Paper Ballot Option an Unofficial Secret

Santa Clara County poll worker Ed Cherlin thought his job was to help voters, which is why he was so offended when he was ordered not to tell people coming to the polls that they could have traditional paper ballots if they didn’t trust computerized voting machines.

“I object to having the government tell me I’m not allowed to tell people about their rights,” said the Cupertino resident. “It’s obviously unconstitutional and nonsensical.”

Like Cherlin, poll workers throughout Orange, Riverside and San Bernardino counties also plan to keep mum about the paper option and hand out such ballots only if voters ask for them. Critics of computerized voting machines say it shows how reluctant counties are to adhere to a state policy requiring all polling places with computerized voting booths to give voters the option of casting paper ballots.

“This certainly is not good enough,” said Matt Zimmerman, staff attorney for the Electronic Frontier Foundation in San Francisco, a watchdog organization for electronic voting. “It seems awfully passive-aggressive for the local election officials to be behaving like this. It seems like they’re dragging their feet ... and trying to do everything they can do to minimize the number of people asking” for paper ballots.

Zimmerman’s group is one of several that are urging voters to avoid electronic voting machines, which they consider unreliable, and cast paper ballots.

Election officials say they are meeting the requirements of the law and take umbrage to the critics, saying they are needlessly creating fear.

“We have a good voting system that voters can have confidence in, and any action that detracts from that and causes doubt in people’s minds is a threat to democracy,” said Steve Trout, assistant registrar of voters in San Bernardino County.

The paper ballots stem from a directive issued by California Secretary of State Kevin Shelley. Citing security concerns and snafus in the March primary election, Shelley barred the use of computer voting machines. But he said 10 counties could regain permission to use them if they met a number of requirements, including offering voters a paper alternative.

“Every county must provide every voter with the option of voting on paper,” said Tony Miller, special counsel to the secretary of state. “And we certainly expect all counties to do that.”

Miller said his office was investigating allegations that poll workers were being ordered not to tell voters about their paper option.

Barbara Simons, a poll inspector from Palo Alto, says, as Cherlin does, that she was told during a Santa Clara County poll worker training session not to tell voters of the paper option.

“It’s a gag rule. It’s outrageous,” the retired IBM worker said. “I’m shocked that the county would require election volunteers working at the polls to withhold information from voters.”

Calls to the Santa Clara County registrar of voters office were not returned Friday.

There have been no known reports of poll workers being ordered not to disclose the paper option in Southern California, but election officials in the three Southland counties where e-voting is used -- Riverside, San Bernardino and Orange -- said it was up to voters to be informed about their options.

“How we train our poll workers is that people who come into the polls are assumed to be there to vote electronically, and if they would like to vote [with paper ballots], they are required to ask,” said Barbara Dunmore, Riverside County’s registrar.

Bret Rowley, spokesman for the Orange County registrar, agreed.

“They’re there if people ask for them,” he said. “It’s their choice. They need to ask for paper if they want it, or vote on the electronic system.”

E-voting critics say these counties are meeting the letter of Shelley’s mandate but not the spirit.

“When voters show up at a polling place, they should be given the option of voting either by paper ballot or touch screen,” said Kim Alexander, president of the California Voter Foundation, which advocates voting safeguards. “I can understand why counties would want to limit the burden on poll workers. There could just simply be a sign on the polling place saying you have a right to cast a paper ballot.”