[Female Judge 2] (inaudible)
[David] I think so. (inaudible)
Note: The phrase "cheat sheet" is written on the document he was reading from.
[David] The county*.
[FJ1] Why aren't they (inaudible)
[David] (inaudible)
[FJ1] Yea, why? Because I always (inaudible)
[Male Judge 2] (inaudible) supposed to challenge that (inaudible) of (inaudible) two thirds (inaudible) election judge, including a Federal Judge, and this is part of that process. To keep us from making that decision.
[David] The thing about this (inaudible) the actual (inaudible) Help America Vote Act. The legislation past in 2001.
[FJ1] (inaudible)
[MJ2] (inaudible) to the voter, and not to the process.
[David] Correct, exactly. And we're going to cover portions of that.
* County refers to the Elections Division of the Travis County Clerk's Office.
[MJ3] Can we ask them about their, to verify their birthday, or their addresss?
[David] You have to accept the documents that they give you.
[MJ3] I mean, will we have to ask them about their address (inaudible) their IDs (inaudible) or whatever.
[David] We're coming up on this.
I've got a call in right now, I couldn't get a clear read on it. What kind of ID the suspense voter has to provide that shows the new address.
[MJ1] Can we go back to that? Uh, the voter registration form, they do not indicate that. (inaudible) form where you fill out the change of address, is a sworn form, so that would be acceptable.
[David] That would be acceptable, correct
[MJ1] Yeah
[David] It's less that, then it is, uh (inaudible) it's less that, sir, than someone who just walks in and shows you a, uh, a change of address (inaudible) or something like that. "I don't live here any more, I live here, but I want to vote for (inaudible)"
(inaudible) (between David and Male Judge #1)
[MJ1] Statement of Residence?
[FJ1] Statement of Residence, you have to call.
[David] Good, that's great.
[FJ1] in other words, (inaudible), I've got the understanding that that was a requirement.
[MJ1] Well see that's one of those, people call 'em, uh, the fail safe voters. In otherwords you've got to take a paper ballot, and anything on a paper ballot, and (inaudible) and it has to be voted on paper. You can't vote electronically.
[David] I'm sensing that this, I think there is a disconnect between the county (inaudible) the county (inaudible) is a lot closer (inaudible) parties (inaudible) and we might as well skip this media crap, and that is (inaudible)...
[MJ2] Yea, i know what you mean
[David] Now I understand, some of your
[MJ2] Well, that would be a obvious situation. So who should we call if that (inaudible) to come down and straighten things out.
[David] Call the county, first.
[MJ2] Just call the county, all right.
[David] Call the county, first. (inaudible) if you don't get action from the county, call the Republican Party of Texas and ask for legal assistance. But call the county first.
[David] What they did in 2004, they took the provisional voters, they took the poll watchers, (inaudible) (inaudible) (inaudible) verbally disruptive voters to gain (inaudible) and distract the election judge. We had a couple instances of that.
[Male Judge 4] Excuse me. And when you ask for voter ID, they don't have to have a photograph?
[David] No. That's it
[Male Judge 4] Well that would be my question. Well, how do I know this guy that says I'm so and so.
[David] That's it. They hand you a utility bill that says John Doe on it, and you've got to accept it.
[MJ2] That's why democrats don't want anybody else but true (inaudible)...
[MJ4] And I don't know whether it's John Doe, Joe Blow, or...
[David] ... (inaudible) I don't understand why they don't (inaudible) I'm all for photo ID (inaudible)...
[MJ2] ...so, I mean, we're, we're not allowed to ask them about their address or mistakenly read the address from the line below.
[David] You can look at it, and you can question them a little bit. But you can't question them too much. The best thing that I would suggest is to call the county. If you have any kind of questions, call the county and ask them. (inaudible) if those (inaudible) we'll be watching. A lot of that...
[David] And anytime you have any kind of question, call the county and let them (inaudible) resolve (inaudible). Even if the vote gets through, at least they'll know, our eyes are on them.
[David] You know what? (writing notes on to clipboard) May I take a check (inaudible) a little (inaudible)
[MJ1] Check on that
[Mike] Yea, that's a good one, too.
