Unofficial minutes of HD37 recount board – 2nd meeting

UNOFFICIAL

MINUTES OF THE HD 37 RECOUNT BOARD

NOVEMBER 22, 2008 10:00 A.M.

LINN COUNTY AUDITOR’S OFFICE

WESTDALE MALL

CEDAR RAPIDS

 

At 10:00 a.m. on November 22, 2008, Rebecca Shoop, Deputy Linn County Auditor, convened the Iowa House District 37 recount board. Board members present: Jeff Elgin, Joe Stutler and Nick Gloe (appointed by Chief Judge David M. Remley by Order filed on November 21, 2008 @ 9:47 a.m.).

Shoop presented unofficial minutes of the recount board of November 19, 2008.

Motion by Elgin, seconded by Stutler to approve minutes of November 29, 2008 as printed.

VOTE: Elgin & Stutler – Aye Gloe – Abstain

The group discussed their availability for the recount with a start time of 9:30 a.m. on Monday, November 24, 2008 at the Elections Depot (823-3^rd St. SW).

Gloe stated that he is available as follows:

• Monday, Nov. 24 – 9:30 a.m. until they decide to stop
• Tuesday, Nov. 25 – all day
• Wednesday, Nov. 26 – all day
• Thursday, Nov. 27 – morning
• Friday, Nov. 28 – all day
• Saturday, Nov. 29 – all day
• Sunday, Nov. 30^th – all day

Stutler stated that Art Staed wanted them to get started today or even tomorrow. He added that the challenge is the 37,000 absentee ballots.

Elgin read the list of precincts that Staed asked to be recounted and referred to the Recount Guide. He handed out Election Summary Report printed from the Auditor’s website listing the total votes of State Rep. Dist 37. Elgin suggested that they first look at the tape printed from the memory card for each of those precincts and compare that to the number reflected on the Election Summary Report. This way they would know where that number came from and from that point, start with the precincts and go from there.

All three recount members agreed on this suggestion as Step 1.

Jeff Elgin then asked how did they plan to count the ballots.

Stutler stated that he would like to start with the Absentee Precinct, adding that it is the biggest pot. He added that as he observed the process on Monday and Tuesday (Nov. 3 & 4), during the absentee ballot count, there is potential for miscounted votes. Stutler stated that there were problems with machines kicking out ballots for one reason or another. He stated that there was potential for miscounting in that big pool of ballot. He also added that it takes awhile to feed ballots into the machine; therefore, he suggested that it would be faster to look at the ballots by hand.

Elgin stated that he could not fathom how the three of them could hand count that many ballots in the amount of time that they had.

Stutler stated that they would count one tote at a time with 1,000 ballots per tote. They could pull out a stack of 100 and as they look at a ballot, determine if it is HD 37 and separate.

 

Elgin stated that they would all three have to do that together.

Gloe asked – all 37,000?

 

Elgin stated that it took 15 min’s to feed 100 ballots into a machine when he observed the special precinct board on the Friday after the election. He stated that when they were kicked out, the reason was resolved at that point.

Stutler stated that they (the absentee board) had a machine that was having a 60% kick out rate for just write-ins. He stated that they knew they had machine issues. There were two groups of 16 and both groups had different approaches on how the ballots were handled. Stutler stated that this is the reason for doing a hand recount, because of the machines.

Elgin stated that he trusts the machines and noted that they are sensitive in terms of kicking out ballots. For the three of them to hand count the ballots, all three of them will have to all agree. Elgin stated that when they run out of time, does that mean they are done? He stated the he doesn’t agree that hand counting will be quicker than the machine.

Gloe asked if the Auditor’s staff could assist.

 

Elgin responded no.

Gloe stated that if it takes 15 minutes per 100 ballots, that’s 90 to 100 hrs. They can’t do it with the time constraint that they have. He asked the question – Don’t we have to rely on something to be correct?

Question for County Attorney

: IF THE RECOUNT BOARD DOES NOT MAKE THE DEADLINE, WHAT HAPPENS, WHAT’S THE CANDIDATES OPTION?

 

 

Stutler stated that the reason for the recount is that they feel there could be something wrong with the numbers.

Elgin responded that if they find something flawed with the machines, that could reflect on the whole election.

