express Polls
(electronic poll
books/encoders) 2002 TS Unit

2004
•California Decertifies voting machines without Voter
Verifiable Paper Audit Trail

•Johnson County trades up, replacing its 860 machines
for new and used TSX machines (from California),
bringing the fleet to 1,305
Express Poll



2005 • Johnson County
orders 576 additional
TSx machines with
•Express Polls certified dollars from the Help
•Boxes opened; order not America Vote Act.
complete
•Statewide voter
registration/election
management system is
2006 TSx Unit

successfully implemented

2007
•Express Polls not accepted because the technology is outdated.
•300 TS machines returned to Diebold
•576 TSx machines ordered in 2006 delivered and accepted (there was no
warehouse space for the new machines until the TS machines were sent back)



2008
•125 machines are purchased from Diebold/Premier. TSx machines used as encoders.

2011
•400 purchased from ES&S, putting fleet at 2406.
•Election office does not have the capability to store or power additional machines.
•Table retrofit is underway to allow space for these new units in our warehouse

2017
•Spring election would be the absolute drop‐dead date for the lifespan of this system to
be exhausted.


Voting Technology
During the next election cycle, the Election Office will post
videos on YouTube to demonstrate the method of calibrating
and testing voting machines. This sign also appears at our
polling locations.

Please Note
 Touch screens on voting machines are
sensitive.

 You must retouch a wrong selection to
cancel it before making another
selection.

 Carefully review your choices on the
summary page prior to casting your
ballot.


Audit Trail
Johnson County’s voting machines have an audit trail consistent with the
Help America Vote Act, as well as Kansas Secretary of State and voluntary
voting guidelines.

• Do they have a paper trail?
Yes. Ballots cast can be and have been printed for recounts. Ballots are stored,
with voter privacy, on the machine’s hard drive and on a removable drive.

• Do they have a paper trail with a printer on the side?
No. This is often referred to as a Voter Verifiable Paper Audit
Trail (VVPAT). This capability was invented after Johnson
County’s machines were built. The lack of VVPAT was why the
machines were de-certified in California. Kansas Secretary of
State Kris Kobach would prefer all systems have a formal paper
trail (VVPAT or paper ballots). Upgrading to VVPAT capability
with Johnson County’s current system is not an option. The
machines could be upgraded with new software, from Dominion,
at a cost estimate of approximately $1.8 million.

Machine Security
The Johnson County Election Office is staffed by 16 sworn election
professionals who adhere to The Election Center’s Code of Ethics,
which was adopted by our office in 1997.
• The Election Office full-time staff manages all aspects of elections for residents of Johnson County.
• The staff is responsible for programming, verifying, tabulating, and controlling every election.
• We utilize seasoned election workers to conduct all of our pre-election testing.
• The vendor has never programmed our elections and does not have remote access to our
election software.
• We control our own elections—no outside entity is involved in programming or election-day support.

Our office building, located at 2101 E. Kansas City Road in Olathe, has
controlled access and is secured through an alarm system with a numbered
lock and password-protected entrance keypad.
• Within the building there are numerous rooms with different levels of controlled access.
• The election computer room and the ballot storage vault are monitored by security cameras 24 hours a
day, 7 days a week.
• Combination lock passwords are changed after each election cycle.


Machine Security (cont.)
The election software computer is freestanding. It is not networked within
the office or connected to the Internet.
1. Physically, the vendor’s election software and each individual election database are
secured on a computer that is accessible by few members of our office staff only.
2. This computer is installed in a secure room with controlled access. One staff member
has a key to enter the room, but the room requires a code as well from another staff
member. Thus, 2 persons are in the room, at a minimum, at any time.
3. A video camera also records all activity in this room.
4. The computer requires a password, which only one employee knows. The specific
election requires a different password, again known by only one employee.
5. Individual election database files are backed up at designated milestones and secured in
the tabulation room and in off-site storage.
6. All voting machine keys, voter cards, and storage media are secured in a controlled
access room. Staff maintains a detailed inventory control of these supplies.
7. Keys and combinations are assigned so that any election-centric procedure requires at
least two persons.
8. On Election Night, our election results are hand-carried by election judges to election
headquarters.
9. We do not use modems to transmit results.


