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Commissioners consider tightening letters and code tweaks after ballots rejected for being voted by others
Summary
Under unfinished business commissioners discussed sending warning letters to voters whose ballots were rejected because someone else voted them and asked staff to consider adding clearer language to reject letters and reviewing Title 28 next year.
During the unfinished business portion of the meeting, a participant asked the commission to send letters notifying registered voters when their ballot was rejected because someone else signed or voted it, saying a letter would be preferable to pursuing legal action in many household cases.
Staff and counsel explained current practice and legal limits. The commission noted that AMC 28.85.010.G requires the commission to notify voters whose ballots are rejected and that the existing reject letter explains the reason for rejection. Municipal Attorney Eva Gardner cautioned that the reject letter is sent to the registered voter whose ballot was rejected and therefore may not reach the person who actually cast the ballot: “This letter goes to the voter who did not vote their own ballot,” she said, adding that identifying and reaching the individual who cast the ballot may require an investigation.
The municipal clerk offered to add an additional sentence or paragraph to the reject letter to make the consequence clearer, and several commissioners expressed support for that approach rather than immediate legal referral. Commissioner Courtney said he favored sending letters to the registered voter and not initiating legal procedures in household cases that did not appear to be organized fraud. Chair Katie Dylan and other commissioners suggested reviewing Title 28 election code over the coming year to consider possible tightening of requirements and letter language.
No formal motion to change the letter text or pursue an investigation was made during the meeting; commissioners agreed the clerk could prepare a memorandum for the assembly summarizing the recount and related procedural suggestions for code review.
