Timeline of SOS & SBOE AVR Problems

• SOS = Secretary of State (Jesse Whites office)
• SBOE = State Board of Elections
• AVR = Automatic Voter Registration

Illinois State Representative Tim Butler has called out the errors in the AVR.  In the video (below), he discusses a timeline of the AVR events that transpired.  He also has submitted HB5224 which calls out for the AVR suspension and HR827 requesting an outside audit be performed.  All of this affects our intention to clean up the voter rolls

The video is dated 3/11/2020

Here is the AVR timeline as referenced in Tim Butler’s video (above). 

• 7/24/2019 ICU sent a letter ( signed by Carol Davis, Jan Shaw, Loretta Savee, Jane Carrell) to SBOE Director Sandvoss, requesting documents and voter data for voter list maintenance verification,  pursuant to NVRA
• 8/14/2019 SBOE response (received 8/19/2019) some information, but not everything we requested. They refused to include registered voter data.
• 11/18/2019 ICU sent a vote-by-mail survey to Illinois county clerks/election authorities (none answered. We are not pressing it)
• 11/27/2019 ICU’s NVRA notice of violation received by SBOE (letter dated 11/18/2019)
• 12/12/18/2019 SOS notified SBOE by letter that there was an AVR programming problem (574 non-citizens registered to vote)
• 1/4/2019 a letter, “Automatic Voter Registration Update” from Dustin Schultz (AVR Coordinator) states “IT Staff completed and pushed to production an AVR management application, which allows VRS staff to generate notification letters to send to non-qualified underage applicants… Approximately 800 letters have been sent to applicants who were underage and therefore ineligible to apply to register to vote since deployment of the AVR management application.”
• 1/15/2020 ICU-friend, Diane Benjamin of BLNNEWS broke the story “Secretary of State tells Election Authorities they registered non-citizens”
• 1/17/2020 Illinois Review “ILLINOIS SEC OF STATE “MISTAKENLY” REGISTERS OVER 500 NON-CITIZENS TO VOTE”
• 1/19/2020 BLNNEWS “DMV ISN’T ALLOWED TO ASK ABOUT CITIZENSHIP!”
• 1/20/2020 WCIA TV station picked up the AVR/Non-Citizen story
• 1/20/2020 after the news came out in public, Republicans called for a hearing and sent a letter to the Speaker
• 1/22/2020 Republicans held news conference and called on SBOE to conduct an independent audit of AVR
• 1/22/2020 Washington Examiner picked up the AVR/non-citizen story (it went national, covered by The Center Square, Epoch Times, New York Times, The Hill)
• 1/29/2020 SBOE (vote along partisan lines) voted down the review of the AVR system
• 1/29/2020 SOS admitted they were sending 16-yr olds’ data to local election authorities (too young to vote)
• 1/30/2020 The State Journal-Register Published an article “Policy change: Secretary of State won’t forward 16-year-olds’ info to voter registration system” The information for approximately 4,700 16-year-olds was forwarded from the SOS to the SBOE as part of AVR, no underage people were registered to vote. (Note, 1/4/2019 entry said 800 letters, this story says 4,700. Hmmm…)
• 1/31/2020 BLNNEWS story “What Happens When Non-Citizens Are Called For Jury Duty?”
• 2/4/2020 Jan Shaw sent email notes to Republican members of House Exec committee & to the chair to add as written testimony (not sure if he attached it for me). Big point: non-citizens can have Social Security numbers and Drivers’ licenses just like citizens.  Can Election clerks verify citizenship?
• 2/5/2020 Exec committee hearing at which Jesse White, SOS assured them that the problems were “fixed.” (ICU members, Jan Shaw & Loretta Savee attended)
• 2/7/2020 SOS tells SBOE they will NOT be transmitting info on the weekends involving AVR
• 2/14/2020 Tim Butler – introduced a bill, HB 5224, to suspend AVR until we can do a review and get it back up and running correctly.
• 2/19/2020 ICU (Carol Davis, Jan Shaw, Loretta Savee & Theresa Johanson) met with IL House Republicans to let them know what we are doing. I asked if they could help get data about non-citizens being on the Jury Pool list.
• 2/25/2020 Congressman Davis convened an AVR listening session in Springfield, where SOS, SBOE, and local election officials were heard from. Again, assured things were corrected
• 2/25/2020 ICU’s 90-day Notice of NVRA violation is up (we are contemplating our next step)
• 2/28/2020 advocacy groups filed a lawsuit against SOS & SBOE for “Bungling the implementation” of AVR.
• 3/1/2020 cut-off to register via AVR for 3/17/2020 primary (can still register at the polling place or the election authority).
• 3/10/2020 a letter from SOS to SBOE identifying a third programming error that left 1,152 REAL ID valid voter registrations denied as opting out. Also, there was an error displaying the application date.
• Sangamon county clerk says there were over 100 related to him that were at issue, where SBOE said only 20.