7:30
11:30
Polling Place
(285)
Results 11:00

PC Card Server

Results
8:00
Drop-
Off Site
(20) Upload
PC Card PC Card
PC Card
(2,200)
8:40

Election Office
PC CardPC Card
PC Card


Election Setup
The Johnson County Election Office may use only voting systems, equipment and
software certified through the Kansas Secretary of State’s Office.

A voting system must pass three levels of tests before it can be used in Kansas - Federal
Qualification Tests, State Certification Tests, and local Acceptance Tests. Our policy has
been to receive software updates directly from the Independent Testing Authority that
certified the software.
1. Before each election our office conducts a Systems Diagnostic Test on each voting machine to ensure that it is
operating properly.
2. Logic and Accuracy (L&A) Tests are performed on each election data card. In addition, an L&A is done to
test the integration of the voting machine data cards with the paper ballot system.
3. This L&A assures the accuracy of the entire process for every election – merging of paper ballot and machine
votes to expected hand-calculated outcomes, including a review of all reports.
4. Throughout the entire testing process there is an internal separation of duties and dual sign-off accountability
on all processes—maintaining an extensive audit trail, including all proofing documentation.
5. Tabulation effectiveness is demonstrated through a public test, with notice published by law and verified
again post-election.
6. Each voting machine is secured with a unique padlock and key combination.
7. Data cards for the voting machines are secured at the Election Office until the afternoon before the election,
when they are picked up in a numbered, sealed pouch by the Supervising Judge of each polling place.
8. On Election Day, poll workers confirm the seal numbers on PC card pouches and voting machines, then
verify protective counters before inserting PC cards into voting machines to activate the election. This
validation is signed by all sworn election workers.


Election Day
Each polling place in our county is staffed by sworn election
workers, who have attended a mandatory training session during
each election cycle.
1. The Supervising Judge is responsible for balancing the number of voters processed to votes collected
periodically throughout the day. On election day, the Supervising Judge maintains control of all machine
keys.
2. There are numerous checks and balances in place, including separation of duties as each voter moves
through the polling place.
3. A beginning “zero proof” printout from each voting machine validates that there are no votes stored on the
results cartridges. This printout is signed by all sworn election workers.
4. An individual voter receipt is issued to each voter at check-in. A voter must present a voter receipt in order
to be issued a voting machine activation card.
5. An activation card is not issued until a voting machine is available for use.
6. Each voter is escorted to a voting machine by a Machine Attendant. The Machine Attendant used the voter
receipt to validate that the correct ballot is displayed for the voter.
7. The voter receipt is deposited in an envelope at the voting machine, providing a paper audit trail for the
number of votes collected in each voting machine. The voter receipt is comparable to a paper ballot stub.
8. The voter cards are collected at the exit door by an election worker.
9. An end-of-day tally includes balancing voters processed to votes collected, and validating that the numbers
of voter cards issued to the polling place are being returned to the Election Office.
10. A closing printout from each voting machine confirms the total number of votes collected in each machine.
This printout is again signed by all sworn election workers.
11. The election results data cards, again secured in a numbered, sealed pouch, are hand-carried by election
judges to the Election Office, where the votes are tabulated.


Further Security Concerns
Despite the focus on security, more investment could be made:
1. We have outsourced a security audit and received a proposal that we are reviewing
internally and with facilities, which has, itself, conducted a security audit.
2. Likely, proposals will be brought to the BOCC for additional spending on cameras
and fencing.
3. Aside from election security, a risk exists from the hacking industry—not of
voting machines but of other county systems that could impact voter confidence:
1. For instance, a hacker who could reach the elections website—stored at the
county—could cause voters to wonder if others systems were impacted.
2. Four election office websites have been hacked since July 2011.
3. Election and website systems are unrelated and unassociated, and the ITS group
understands the concern, but this is a security issue outside of the control of the
Election Office.
4. Any issue “outside of the control of the Election Office,” could still cause
voters to wonder how much control our office actually has over voting security.
5. While we have great control over election security, mitigating effects of any
unrelated outside force is something of which we are continually mindful.