Stutler stated that Staed said that it’s a good idea to hand count, however, Stutler agreed that the logistics are daunting.

Elgin stated that they need to decide on machine count or hand count, there’s not enough time for both. He added that he has no problem with starting with the absentees.

Gloe stated that he understands the importance of all of this, but based on time, they need to make a decision on the priorities. He stated that he is trying to open it up for the two candidates to decide what is the most important thing and go from there. Gloe stated that if they can’t finish up the top priority, that leaves an indecision. If only half of the 37,000 absentee ballots are counted and they run out of time, what happens with the other half?

Stutler stated that Staed is looking at a recount of everything, if not everything, then there is still a question. He stated that not making the attempt is the same as a partial attempt. He’s not sure what the solution is.

Shoop stated that Auditor Miller has offered his staff’s assistance in segregating out the HD 37 ballots in the absentee precinct.

Stutler thought that would be something that would help them.

Elgin stated that it’s very clear that there are three people who make the decision. Even if they have assistance, all three of them have to look at the ballots.

Shoop stated that she would need to contact staff (at least two machine techs and two machines).

Question for County Attorney

:IF WE CAN NOT COMPLETE THE TASK AS REQUESTED BY THE CANDIDATE, WHAT HAPPENS AT THAT POINT? IS THERE A WAY THE RECOUNT BOARD CAN HAVE ASSISTANCE IN THE COUNTING?

 

 

Gloe stated again that they need to determine priorities.

Stutler stated that Staed wants to start with the absentee and early votes.

Gloe responded that it’s going to be flawed because they can’t get it accomplished.

Elgin stated that after they work on this for up to 8 hrs., folks start to get punchy and efficiency goes down. He stated that it’s unfortunate that Linn County’s districts are larger than other parts of Iowa, but they all have the same time constraints. He asked what they would be gaining by hand counting?

Gloe stated that when he agreed to be a part of this, he assumed they would only be looking at flawed ballots.

Elgin asked that once they compare tapes to the tally, do they run through the machine again? He suggested that they do samples because they can’t do them all.

Question: CAN THEY COMPARE AN ABSENTEE TAPE TO A PARTICULAR TOTE? Stutler stated that there are variances between machines. Example: On Tuesday, Nov. 4^th, during the absentee board count, they had a machine that didn’t take the ballot, but another machine did.

Elgin suggested that they take some precincts and run the ballots through the machine and then hand count. He also suggested that they open up all totes to make sure there isn’t anything wrong with them. Just look in the tote to see if there is any reason to say “is there a problem?”.

Gloe stated to Stutler that there is no way to get through it the way his candidate wants it. He stated they have to agree on a way to speed up the process, perhaps random checking. Gloe added that he thought that they could rely on the machines.

Elgin suggested that they select a couple precincts (or so), run the ballots through the machine and verify machine totals to totals reported. If they are satisfied with that, open the remaining tote’s, look at them and seal them back up.

Stutler stated that they could also take a tote of the absentees and run those ballots through a machine and hand count and match that up. Stutler stated that they can’t do all 37,000, maybe a couple thousand, that may be satisfactory.

 

 

The recount board agreed on the following steps:

Step 1

– Compare the tapes for all HD 37 precincts to numbers reported.

Step 2

- Start with a couple small precincts, run ballots through machine and verify with election night tape and then hand count. Do a total of 4. Hand count as we feed? Yes, try it (might take 12 hrs). They will try to do 3 precincts on Monday. If satisfied, then open all totes and look at them Tuesday morning. Then precincts will be done.

Step 3

– Start on Absentees (Tuesday afternoon?). They will use the same procedures that they do for counting the precincts. Compare hand count to machine count. At what point do they stop? Open all Absentee totes to take look see as did for all other pcts.

 

Gloe asked if it will be an issue as to which precincts will be sampled? Elgin and Stutler said no.

Stutler stated that the absentees are the biggest pool of ballots with the biggest possibility of problems.

Elgin stated that they will go back to their candidates and tell them what they agreed on today.

Stutler will provide a list of precincts to count prior to 9:30 on Monday.

Adjournment 11:25 a.m.

Respectfully submitted, 

Rebecca Shoop, Deputy Aditor

Tags: Auditor, Elgin, Gloe, recount, Remley, Schulte, Staed, Stutler