Republicans are calling for an independent AUDIT of AVR, another exec committee hearing… and to pass HB-5224 and HR827.

Recently a member of the Illinois Election Integrity Program filed a “Freedom Of Information Act” (FOIA) to obtain information on “vote by mail” (VBM) from the DuPage County Board of Elections. The following information is from the results of the FOIA.

• Log in application/access: Please provide your application to receive log-in access to electronic tracking of Voting by Mail and Early Voting including interval for data refreshing, guidelines and data file format options. No information was received.
• VBM Procedures: Please provide written procedures for processing a ballot voted by mail describing who may conduct the process, judges of the two parties or election staff, and the accommodations for observers with valid pollwatcher credentials. Information received: To vote by mail – application may be made online https://www.dupageco.org/Election/VoteByMail/ or https://www.ieip.org/wp-admin/post.php?post=156&action=edit and https://www.ieip.org/wp-admin/post.php?post=153&action=edit
• Damaged ballot by mail: Please provide procedures(s) to remake a damaged ballot by mail, a handwritten, Faxed ballots from overseas military and in re-tabulation post-election. Information received: https://www.ieip.org/wp-admin/post.php?post=160&action=edit
• Image of ballot security envelope: Please provide a copy or image of the ballot security envelope for Voting by Mail (front and back) along with any instructions provided to the voter. https://www.ieip.org/wp-admin/post.php?post=164&action=edit
• Verification of voter (VBM): Please provide written procedures and training materials for the steps in verifying the voter who votes by mail and the accommodations for observers with valid pollwatcher credentials. https://www.ieip.org/wp-admin/post.php?post=167
• Voter (VBM) not verified: Please provide notification procedures for a “hearing” required for voter voting by mail when the voter could not be verified in the ordinary processing.  Please include the method and time of notification. https://www.ieip.org/wp-admin/post.php?post=169&action=edit
• Chain of custody and Storage of ballots (VBM): Please provide the chain of custody and storage procedures and documentation of best practices for voted ballots storage once received and until they are tabulated on Election Day. Partial information received. (See next paragraph/bullet.)
• Access to and security of stored VBM ballots: Please provide guidelines on who had access to the stored ballots in #7 and information on the storage area security including a camera. Information received: https://www.ieip.org/wp-admin/post.php?post=169&action=edit

What is Provisional Voting?

Provisional Voting in Illinois
Generally, provisional voting allows a voter whose voting eligibility has been disputed to
vote on Election Day. Provisional voting occurs in the following circumstances:

1. When election judges have no record of the individual (name does not
   appear on the precinct list) and the individual declines the opportunity to
   register at the polling place or another location;
2. When a voter’s voting status has been successfully challenged;
3. When a voter registered to vote by mail and fails to provide identification
4. as required; or
5. When a court order extends the time for closing the polls.
6. When the voter’s name appears on the list of voters who voted during the early
7. voting period, but the voter claims not to have voted during the early voting
8. period.
9. When the voter received a vote by mail ballot and did not return the vote by mail
10. ballot to the election authority yet shows up to vote on Election Day.
11. When the voter attempted to register on Election Day but failed to provide the required documentation.