These individuals have become celebrated election hactivists,
having hacked a District of Columbia Internet election trial
(by invitation). They have obtained a TSx machine and
sponsored a hacking election on the machine at a national
conference.

Example of a high-profile
hactivist, 2006

Next Generation Voting
Certification to the 2012 Voluntary Voting System Guidelines
(under development) requires the use of paper:
• Machines with Voter Verifiable Paper Audit Trail
• Paper ballots
• Devices which print paper

$13 million is considered the high side for the most expensive
solution—Machines with Voter Verifiable Paper Audit Trail.
Johnson County will need to consider a total cost solution
(capital and operating costs) when developing and evaluating
its Request for Proposal.


New systems must:
• Be federally certified by the Election Assistance Commission
(EAC)
• Comply with the EAC’s 2008 Voluntary Voting Systems
Guidelines
• Be certified in the state of Kansas
Currently, no system meets this criteria.
Internet voting likewise does not meet this criteria. Internet voting has security risks but is the
centerpiece of the MOVE Act. If Internet voting becomes successful with military voters, the industry
likely will be pulled to this technology.

Another backdrop to these issues is the role of the EAC, empowered by the Help America Vote Act.
Many--including the National Association of Secretaries of State, the current Kansas Secretary of State,
and the Johnson County Election Commissioner—believe the EAC has outlived its role and should be
abolished or blended into other agencies. This would place more emphasis on Kansas certification and
may allow for more innovation and, definitely, reduced costs. A bill to abolish the EAC was introduced
in the House of Representatives but did not gain the votes needed to advance to the Senate.

Elections as Public Policy
The equipment issues facing Johnson County are not solely
Retrofit Fleet of 1,881 TSx Machines
election issues. They are public policy issues that require the
same consideration by the Board of County Commissioners as
other service levels with other agencies.

Considerations of any equipment decisions
• How will service levels be changed now?
• Will any change limit our service level options in the future?
Put Machines on Ice, Go Paper
• What is the possibility of stranded investment?
• What is the possibility of federal or state funding?
• Will action now limit or prevent cost recovery from federal
or state sources?


So Why Not Go Back to Paper?
This question is often asked by voters. “Back to Paper” has an
impractical romantic quality.
Perception Reality
• Less susceptible to fraud. • The potential for fraud is what drove the use
of voting machines. Voter intent questions
come to the forefront, leaving more elections
decided by courts and governing bodies.
• Elections are cheaper. • Few ballot printing vendors, use of natural
resources, and transportation costs of heavy
items, along with human resources, make this
significantly more operationally expensive.
• We can hand-count the votes. • In a small recount, hand-counting is accurate,
but in large elections with several races, hand-
counting is not accurate, and it is very time-
intensive.

• People can wait a few days for results. • We live in a 10 o’clock news society. Voter
and candidate expectations are that most or
all results will be available by the nightly
news.


So Why Not Go Back to Paper?
• Johnson County prints ballots in each ballot style to prepare for
power outages, provisional voters, advance voting by mail, and
persons who request paper. Ballot orders are placed months
before an election with our ballot printer in Washington state—
few vendors, and none locally, exist that can meet our printing
needs.
• A large number of unused ballots, because of the myriad of
styles printed, are destroyed, leading to a waste of money but
perhaps a chance to repurpose dollars towards ballot-on-
demand printing and back-up power capabilities at the Election
Office, reducing the chance for a large number of provisional
ballots if power were lost during a mandatory advance voting
period.