[MJ2] usually originals have some color. Of course you got color photocopiers, but ah, originals look original.
[David] (inaudible)...that's a good question.
[MJ2] ...probably all slick...
[MJ4] ...(inaudible)...
[David] I've have some folks who have, yes.
[MJ1] I was East.
[David] Yes sir.
(inaudible) conversation between MJ2 and MJ4
[David] Yes.
[MJ4] And they've moved me from the boxes that I wanted to work at. It's mostly my neighborhoods. And there's about three or four of those boxes, that I pretty well know at least half of the voters that go there. But before I started working those boxes, when I went to vote. I saw some real, uh, outlandish (inaudible) and I worked in a box where the election judge would say "Oh you do this right here. C'mon and vote right here."
[MJ4] Well I hate, that's not the real problem. One time I'm, uh, I'm working and I, I went outside to check on some people and I come back in, and there's a voter, uh, basically he's arguing with the other judge that was there from the Democratic party. But he was working the Republican case(>), and he was saying, "If you don't have ID, well that's all right. I know you. I've known you for a long time. I've worked here, I've worked this box for years." And I walked in and I said, finally, "Well you don't have no ID." And he said, he forced me to let him vote. He told me, "let him vote, I know him." And I said, "I know him also, but he hasn't got any type of ID with him."
[Mike] (Direct to MJ4, covering up David's talk.) That got fixed with HAVA, though. That got fixed with HAVA, because the election judges used to be able to pencil in that they know somebody. You know, they recognize them (inaudible) it's...
[David] ...actually, I've seen it, I've heard of it happening. It happened in 2004 and...
[Mike] ....wow. Yea, it's not supposed to...
[David] ...it's not supposed to, yea, I know, but you know. If there's nobody there to watch them... (inaudible)
[David] No, no.
[FJ1] But she... But I was left with the impression, that "That's okay."
[FJ1] Well that's what I thought. I didn't think there was any call to (inaudible) but you're checking in the ... did you ever hear of that, in the front row. Did you get that impression?
[MJ1] No. I didn't get that.
(inaudible)
[FJ1] (inaudible) ...I know, I know.
[FJ2] ...it has to be asked for.
[FJ1] ...but this was really, really... wierd.
[David] I'll research that for you and get you specifics on how that can be handled.
[Mike] ... No, no...
[David] ...I'd say, I understood that. That doesn't mean (inaudible) ... (inaudible) back to the pages here that tell you what a poll watcher can and can't do.
[MJ1] Well I wear hearing aides so... (inaudible)
[David] ... No, you are absolutely right. Poll watchers are not allowed to converse with (inaudible) uh, I'll have to add photographic ID. We already covered.
[David] I'll see what I can do
[FJ2] Northcross mall.
[David] Northcross mall.
[FJ2] Yes sir.
[David] Well what I'll do is Monday, I'll go check that out. And with that situation I'll deal with Kim Dylan(?). That's her responsibility at county. It's (inaudible) polling (inaudible) so I'll put a call in to her and let her know about it. To take care of it
[FJ1] ...(inaudible) and it happened to the wrong person. But, the person that was coming in, happened to be, a guy who goes around in a van, a trouble shooter. And they stopped him and were handing out pamphlets. He was trying to get in to our precinct. And he came in, roaring mad. So...
[David] And I did see some campaign workers doing this. Something very close to that. They were uh, I actually called them to task for, they were within the 100 foot. They were working for (inaudible) Sarah Eckhart. They were real loud and, uh, "WHO ARE YOU GOING TO VOTE FOR?" to people who were trying to walk in. (inaudible) well, it's marginal. Beyond one hundred feet, (inaudible) I would suggest, if you witness there, call the Sheriff. Call him in. And at least, (inaudible)
[FJ1] ...standing in front of the cars, beyond a hundred feet. They can't do that either I think, can they?
[David] They can, stopping the cars. It's crazy, but you got people crazy enough to do it. Yea, if you see it, call us. Don't be reluctant to call the authorities. I mean, that's their job. And the more that we do that, the less the other side is going to be... willing and able to (inaudible)...
