November 8, 2022 - Poll Observation Report, Asian Law Caucus

Poll Observation Report
Asian Americans Advancing Justice, Asian Law Caucus

Marin County - November 2022 General Election

During the November 8, 2022 Primary Election, Asian Americans Advancing Justice - Asian Law Caucus (ALC) sent volunteer poll monitors to 10 vote centers across Marin County. Prior to their participation, poll monitors attended a 90-minute virtual training. They were asked to observe voting locations for compliance with language access laws (under both Section 203 of the federal Voting Rights Act and Section 14201 of the California Elections Code), accessibility, and overall voting conditions.

This report is a summary of our observations. Overall, our volunteers found that election officials, election staff, and poll workers in Marin County served voters effectively. The findings and recommendations below are offered in the spirit of collaboration and pursuit of a shared vision: that all eligible voters in California are able to easily, confidently, and freely cast their ballots.

Background & Methodology

ALC was founded in 1972 as the nation’s first legal and civil rights organization serving low-income, immigrant, and underserved Asian American and Pacific Islander communities. Our nonprofit organization brings together legal services, community empowerment, and policy advocacy to promote immigrant justice, economic security, and a stronger democracy. We are based in the Bay Area and work closely with low-income and immigrant communities across Northern and Central California. ALC began poll monitoring in the early 1990s, and since 2012 our program has grown to become Northern California’s largest nonpartisan election observation program.

Our November 2022 poll monitoring program evaluated 16 counties in Northern and Central California, including Alameda, Contra Costa, Fresno, Marin, Merced, Monterey, Napa, Placer, Sacramento, San Francisco, San Joaquin, San Mateo, Solano, Sonoma, Stanislaus, and Yolo Counties. These jurisdictions were chosen because of their large and diverse voting populations as well as their federal and state-mandated language obligations. We also placed special emphasis on counties that have recently transitioned to the Voter’s Choice Act (VCA) model of election administration.

ALC poll monitors conducted observations at a total of 442 voting locations across the region, or approximately 29% of the roughly 1,500 voting sites open in these 16 counties during the November 2022 general election. We selected individual locations to visit based on factors such as site-specific language requirements, proximity to immigrant and limited English speaking (LEP) communities, and anticipated usage among lower-propensity voters and voters with disabilities. For example, the voting locations we visited included many intercultural community centers, houses of worship, mobile home parks, senior living communities, and veterans associations.

Prior to serving as poll monitors, ALC volunteers were required to attend a 90-minute virtual training. The training covered language and disability access requirements, as well as poll monitor rights and responsibilities under California law. Volunteers were asked to observe voting locations for compliance with language access laws (under both Section 203 of the federal Voting Rights Act and Sections 12303 and 14201 of the California Elections Code), physical accessibility, and overall voting conditions. We instructed poll monitors to identify themselves as nonpartisan observers with ALC, respect all requests from poll workers and county election officials, and not disrupt the voting process in any way.

In Marin County, ALC observers visited 10 vote centers. These visits took place on Saturday, November 5 and Tuesday, November 8 (Election Day), and they typically lasted 30-40 minutes each. The Appendix lists all of the voting locations that ALC visited in the county, as well as the date/time of each visit. Poll monitors were asked to complete a detailed questionnaire about each voting location. ALC also ran a helpline for volunteers to report any major issues they witnessed in real time. If serious problems emerged, we immediately escalated those to county election departments so they could be resolved as promptly as possible. Occasionally, with the election department’s permission, our volunteers also helped poll workers identify and remediate certain issues during early voting or on Election Day. For example, thanks to live feedback from ALC volunteers, poll workers in several counties improved informational and directional signage and made translated ballots more visible to voters.

After all poll monitors submitted their questionnaires, ALC spent several months analyzing their feedback and identifying strengths as well as areas for further improvement. We hope this report, along with our long-term engagement with your office, will help Marin County fulfill its goal of administering fair and accessible elections.

Facsimile Ballots & Associated Signage

Under Section 14201 of the California Elections Code, Marin County is required to post facsimile ballots in Chinese, Spanish, and Vietnamese in a conspicuous location within the poll site and make at least one available for voters to use as a reference in the voting booth. The county is also required to post multilingual signage near the roster informing voters that facsimile ballots are available.

Facsimile ballots in Chinese, Spanish, and Vietnamese were consistently available for voters to use. Our poll monitors found them conspicuously displayed and usually laid out on tables by the entrance of each vote center. Multilingual signage about facsimile ballots was also visible at all 10 vote centers visited.

Bilingual Poll Worker Presence, Identifying Accessories, and Signage

Both Section 203 of the federal Voting Rights Act and California Elections Code Section 12303 contain bilingual language requirements. Our volunteers identified bilingual poll workers at 5 out of 10 vote centers, including a couple speakers each for Spanish, Chinese, and Vietnamese. We appreciate the county’s good faith efforts to recruit a diverse cohort of election workers. If any of these covered languages are particularly challenging to recruit for, ALC would be glad to help the elections department connect with local Asian American community organizations in future election cycles.

In all but one case, bilingual poll workers were observed wearing name badges/stickers to indicate the languages they spoke. One vote center (Homestead Community Center) did not appear to post general signage about in-person language assistance being available.

Accessibility

Our survey questions on accessibility were developed in partnership with Disability Rights California (DRC). Under the ADA and other federal and state laws, voting facilities must meet certain standards for accessible design. Those standards include (but are not limited to) providing accessible parking, ensuring sufficient clearance in doorways and pathways, having accessible voting systems where individuals can vote in privacy, and supplying auxiliary aids like magnifying glasses and signature guides.

Our volunteers found that vote centers were generally well configured for voters with disabilities, but they also flagged a couple areas for improvement:

• One lead poll worker expressed a desire for more training on how to operate the accessible voting machines.
• In addition, two vote centers (First Presbyterian Church in San Rafael and Redwoods Presbyterian Church in Larkspur) did not appear to have magnifying glasses on hand, and none of Marin County’s vote centers were supplied with signature guides. Disability rights advocacy groups recommend supplying signature guides if voters ever need to leave a physical signature, such as on an envelope or check-in roster.

Other Issues or Observations

Finally, we asked our poll monitors to note any general feedback or observations.

• Poll workers: Our volunteers described poll workers in Marin County as being very pleasant, knowledgeable, and attentive.
• Curbside voting: At the First Presbyterian Church vote center, it was reported that the curbside voting button and signage had been “run over” on Election Day morning and needed replacing.

Appendix: List of Locations Visited