Paper Use Since 2004
Printed Used Blank Ballots Disposed Cost*

2004 692,485 247,071 435,414 $174,166
2006 387,965 46,555 341,410 $136,564
2008 426,860 90,481 336,379 $134,552
2010 316,570 72,026 244,544 $ 97,818
Notes:
*--assumes $0.40 printing costs per ballot, numbers are rounded
• Each year represents August and November elections only. Ballots are printed for each election.
• 2004’s presidential election was a 2-page ballot.
• While the current election ballot delivery model requires the printing of more ballots than
necessary, these dollars represent a strategic opportunity to perhaps repurpose dollars towards
another model, such as ballot on demand printing or vote centers.
• These costs represent printing only—other costs include storage and labor

Vote Center Defined
• Colorado was the first to implement Vote
Centers, in 2003.
• A Vote Center is very much like an Advance Voting
site – the voter can live anywhere within the county
and vote at any voting center.
• Difference is that it can be done on Election Day, too,
rather than just Early Voting period.
• A single Vote Center does not have the same
operational efficiency of an Advance Voting site,
simply because the Vote Center is generally a Super
Polling Place on Election Day only, although
Advance Voting sites could be used as Vote Centers.

Vote Center Considerations
Drivers Restrainers
• Polling locations are easier to locate. • Fewer locations available that meet the
requirements (large parking, available
• Any registered voter within the space, etc.).
county can vote at any center without
having to return to their own • Significant (unbudgeted) staff
neighborhood polling place. resources needed to negotiate leases.
• Sites must be networked together.
• Fewer provisional ballots because
voters can vote anywhere in the • All paper ballots would have to be sent
county. to each site (as many as 1,500 types in
Johnson County) for provisional and
• Fewer additional voting machines paper voters or printed on demand.
needed as the community grows.
• Physical security of locations.
• Fewer election workers needed,
approximately 25 percent less. • Greater chance of voter receiving the
incorrect ballot.
• Fewer locations need to be obtained.
• Voter complaints that the local site has
• Sites could be open through the closed, making it harder for them to
weekend before, blending advance vote.
voting with Vote Centers. • Rent cost could be prohibitive.

Advance Voting Benefits
In-person advance voting creates a better voting experience
that could be leveraged in the Vote Center concept:
• Voter convenience—allows voters to vote on their terms.
• Election workers are more seasoned—working daily instead
of two or three times a year.
• Voting machine utilization reduces the county’s overall capital
investment.
November 2008
Machine Utilization
Percentage
Each advance voting site
reduced the need for 40
polling places and 200
voting machines.

2008 Physical Capital Issues
Overhangs to the dock
doors were never replaced;
equipment becomes wet
when loaded in the rain.

Employees park in the
grass and mud,
arriving and leaving
in the dark.

This is the secure ballot
drop box that was
inadequate in 2008.

One of many areas in
need of repair in the
parking lot.


Further Building Issues
• Likely, the Election Office facility will be
completely out of space by 2014.
• The office must be open, by law, for advance voting.
• One way or another, more equipment will be needed by 2016,
even if the additional equipment obtained are laptops to check-in
voters and extend the life of the voting machines.
• There is no room to store and fulfill the additional paper ballots
expected because of new precincts and parties.
• Warehouse restrooms are not ADA-compliant.
• The facility is extremely vulnerable in the event of power failure,
which could delay election results or result in thousands of
provisional ballots.


Election Laws/Regulations

Elections fall under federal and
state oversight:
• National Voter Registration Act (NVRA)
governs list maintenance activities
• Help America Vote Act (HAVA) governs
election administration
• State statutes detail election
requirements
• Secretary of State Standards clarify and
enhance state requirements


Voter Registration Requirements
Current Requirements to register to vote:
United States Citizen
Resident of the State of Kansas and the County listed
on the registration
18 years of age or older by the date of the next
election


Election Office Responsibilities
The Election Office is responsible for conducting a program that
makes a reasonable effort to remove names of registrants who have:
 Died
 Moved to another County or State
 Inactive voters removed for failure to vote in two consecutive
federal general elections
 Requested to be removed
 Are no longer eligible to vote

56

Election Office Responsibilities

1) Mail two notices non-forwardable first class mail
2) Transfer of voters to “inactive” status
- Maintain for two full federal election cycles (4 years)
- Or through the second general election for federal office
following the date the voter was transferred to inactive.

When we conduct a full voter mailing we
get thousands of mail pieces to verify.