[David] In 2004 election, the Democrats had thousands of public, thousand human, what was it. A thousand human billboards. They tried to put a thousand people on the streets with Kerry signs. And... (inaudible) ... I'm not sure that they (inaudible) as individuals, but I know that they were awfully disruptive. Just keep an eye on them.
[MJ3] But, you know you've got having done out there with a Republican sign, you've got people that complain about anything. And so, you don't necessarily have to take the word of a voter saying "they're harassing me" because, it may not be.
[David] But y'all are reasonable people, I'm sure. (inaudible) if you get two or three complaints, you've got a problem (inaudible)
[MJ4] Is there a reason that, uh, the call center will change (inaudible) will tell somebody else (inaudible) will be that, in that particular area, that he's a Democrat or he's a Republican. My situation is right now that when I was asking for a particular area that I would like to work for this election. They said, "well, all those are already fill." I said, well that's all right. I'll work anywhere, I've worked all over town, I've worked the mobile units for about five or six years. And I've worked with judges all over town. And I've never had any questions about whether I'm a Democrat, or whatever. And this year, they offered me, go and (inaudible) a precinct that was over there. I said, okay, I'll take it, and I'll take the crew that has worked with me before. The alternates, and some of the clerks. they called me and said "Well you can't be a judge in that" They called me later, after I'd been assigned and they said, uh, I told the crew where we were going to work and they said, "You can't be the judge there, you can be the alternate." And I said, "well who's going to be the judge?" "We'll make your alternate be the judge and you can be the alternate." Well, okay. We've worked together before. And I (inaudible) asked them the reason for the change, and they said, "that is a very heavily Democrat box".
[David] ...when the elections laws were (inaudible) if the precinct voted predominantly Democrat in the last gubernatorial, in the governor's election, then the election judge is a Democrat. If they voted mostly Republican, than that's who'll the judges will be. (inaudible) Then the alternate has to be from the other party. That, that's probably the reason why they're doing that.
[MJ4] If that's the (inaudible), the alternate, well he's also a Republican. I said "What's the difference between you or I?"
[David] So I don't know if it's like in the past where Dana [Debouvoir] was paying off the party faithful, by giving them jobs. Or whether it's just a matter of ... failing to fill every precinct with election workers, or not. I'm not sure which it is. What I can do, if you have a question about somebody's party status, give me a call, give me the name. I've got a database I can check into that will show me how they voted in the primaries.
[MJ4] (inaudible) I know what my duties are. Most of the people that I have worked with that are in conversations outside of the working area (inaudible) I'm a Republican. We might discuss the issues, outside the between us. But when we work together, we remain friends. Even people that I've never met before, that I end up working with them. And they have asked me, they said, "Well why are you (inaudible)" It's my choice.
[David] Okay. Poll watchers. What they can and can't do. I saw candidates for Libertarian fundraising statement (inaudible) (my written notes that he stated Libs were going to have a lot of poll watchers) (inaudible) (inaudible) that the Democrats, they're going to use a lot of poll watchers. Sometimes for (inaudible) federal (inaudible) but I wanted y'all to have a little bit more information on what poll watchers are and what they can and cannot do.
[David] You can ask a poll watcher for his or her signature. And you can compare that with their signature on the application and on the affidavit. If they're using somebody else's, the two might not look the same. And it cites where in the election code you are authorized to do that. If you're suspicious, ask for proof that the voter regisration [number] on the application is correct. Ask the, make sure that, they have to be a registered voter and that number has got, that registratio number must be on the application. And you can ask 'em, ask for ID. And if you're suspicious about it, call the county and verify.
[MJ1] How do you talk to them about their yellow voter registration card? To compare with what is on their form
[MJ2] Just ask em.
[David] They don't have to present that. They do have to have the number on the application. And you can try to verify that.
[MJ1] I've not had a poll watcher for sixteen years, that's why I'm asking.
[David] You got one. Bingo. That's it.
[MJ2] Must be... registered to vote in the precinct.
[David] In Travis County, don't have to be registed to vote in the precinct. Must be registed in (inaudible).
