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Board delays vote on ES&S voting-system extension after legal, accessibility concerns
Summary
The San Francisco Board of Supervisors voted to continue consideration of a proposed 17-month extension to the city's contract with Election Systems & Software (ES&S) for one week, citing legal memos and accessibility and certification concerns raised by supervisors and disability advocates.
The San Francisco Board of Supervisors voted on April 10 to continue for one week an item that would extend the city's contract with Election Systems & Software (ES&S) for the current voting system, with a planned closed session to review legal advice.
Supervisor Mark Ellsburn, who moved the continuance, said the action was necessary because of legal issues flagged by the city attorney and other stakeholders. "I have a number of concerns about this contract," Ellsburn said, and asked colleagues to delay the vote so the full board could receive legal counsel in closed session. The motion to continue was seconded by Supervisor Alioto Pier. The motion passed on a roll call recorded as nine ayes and two noes; the board continued the item to the next meeting and directed staff to schedule a closed session to review the city attorney's concerns.
Why it matters: Supervisors flagged three types of risk if the ES&S extension moved forward without additional review: (1) legal risk flagged in a city-attorney memo, (2) accessibility for voters with disabilities and for non-English voters, and (3) financial and operational exposure if ES&S failed to obtain state certification and the city were required to conduct a manual recount.
Discussion and evidence: Ellsburn and other supervisors cited a memo from the city attorney recommending a closed-session review. Deputy City Attorney Adams told the board a cautionary memo had been issued to supervisors noting issues that would be better discussed in closed session. Ellsburn said the March 5 city-attorney letter raised "grave concerns" and urged the full board to receive legal advice before deciding.
Supervisor Alioto Pier and others urged colleagues not to delay without cause; they pointed out the Department of Elections director had told the board a one-week continuance "won't make much of a difference" to operations and that ES&S was proceeding with efforts to prepare the system for review by the secretary of state's office. The department representative said a one-week delay would not prevent ES&S from moving forward with its state review.
Accessibility and certification concerns were raised publicly and in committee. Ellsburn said representatives of the disabled-veterans community reported the ES&S machines did not provide adequate access and had limited capacity for ballots in other languages. He also warned of a possible cost to the city of roughly a million dollars and a weeks-long delay if ES&S failed state certification and the city had to hand-count ballots.
Action taken: The board approved the motion to continue consideration of the ES&S contract extension for one week and to place a closed-session item on the next agenda to receive legal advice. The roll-call vote recorded nine ayes and two noes; supervisors recorded as voting no in the roll call were Supervisor Ammiano and Supervisor Daley. The item will return to the board with legal counsel present.
What the action does not do: The board did not approve or reject the contract extension on April 10; it only continued the item and ordered a closed-session briefing. No contract amendment or procurement award was finalized at this meeting.
Ending: The continuance gives the board one week to review the city attorney's written concerns and hear closed-session legal advice before proceeding with a formal vote on the ES&S extension.