Voter Registration Process

Complete = Registered Incomplete information = Rejected

Incomplete
Information=
Suspense

Registrant is sent a letter requesting the additional information that is
necessary to complete their registration.

If the registrant If the registrant does
provides that not provide that
information= information
Registered. Not Registered.

Mass Mailing Process OFFICE OF THE KANSAS SECRETARY OF STATE
NCOA / MASS MAILING / CROSSCHECK
RESULTS

1. Receive evidence of a 2. Receive evidence of a 3. Receive response from post
move within the county. move out of the county. office saying “undeliverable” or “no
forwarding address”.

Send forwardable confirmation
Send forwardable mailing to address on file and
Update the registrant’s confirmation mailing to make voter record “Inactive”.
record with the new new address and make
address. voter record “Inactive”. Do
not update the
registrant’s record yet.

Response from voter.

Send forwardable No response – Must fail to
confirmation mailing to new vote and have no contact
address. until after second
consecutive federal Voter responds with Voter responds with Voter confirms
general election, then no change to record. move in county, move out of
cancel voter registration. Remove “Inactive” update address and county, cancel
designation. remove “Inactive” voter’s
designation. registration.


Poll Books and Voter History

•When a voter signs in the
Signature Roster on Election Day,
voting history is updated.
•The poll books are scanned in the
days following the election to
update that the voter voted.
•If the voter is inactive this will
restore the registration and the
voter will become an active voter.
•If the inactive voter does not
vote, then the voter is removed
from the voter file after the proper
time has elapsed.


Registration Systems
• Johnson County co-developed and purchased a voter registration and election management
system in 1997.
• This system was selected as the same system to be used for the statewide voter registration
system, required by the Help America Vote Act.
• Before implementation, in early 2005, the vendor of this system and the Secretary of
State’s office terminated these plans, leading to a new selection process and a new vendor,
ES&S. ES&S is contracted with the Secretary of State’s office.
• Johnson County pays approximately $40,000 annually for user security tokens to the
Secretary of State’s office. The system’s primary missive is to securely process and
maintain Kansas voter registration records.
• The system was envisioned as an election management system (ballot design, reporting,
and scheduling of workers and supplies) but it hasn’t yet fulfilled this vision, leaving
Johnson County to operate two systems (including the now-unsupported legacy 1997
system).
• Replacement of this legacy system would cost approximately $100,000 likely will be
necessary unless the state system capabilities are enhanced. While there are plans to
enhance the system, there are limitations that have delayed this expectation.


Voter Investment Issues
• Johnson County has arguably the most
engaged voters in the nation. These
voters have high expectations and their
utilization of the Election Office
supports those expectations be met.
• In 2008, the BOCC approved nearly
$230,000 of an approximate $320,000
request for outreach. The Election
Office recognized this was the highest
amount ever allocated for any outreach
project (not just elections) by the
BOCC.
• Outreach efforts contributed to a
reduction in provisional ballots in
2008.

Key Metrics

2/3 of Johnson County
Voters Would Have a
Different Polling Place in
2008 Than in 2004


Key Metrics
2004 2008
Polling
286 284
Places

11,301 Provisional
Ballots
“Lost Voter”
Provisionals

Key Metrics
2004 2008
Polling
286 284
Places

11,301 Provisional
Ballots
“Lost Voter”
4,267
Provisionals

Key Metrics
2004 2008

286 These would be
Polling
284
Places
expected to
11,301 Provisional
increase as
Ballots
“Lostturnout
Voter”
4,267
Provisionals
increased.

Key Metrics
2004 2008

74.5% Turnout

37.8% Advance
Percentage


Key Metrics
2004 2008

74.5% Turnout 78.3%

37.8% Advance
Percentage


Key Metrics
2004 2008

74.5% Turnout 78.3%

37.8% Advance 49.3%
Percentage


Key Metrics
2004 2008
Polling
286 284
Places

11,301 Provisional
Ballots
“Lost Voter”
Provisionals

Key Metrics
2004 2008
Polling
286 284
Places

11,301 Provisional 8,198
Ballots
“Lost Voter”
Provisionals

Key Metrics
2004 2008
Polling
286 284
Places

Ballots
“Lost Voter”
4,267
Provisionals

Key Metrics
2004 2008
Polling
286 284
Places

Ballots
“Lost Voter”
4,267 668
Provisionals

Communications Components
The Election Office had an exhaustive campaign involving the following
components, with an initial push focused on the August election.