[David] Okay, now here. This is a good one. Number five. An Election Judge can refuse to admit a Poll Watcher, but you must provide written justication for that refusal. Incorrectly filled out paperwork, false credentials disruptive behavior does constitute justification. (inaudible) why you must do this.
[MJ1] And who's supposed to (inaudible) for that?
[David] You write it on the affidavit.
[Mike] You can use those affidavits for any irregularities that may come up.
[David] All right not, this one, this one I checked with the RTP on this. This is at your discretion. If you want to allow a pollwatcher to retain a cell phone, that's fine. You can do that. But it can't be, one like mine, with the (inaudible) (indicates built in camera) (inaudible) so check their camera. You can let them keep it, just check and make sure it's one that doesn't take a, uh, image.
[FJ1?] What do you think about a judge bringing in ...
[David] Doesn't matter. Actually, by law, nobody can take anything in there that can record images or sound.
[MJ2] I've got a cell phone that's registered to the precinct. It's a camera phone. And so, do I need to, probably tell them that (inaudible).
[David] ... technically it's a violation. Yea? 33.051 paragraph C. It's a no no. (inaudible)
[David] Now written notes. Poll watchers can take notes. Written notes may not me removed from the polling station while the polls are open. If you've got one in there, taking notes, they can't take those notes with them when they leave. Those notes have to remain until the polls are closed. The poll watcher can give it to somebody of his or her choosing. What I've also seen them do is put it in an envelope, seal the envelope, and leave it with the election judge. The reason for that is, a poll watcher is not allowed, Lance, believe it or not, a poll watcher is not allowed (inaudible) names may be written down. They can write down the names of people who came in to vote. They can't leave, the notes can not leave until after the polls close.
[David] And the last thing, keep that certificate. That's your.. that's your... I've sent poll watchers out and they came back with their certificates.
[MJ2] I've never had a poll watcher. They have to give us (inaudible)
[David] (inaudible) the application has two documents. A poll watcher, an application and an affidavit. (inaudible) both on the same sheet of paper. After it's done, that's your record of who was there, and uh... I would even suggest that you record the time of arrival on that. And the time of departure.
[FJ1] (inaudible) poll watcher (inaudible) (inaudible)
[David] (inaudible) strictly (inaudible). Uhm, you would ask. A particular candidate may send two poll watchers that day. They can only send (inaudible) (inaudible) (inaudible) (inaudible)
[FJ1] (inaudible) (inaudible)
[David] (inaudible) once again
[FJ1] ...(inaudible) two at a time (inaudible)
[MJ3] Two per candidate?
[FJ1] ...(inaudible) but they can only have a total of seven.
[David] They can inspect any records, that you're keeping. They can receive, demand and receive and English translation of any non-English communication between a voter and a (inaudible) election official. I always thought that was kind of funny, cause if you're doing something illegal, you're not going to write it down.
[Staff] Do they push one for English or two for Spsnish?
[David](puzzled look)
[Staff] I was just curious.
[David] Accompanying the election officials in delivering the election results. Again, I've never heard of this happening, but they can follow in a (inaudible) (inaudible) if they want to see you take the computer back (inaudible) (inaudible) to a collection point or to a (inaudible) county office (inaudible) they can do that. And of course, they can bring to an election official's attention any perceivable voting irregularities.
[David] And the last one? You must not reveal the following information before the polls close. How an individual voted, or the names of people who voted or did not vote. Those are part of the (inaudible) and nothing else.(inaudible) (inaudible)
[David] I wanted to include it. I did have one question, this one right here, it asks for valid ID, from the last class, it would have been better phrased as "proper ID."
[David] Now, I've got you all's emails. What I'll be sending you, via email, is a copy of about a 30 page pamphlet from the Secretary of State (inaudible) includes for election officials and workers. I'll send you copy of that. If you want, I'll send you another copy of this. I'm also going to send you an entire copy of chapter thirty-three of the election code on pollwatchers. I'll send you that too. You can print it out, or delete it, whatever you want. (inaudible) available.
