Four counties admit voting mix-ups Signatures on scores of provisional ballots weren't matched up

Friday, April 1, 2005

By GREGORY ROBERTS
SEATTLE POST-INTELLIGENCER REPORTER

Hundreds of votes were improperly counted in the November election when poll workers in four Eastern Washington counties tallied provisional ballots without first matching signatures on the ballot envelopes with those on file, officials have acknowledged.

The provisional ballots in those counties were checked to make sure names and addresses matched with registered voters, but the signatures were not verified as required by state regulation.

It's unclear what effect this could have on the legal challenge to Democrat Gov. Christine Gregoire's election, still pending in a Chelan County court, although both sides in the dispute say it helps their case.

Democrats say if unverified provisional ballots in King County are to be tossed out, so should those in Eastern Washington. That would be important if the court rules, as the GOP has argued, that improper votes should be subtracted from the tallies of Gregoire and her Republican opponent, Dino Rossi, in proportion to their percentages of overall vote totals. The four Eastern Washington counties all favored Rossi.

Republicans, who would like the proportional analysis applied in Gregoire's stronghold of King County, say the problems with provisional ballots in Eastern Washington can't be compared to those in King County. In any event, they say, the missteps underscore Rossi's contention that the entire election was a mess and a new one should be held.

Gregoire beat Rossi by 129 votes in a hand recount of more than 2.8 million ballots.

Republicans have pointed to illegal voting by felons and other irregularities in the election. Much of the Republican fire has been directed at King County, where Gregoire rolled up a 150,000-vote plurality.

Provisional ballots are issued by poll workers when a voter shows up on Election Day but his or her name cannot be found on the list of registered voters for that polling place. The voter signs for the ballot, fills it out and places it in an unmarked security envelope, which then goes inside a provisional ballot envelope. The outer envelope includes space for the voter to enter his or her name, address, date of birth and signature.

After the polls close, elections workers compare the information on the outer envelope to their roster of registered voters. If they get a match, the ballot is counted.

The ballot itself is not specially marked or coded as a provisional ballot, and once counted, it is generally not possible to distinguish it from mail-in absentee ballots and others tabulated after the polls close. Provisional ballot outer envelopes from the November election are to be kept on file until September 2006.

According to an official regulation issued by Washington Secretary of State Sam Reed in August, "A provisional ballot cannot be counted unless the voter's name, signature and the date of birth, if available, matches a voter registration record."

But in at least four counties, workers did not compare the signatures on provisional ballots to their records, county auditors said.

"We did not check their signatures against our signatures in-house," said Auditor Nancy McBroom in Adams County.

"With the new law, it says, I guess, you're supposed to confirm the signatures," McBroom said. "We have always considered, prior to that, that when the person comes in and (they) present themselves to election workers, they're identifying themselves."

Adams County tallied 108 provisional ballots after matching names and other information with registration lists and rejected 36, McBroom said. Rossi defeated Gregoire there, 68 percent to 30 percent.

Other counties that failed to compare signatures as part of their review of provisional ballots included:

  • Stevens. Its tally included 560 of 744 provisional ballots. The county gave Rossi 62 percent of its votes.

  • Walla Walla. Election workers validated 342 of 473 provisional ballots. Rossi carried the county, 63 percent to 35 percent.

  • Whitman. It counted 783 of 1,002 provisional ballots. Rossi got 53 percent there.

    In King County, which issued more than 31,000 provisional ballots on Election Day, workers checked the envelope signatures for three points of similarity with signatures on file to determine a match, an elections department spokeswoman said.

    But King County had its own problems with provisional ballots. Nearly 660 mistakenly were fed directly into vote-counting machines at polling places with no check of their validity and no way to retrieve them.

    Poll workers attested to knowledge of 348 of those ballots specifically, and elections workers verified that 252 of those were cast by legal voters. About 40 of those 348 ballots were cast by persons ineligible to vote, and the status of about 50 could not be determined. Officials said they're still researching the rest of the approximately 660 ballots.

    Rossi hopes to use the voting foul-ups as leverage in his legal challenge. Beyond the question of provisional voters, the GOP has given King County officials a list of hundreds of alleged felons who illegally voted.

    Although Chelan Superior Court Judge John Bridges has declared that the Republicans need to show Gregoire owes her victory to illegal votes, and not merely that the number of illegal votes exceeds her margin, he hasn't determined how the Rossi forces may meet that requirement.

    In pretrial filings, the GOP argued for a pro-rated subtraction of illegal votes from each candidate, based on the overall percentage of votes received. So, for example, if 1,000 illegal votes were cast in King County, where Gregoire won 58 percent to Rossi's 40 percent, the court could subtract 580 votes from Gregoire's total and 400 from Rossi's.

    The Democrats don't buy that argument. But should Bridges decide against the Democrats, they may marshal data of their own to influence any proportional reduction.

    That's where the mishandled provisional ballots from Rossi counties could come into play. "If they were counted without proper verification, then as we understand the situation in an election contest (in court), they are going to be illegal votes," Democratic lawyer David McDonald said.

    But state Republican Party Chairman Chris Vance said the error in the four counties was not the same as the foul-up in King County. The auditors in the four counties did attempt to match provisional ballots and registered voters via names, addresses and other identifiers, Vance said -- and if need be, they could go back and check the signatures.


    P-I reporter Gregory Roberts can be reached at 206-448-8022 or gregoryroberts@seattlepi.com

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