Engage Local Business
Develop Baseline Materials
Partnerships

Utilize Public Relations
Leverage County Resources
Opportunities

Leverage City/Civic Resources Utilize Strategic Media
Placement

• Approved dollars by the BOCC for $229,725 came to 64 cents per voter.
• There is no similar effort budgeted for 2012. Without a campaign,
provisional ballots are likely to move back towards 2004 levels.

75
Brian D. Newby, November 29, 2007

Message
Johnson County voters were consistently be reminded that:
• Advance voting is more convenient than ever and can be done
in person or by mail.
• Polling places change for each election.
• Voters should check their location before heading to the polls.
• There will be lines at the polling places throughout the day,
especially first thing in the morning. THIS IS STILL THE
PRIMARY MESSAGE.
Outreach efforts in this document are focused on these
specific messages. Other messages and targets (such as
encouraging young adults to register) are important but
beyond the scope of this particular campaign.

Brian D. Newby, November 29, 2007 76

2008 Outreach Approach

JoCoPoLo and “Express Lane”
Public Awareness Campaign
and Outreach Program to promote
Election Day polling locations and
Early Voting Options.

Brian D. Newby September 8, 2011 64

Jo-Co Po-Lo

www.jocopolo.com

Johnson County Election Office

Website/Phone Calls
October phone call volume
was similar in 2008 and 2004,
but phone calls on election
day in 2008 were 3,600 less
than in 2004, suggesting an
impact from advance voting
and outreach efforts.

The two websites had more
than one million unique visits,
Oct. 3-Nov. 6

Brian D. Newby, September 8, 2011
70

Components of Outreach
JoCoPoLo van, Democracy Posse, and “JP”

Voter types in
VOTEKS and
address to short
code

Response
Received within
60 Seconds

Democracy
Posse

Johnson County Election Office 4 4

Canvass
Board of County Canvassers conduct the canvass based on BOCC policy.
• Election Commissioner is the facilitator of the process.
• Provisional ballots are determined by the Special Elections Board,
appointed by the Election Commissioner but not staff members. These
persons represent a similar composition to a polling place election board
or advance voting board.
• Elections staff research and categorize provisional ballots for the canvass
meeting.
• Board of Canvassers in some counties actually adjudicate each provisional
ballot—and could in Johnson County, but it would require an extensive
time commitment by the BOCC members over a period of several days
beginning the Wednesday after the election.
• In November 2012, Board of Canvassers, or their alternates, should
prepare to be available the full week after the election.


Provisional Timeline
Ballots received after
7 p.m. are considered
late and not
Provisional
provisional. They are
ballots can be
stored separately for
mailed.
review if necessary.

20 Days before Election Day 19 Days before Election Day Tuesday, Election Day Tuesday, 11 p.m.

Research of Election night provisional ballot
voted ballots as bags are checked in to confirm
they are received all have been accounted for and
in the mail begins locked in secure room. Ballot
by staff. bags remain sealed overnight.

Brian D. Newby, April 28, 2011 86

Provisional envelopes begin to
be sorted by general categories
Ballot bags are opened and for research.  Research follows
emptied.  Ballots in each bag a checklist to determine if the
are counted and reconciled voter is eligible to vote and if
against the green sign‐in the voter has already cast a
sheet. ballot.

Wednesday,  8 a.m. Wednesday,  9 a.m. Wednesday, 11 a.m.

Provisional envelopes are moved to the “E” Room.
Counts by EP Code, if necessary to know the number of
provisional ballots in close races, are recorded.



Researching of
envelopes Research
continues. continues on
envelopes.