[David] And that's about it folks. ... five minutes though... (inaudible) (inaudible) (inaudible) (inaudible) (inaudible) (inaudible) (inaudible)
[David] Thank you, that's an excellent point. I haven't brought that one (inaudible)
[David] Okay
[MJ2] ... and all that. Especially if you get, I don't know. I haven't run into any, blocks of nursing home people coming in with a bus driver. Or the bus driver (inaudible) assisting. But thats and example where, uhm (inaudible)...
(*STS - Special Transit Services, part of Capital Metro)
[FJ1] Really? I thought basically anything would
[David] No. If it's partisan, because, if you're going to allow something like that, Then how can you not allow something like that? (Indicating a shirt)
[FJ1] Right... yes...
[MJ3] So.. we can't have a traditional Democratic sheet with all of the (inaudible)
[David] That's correct, they're not supposed to bring that in to the ballot (inaudible)
[FJ1] (inaudible)
[David] (inaudible) officials (inaudible)... yes yes, they can do that. But if it's printed material, it's considered campaign material.
[FJ1] Hmmm
[David] I can, uh, I'll get you that if you want. I'll do that. Yes? I'll get the election law code on it.
[David] ...(inaudible) alright, will do (inaudible) I'll find it, I'll find it, I'll copy it. (inaudible) And I'll put it in your (inaudible)...
[MJ2] (inaudible) they probably won't leave it there, in that respect.
[MJ2] ahh, they're supposed to (inaudible)...
(inaudible) (inaudible) (inaudible) both candidates on it (inaudible) (inaudible) (inaudible)
[David] (inaudible) if it's marked, I'm not even sure about the mark. If it contains only one side, all Democrats, all Libertarians, all Republicans, that's a no-no because that constitutes campaign materials. But if it has both sides, and I'm not sure about the mark thing
[MJ3] (inaudible) photocopies. (inaudible) marked and vote photocopies?
[David] Well, one of these (holding up yellow sample bedsheet ballot) (inaudible) well, good question. If it's marked in advance. (inaudible)
[MJ4] (inaudible) looked over it at home (inaudible)
(inaudible) (inaudible) (inaudible)
[MJ4] (to Mike) (inaudible) voters guide (inaudible) he marked it outside because he can't remember (inaudible) what he'll actually vote on. What about, one of those? He marks it before he goes in?
[Mike] I'll leave that, I'll leave that to him (indicating David), but one of the things I do is, just check, when the booths are empty, just make a pass and make sure that nobody left anything (inaudible)
[MJ4] ...(inaudible) voter (inaudible) he walkes in with his, he's trying to remember, he read all the ammendments and he (inaudible) the ballot. I think (inaudible) he looks at it (inaudible)
[Mike] yeah, I think
[MJ4] (inaudible) but he's got to take it back out, he...
[Mike] yeah, that's the important part.
(inaudible) (inaudible) (inaudible)
[FJ1] (inaudible) now I've been in this situation. I've got a poll watcher that is (inaudible)
[David] Well, he can get in trouble, he would call it to your attention. At which time you would have to (inaudible) process (inaudible) voters assistance (inaudible) ...
(inaudible) (inaudible) (inaudible)
[MJ2] ...(inaudible) you can't force them (inaudible) if it's a person needing assistance (inaudible) visiting together (inaudible)...
[FJ1] Or get the party's attention if there's a poll watcher there, then, be on your toes.
[MJ2] Yea
[FJ1] If not, then, I mean, I just, because ah, you know (inaudible) ...I know of one couple, a man and women, the man get's up there and he doesn't (inaudible) nothing he could possibly do. The woman votes lickety split. He's still there, dickering, so she just did his (inaudible)
[MJ1] The newest Travis County book, is more detailed than any I've seen in the past (inaudible)
[David] Good. I haven't seen it. Travis County or Secretary of State? Is it green? A green book?
[MJ1] (inaudible) a green book, no (looking around at his material) (inaudible)
[Mike] (Holding up Travis County Election Judge's Handbook) This one? Yeah.
[David] I've got to get me one of those... I did't know that...
(inaudible) (inaudible) (inaudible) (discussion of 30 precincts with laptops and additional training that MJ1 says she did't know about. Not transcribed due to time limitations.) (inaudible) (inaudible) (inaudible)