The procedures for provisional voting can be summarized as follows:

1. The voter fills out an application to vote;
2. The election judge signs the “provisional voter affidavit” and marks the reason the voter is issued the provisional ballot. The original affidavit stays with the “provisional ballot envelope” and the copy goes to the voter. The election judge places the originally written affidavit in a self-adhesive clear plastic packing list envelope that must be attached to a separate envelope marked as a “provisional ballot envelope”. The election judge shall also place any information provided by the person who casts a provisional ballot in the clear plastic packing list envelope.
3. If the voter presents information to support the claimed right to vote, it stays with the original affidavit.
4. The voted ballot is sealed in the “provisional ballot envelope” which is then returned to the election judges.
5. The election judges then deposit the “provisional ballot envelope” into a securable container.
6. The voter is then given information on how to submit additional information (must be received by the election authority within 7 calendar days after the election) and how to determine after the election if their vote was counted.
   These ballots are kept in a separate, securable container until voter eligibility is determined, by the election authority, after Election Day. Further, provisional ballots that are cast after 7:00 p.m. due to a court order are kept separate even from other provisional ballots.

The election authority has 14 days after the election to determine the voter’s eligibility.

The eligible provisional ballots are then counted and added to the Election Day results.

If it is determined that the voter was not registered at the address the voter provided and his or her vote is therefore not counted, the provisional voter affidavit is processed as a registration application.

According to the Illinois Code of Elections:

Vote by Mail (previously “absentee”) Increasingly more people are choosing to vote by a vote by mail ballot. A registered voter can vote by mail without excuse. Under the law, any duly registered voter in Illinois may apply to the county clerk or to the Board of Election Commissioners to receive an official ballot for that voter’s precinct to be voted at such election. 10 ILCS 5/19-2. The request may be made by mail or electronically on the website of the appropriate election authority, not more than 90 nor less than 5 days prior to the date of such election, or by personal delivery not more than 90 nor less than one day prior to the date of such election. The vote by mail ballot application sets forth where the ballot is to be voted, residential information concerning the voter and simply that the voter wants to vote via a vote by mail ballot. 10
ILCS 5/19-3. Any person may distribute or reproduce vote by mail ballot requests, and any person – not just the voter – may return a vote by mail ballot application to the election
authority.
Once the election authority sends a vote by mail ballot to the voter, only the voter may handle that ballot. The voter himself or herself, someone authorized by the voter, or a company licensed in Illinois as a motor carrier of property may deliver that ballot to the election authority. If a vote by mail ballot is rejected by the election judge or official for any reason, the election authority must, within 2 days after the rejection, but in all cases before the close of the period for counting provisional ballots, notify the vote by mail voter that his or her ballot was rejected. The notice must inform the voter of the reason or reasons for the rejection and state that the voter may appear before the election authority, on or before the 14th day after the election, to show cause as to why the ballot should not be rejected. The voter may present evidence to the election authority supporting his or her contention that the ballot should be counted. The election authority appoints a panel of 3 election judges to review the contested ballot, application, and certification envelope, as well as any evidence submitted by the vote by mail voter. The reviewing panel of election judges must make a final determination as to the validity of the contested vote by mail ballot.10ILCS 5/19-8(g-5)

Who can vote by mail in Cook County in Illinois? Any registered suburban Cook County voter may request a mail ballot using this online application. Once we verify your registration and process your application, we will send a paper ballot to the mailing address you designate in your application. The deadline to apply is five days before an election.

To complete an online mail ballot application,
you will need:

        –  your driver’s license or state identification number;
        –  the last four digits of your Social Security Number;
        –  the address where you would like your ballot mailed; and
        –  an email address

Here is the link to apply online for application to vote by mail (VBM) in Cook County: https://www.cookcountyclerk.com/agency/vote-mail

Important Dates for the March 17 Presidential Primary:

The first day to file an application for a vote by mail ballot with the Election Authority is 12/18/2019.