Thursday, 8 a.m. Thursday, 2 p.m. Friday, 8 a.m.

Canvass summary sheets are drafted. Sheets summarize categories
that by law ballots are recommended to be counted and
recommended not to be counted. Envelopes simply containing ballots
that were cast on paper, but not provisional, are reviewed and held to
be tabulated during the canvass recess the following Monday.


Research continues on envelopes.

Envelopes recommended to be processed and those
recommended not to be processed are stored separately and
tagged appropriately.

Canvass summary sheets are completed and totals are
proofed.

Saturday,  8 a.m. Sunday, 8 a.m. Monday, 9 a.m.

Research Board of County Canvassers convene.  The Board recesses
continues on while those envelopes recommended to be processed are
envelopes. taken to the E Room and are worked by the Special Board.
Results are tabulated for final results and certification by
the Board of County Canvassers.


Provisional Ballot Metrics “Counted”
2004 2006 2008
Nov. Percentage Nov. Percentage Nov. Percentage
2004 of Total 2006 of Total 2008 of Total
Counted Counted Counted

Name, Address 360 4.7% 1,740 45.6% 2,117 40.1%
Change, Correct
Polling Place
Name, Address 4,267 55.1% 432 11.3% 668 12.7%
Change, Incorrect
Polling Place
Mailed Advance 585 7.6% 539 14.2% 1,836 34.8%
Ballot, Voted at the
Polls

Total Counted 7,738 3,810 5,280
Percentage 3.0 2.0 1.9
of Total Votes

2010 2012 2014

Name, Address 1,101 45.6%
Change, Correct
Polling Place
Name, Address 224 9.3%
Change, Incorrect
Polling Place
Mailed Advance 932 38.6%
Polls

Total Counted 2,416
Percentage 1.3
of Total Votes

2004 2006 2008

Name, Address 360 4.7% 1,740 45.6% 2,117 40.1%
Change, Correct
Polling Place
Name, Address 4,267 55.1% 432 11.3% 668 12.7%
Change, Incorrect
Polling Place
Mailed Advance 585 7.6% 539 14.2% 1,836 34.8%
Polls

Total Counted 7,738 3,810 5,280
of Total Votes

Provisional Ballot Metrics “Not Counted”
2004 2006 2008
2004 of Total Not 2006 of Total Not 2008 of Total Not

Not Registered 1,806 55.5% 560 60.3% 1,307 44.8%

First Time Voter, No 1,031 31.7% 72 7.8% 316 10.9%
Acceptable ID

Incomplete 204 6.7% 119 12.8% 945 32.4%
Provisional
Envelope
Signature Match 62 8.4% 18 1.9% 102 3.5%
Total Not Counted 3,253 928 2,918
of Total Votes


Provisional Ballot Metrics “Not Counted”
2010 2012 2014
2010 of Total Not 2012 of Total Not 2014 of Total Not

Not Registered 445 30.1%

First Time Voter, No 18 1.2%
Acceptable ID

Incomplete 661 45.0%
Provisional
Envelope
Signature Match 160 10.8%
Total Not Counted 1,478
Percentage 0.8
of Total Votes


Websites
http://www.jocoelection.org

http://my.jocopolo.com

http://advance.jocoelection.org

https://voter.jocoelection.org

http://lwv.jocoelection.org


Websites
Facebook:
Johnson County Election Office

Twitter:
Jocoelection

Podcast:
Election Updates on iTunes


Appendix A
Election Office, Relevant Statutes

Relevant Legislative Authority
19-3419a. Salaries and car allowance of election commissioners. The election commissioners in
any county shall receive a salary in an amount to be fixed by resolution of the board of county
commissioners of the county. On and after January 1, 1977, the compensation so fixed shall be in an
amount not less than ten thousand dollars ($10,000) per annum. Such salary shall be an annual salary
payable in equal monthly installments.
The election commissioner shall receive a car allowance in an amount to be fixed by resolution of
the board of county commissioners.

19-3420. Assistant election commissioners; appointment, salary; expenses. The election
commissioner shall appoint one assistant, known as assistant election commissioner, who shall receive
an annual salary to be fixed by the election commissioner and shall be paid in the same manner as
other county officers and employees, and in addition the election commissioner shall certify to the
board of county commissioners the amount necessary for clerk hire and expense, which amount shall
be allowed by the board of county commissioners of said county. The board of county commissioners
shall also authorize the statutory mileage allowance provided for in K.S.A. 75-3203 for the assistants
of the election commissioner, to provide and maintain means of travel within their county. In counties
having a population of more than two hundred thousand (200,000) the election commissioner shall
appoint two (2) assistants, known as assistant election commissioners who shall be paid as provided
for in this act.


19-3424. Powers, authority and duties; ward and precinct boundaries; notices of elections;
printing ballots; election contests; budget. The election commissioner, as a part of his or her official
duties shall have and exercise the following powers and authority:
(a) Such commissioner shall establish and fix the boundaries of wards and precincts within the
county and in all cities the greater part of the population of which is located in said county. Such
commissioner shall accept and file nomination and declaration papers of candidates and declarations of
party affiliation.
(b) Such commissioner shall give notice by publication in the official county paper, at least fifteen
(15) days before the holding of any election, except as otherwise provided by law, of the time of
holding such election, and the officers at that time to be chosen, and any other matters to be voted
upon.
(c) Such commissioner shall publish notice giving the proper party designation if required by law,
the title of each office, the names and addresses of all persons seeking national and state offices and as
certified to such county election officer by the secretary of state, as provided by law, and of all persons
from whom nomination papers or declarations have been filed with such election officer as provided
by law, giving the name and address of each, the title to such office, the day of the election, the hours
during which the polls will be open and the location of the voting place in each precinct or area, and
mail to all persons whose nomination or declaration papers are on file with such election officer, a
copy of the first issue containing such publication notice.


19-3424 (cont). Powers, authority and duties; ward and precinct boundaries; notices of
elections; printing ballots; election contests; budget. The election commissioner, as a part of his or
her official duties shall have and exercise the following powers and authority:
(d) Such commissioner shall have charge of the printing of the ballots for all elections to which
this act applies held within the county, or held within any city, school district, township or drainage
district located in said county. Such commissioner shall conduct negotiations for the letting of the
contract to print such ballots and shall let the contract, with the approval of the board of county
commissioners.
(e) Such commissioner shall be the clerk of the court for the trial of contested elections except
national and state elections, and all intentions to contest any election shall be filed with said election
commissioner, and shall proceed in accordance with any laws of the state dealing with the subject.
On or before July 15 of each year, the election commissioner shall certify to the board of county
commissioners an itemized statement showing the amount necessary to pay the salary of the election
commissioner, the deputy election commissioner and other employees in the office of the election
commissioner and other expenses of said office during the next ensuing budget year and the county
commissioners shall cause the same to be included in the county budget for such ensuing budget year.
19-3435. Same; how salaries and expenses paid. That the salaries and expenses of the office of the
election commissioner as in this act provided, the cost of printing and distributing the ballots and all
other expenses connected with county-wide elections whether primary, general or special elections, in
counties having an election commissioner, shall be paid by the county. The expense of all drainage
district elections shall be paid by the drainage district holding such election from the general fund of
such drainage district.

19-3435a. Election commissioner; salaries and expenses of office; tax levy, use of proceeds. The
board of county commissioners in any county having an election commissioner, is hereby authorized to
make a tax levy in each year, in such amount as may be necessary in order to provide the necessary
fund for the payment of the salaries and expenses of the office of the election commissioner and of
election expenses as provided for in K.S.A. 19-3435 and to pay a portion of the principal and interest
on bonds issued under the authority of K.S.A. 12-1774, and amendments thereto, by cities located in
the county. Said tax levy shall be in addition to all other tax levies authorized or limited by law and
shall not be subject to nor within the aggregate tax levy limit prescribed by K.S.A. 79-1947, or acts
amendatory thereof.


Committee Of The Whole September 8 2011 Final Version

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Committee Of The Whole September 8 2011 Final Version