All requests by mail must be received by the Election Authority by 3/12/2020.

All in-person early voting requests must be made by 3/16/2020.

When are the VBM (Vote By Mail) Ballots counted? Counting is done at the central ballot counting location starting at 7pm ON ELECTION DAY. (10 ILCS 5/19-8).

When does Early Voting Begin for the March 17th Presidential Primary 2020? Early voting in Illinois begins March 2-16.

Where can I go to Vote Early in Cook County? Here are early voting locations for Suburban Cook County voters: https://www.cookcountyclerk.com/service/early-voting-locations

What requirements are needed to vote early? Any qualified and registered voter may vote PRIOR to Election Day at any site established for early voting by the Election Authority.

Illinois State Board of Elections Early Voting Locations and Grace Period Registration can be found here: https://www.elections.il.gov/VotingAndRegistrationSystems/EarlyVotingLocationsSearch.aspx?MID=A3RIOjKplz4%3d&T=637169523028624746

What is Early Voting?

Early Voting
An “Early Voting” process permits voters to cast their ballots prior to Election Day without reason or excuse. Under the law, registered voters can vote early beginning the 40th day before an election through the end of the day preceding an election. 10 ILCS 5/19A-15.

The election authorities must identify early voting sites by publication the week before Early Voting begins and once each week during such voting. In addition to the Election Authority being available for early voting, authorities may also establish permanent and temporary polling places in its jurisdiction to accommodate early voting.

Beginning the 15th day before an election through the day before an election, all permanent polling places must remain open on weekdays from 8:30 a.m. – 4:30 p.m. or 9:00 a.m. –5:00 p.m., and until 7 p.m. for the last 8 days before the election. On weekends, including holidays, these polling places must be open from 9:00 a.m. to 12:00 p.m. on Saturdays and holidays, and 10:00 – 4:00 p.m. on Sundays., and for at least 14 hours over the last weekend before the General Election. 10 ILCS 5/19A-15

Counties with over 250,000 residents are required to establish one permanent polling place in the three largest municipalities, and if one of those municipalities has a population over 80,000, then two permanent polling places must be established in that municipality.

Counties with a population over 100,000 but under 250,000 must have at least one location for early voting (which may be the authority’s main office). Board of Election Commissioners for municipalities with a population over 100,000 are required to have two permanent polling places. 10 ILCS 5/19A-10.

In addition to the hours applicable for all permanent polling locations, these population-based permanent polling locations must remain open for at least 8 hours on any holiday during the early voting period and a total of at least 14 hours on the final weekend before the election. 10 ILCS 5/19A-15

Traditionally, early voters were required to produce photo ID in order to vote. That requirement was eliminated prior to the 2014 election.

Illinois State Board of Elections – IMPORTANT FACTS – A qualified voter to whom a vote by mail ballot was issued may vote early if they submit that vote by mail ballot for cancellation to the judges or election official conducting early voting. If the voter is unable to submit the vote by mail ballot, it shall be sufficient for the voter to submit to the judges or election official (i) a portion of the vote by mail ballot if the vote by mail ballot was torn or mutilated or (ii) an affidavit executed before the judges or election official specifying that the voter never received a vote by mail ballot or the voter completed and returned a vote by mail ballot and was informed that the election authority did not receive that vote by mail ballot. Special NOTE: The votes cast during the early voting period will not be counted until after the polls close on Election Day.

The Illinois Election Integrity Program is a non-partisan group of U.S. citizen volunteers helping to defend the integrity of the voting process and protect our most fundamental right – the right to vote! We are looking for volunteers in Illinois who value and support voter integrity and “fair and honest” elections. We hope you will join us in this cause and look forward to working with you!

****

Join the Illinois Election Integrity TEAM! Get informed! Get involved! Stay educated! Fight for the right to choose our representatives by fair and honest elections!