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As mail-in ballots begin to arrive for voters across California for the March 5 presidential primary, election officials in both Yuba and Sutter counties shared with the Appeal the safeguards and processes in place to ensure our democratic system remains intact.

Allegations of widespread voter fraud and unfounded conspiracy theories have plagued the U.S. electoral process in recent years thanks to rhetoric from prominent politicians and media personalities seeking to take advantage of a skeptical public. False claims of interference have caused some to lose faith with the entire system of checks and balances put in place.

Some major media outlets have pushed these conspiracy theories and have had to pay the price. In 2021, Dominion Voting Systems filed a lawsuit against Fox News Network alleging that several shows on the cable news network had aired false statements that Dominions voting machines were rigged to change the results of the 2020 presidential election.

In March of 2023, Delaware Superior Court Judge Eric M. Davis ruled that the disputed statements Fox News made about Dominion were not true and subsequently ordered a trial to determine if Fox News acted with malice. Weeks later, Fox News agreed to pay Dominion Voting Systems nearly $800 million to avert a trial, the Associated Press reported. Dominion had sued Fox for $1.6 billion.

Dominion set out to prove in the lawsuit that Fox acted with malice in airing allegations that it knew to be false, or with reckless disregard for the truth. It presented volumes of internal emails and text messages that showed Fox executives and personalities saying they knew the accusations were untrue, even as the falsehoods were aired on programs hosted by Maria Bartiromo, Lou Dobbs and Jeannine Pirro, the Associated Press reported. Records released as part of the lawsuit showed that Fox aired the claims in part to win back viewers who were fleeing the network after it correctly called hotly contested Arizona for Democrat Joe Biden on election night. One Fox Corp. vice president called them MIND BLOWINGLY NUTS.

While the Yuba-Sutter area hasnt seen quite the uprising of election denial that has been on display in other parts of the country, there are some who still doubt the process. The Appeal reached out to both Sutter County Clerk-Recorder Donna Johnston and Yuba County Clerk-Recorder Donna Hillegass to get answers on just what the election process entails and how it is safeguarded from widespread fraud or interference.

Preventing voters from casting multiple ballots

The entire voting process, especially in California, is filled with checks and balances and this is no different when submitting a vote by way of a mail-in ballot.

Each voter has a verified record in the statewide voter registration database, Hillegass said of the mail-in process. When a voter returns a vote-by-mail ballot, elections staff verify that the signature on the envelope matches the voters record and that the voter has not already submitted a ballot to be counted. Once a ballot is accepted for counting, the registration system marks their record in such a way that no additional ballot will be accepted for counting from that voter.

A similar process also is in place at the polls for in-person voting.

On Election Day the electronic poll books have near real-time voter registration data, Hillegass said. When a voter checks in with the poll worker, before being issued a ballot, the poll worker can verify that the individual is properly registered and that they have not already submitted a ballot to be counted. Voters will only be issued a ballot after their eligibility to vote has been verified.

Johnston shared that similar measures are in place in Sutter County.

We have safeguards in place to prevent a person voting more than once in an election. In our election management system, when a ballot is issued to a voter, it is noted in our system, Johnston said. When the voter returns their ballot, it is updated in our system. If the voter attempts to vote (with) a second ballot, it would be stopped by the system. For example, if a voter mailed in their ballot, then attempted to vote at the polls, the ballot that we received first would be counted. The second ballot would not be counted, and the voter would be turned over to the District Attorney.

A typical gotcha moment for those skeptical of the election process can be found in the upkeep of voter rolls. While there have been circumstances where data may not be correct or up-to-date for everyone listed at any given time, it is a process that is constantly evolving and improving.

Maintaining voter registration information happens on a daily basis throughout the year, Hillegass said. The rules about how and when voter registration records are created, updated and canceled are governed by the National Voter Registration Act of 1993, the Help America Vote Act of 2002 and California Elections Code.

Johnston also said Sutter Countys voter rolls are updated daily.

Hillegass said update sources include registered voters themselves, the California Department of Motor Vehicles (DMV), the California Department of Public Health, the California Department of Corrections, the California Secretary of State, Yuba County Superior Court, the U.S. Postal Service and a statewide database called VoteCal.

According to the California Secretary of State, VoteCal is Californias centralized voter registration database that provides benefits to voters and election officials. Hillegass said it cross references registration and voter participation across all 58 counties in the state in near real time. On Election Day, VoteCal allows counties to instantly see if a voter has already cast a ballot in another county.

Johnston said when a person updates their drivers license, that information is forwarded to the county. She warned the public to be careful when making a party selection when updating their voter registration while at the DMV.

If they leave this blank, the DMV system defaults to No Party Preference, Johnston said.

Logic and accuracy testing

Hillegass said that prior to every election, logic and accuracy testing of the voting system is conducted.

Pre-marked ballots are processed by each tally scanner, Hillegass said. After the ballots have been processed, the results are compared against the pre-determined results to ensure the system is tallying correctly.

According to the U.S. Election Assistance Commission, documenting this testing is critical as this is the point where most voting equipment transitions into election mode. Testing cannot start until ballots are proofed and finalized but should be completed before voting begins.

Hillegass said a Test Deck is used, a collection of ballots that are clearly marked Test Ballot, that already have been marked with votes. The ballots are marked in a distinct pattern in order to test the system.

We then run these ballots through the tally program. Because the contests were marked in advance, we already know what results should be reported. This pre-determined result is called our Expected Outcome, Hillegass said. After running the ballots we compare what the tally program reported for results and what we expected it to report. They should match.

Along with a pre-marked test deck, Hillegass said staff also cast test ballots using ballot-marking devices used in the election.

Testing staff vote these ballots in a pre-determined manner. We determine which votes will be cast to ensure we cover the appropriate data, Hillegass said. Our in-house test results are added to the Test Deck pattern results and that makes up our total Expected Outcome. After running the test deck and our in-house test ballots, the end result should be exactly what we have already determined it will be. A perfect match is a successful logic and accuracy test.

To promote transparency of the voting process, Hillegass said any member of the public can observe the election process. That includes vote-by-mail ballot processing, logic and accuracy testing, poll worker training and the vote tally.

The public is also encouraged to participate in the process as a poll worker, Hillegass said. Poll workers are responsible for processing voters on Election Day in the manner prescribed by law, ensuring the integrity of the process and maintaining the security of all supplies and equipment.

Johnston also said Sutter County voters are invited to see how the process works.

People are welcome to observe any process that occurs during the election cycle, from the pre-logic and accuracy testing of the voting equipment, processing of vote by mail ballots, election day activities, visiting polling places, central counting/tabulation, and the canvass process. If a voter is dropping off their ballot and would like a tour, we bring them back to the secured area to view what is happening at that time, Johnston said. If anyone would like to view a process, they can coordinate with us to view what they are most interested in, or watch what is happening when they stop by the office. We are currently full with poll workers, however we will still accept and train additional people in case of any poll workers who need to cancel. The application form is available on our website, or they can drop by to fill one out.

In Yuba County, every ballot cast in the election is a paper ballot.

At polling sites voters may choose to use an electronic ballot marking device, but this device is only used to mark their paper ballot, Hillegass said. It does not produce any electronic record of the vote. The electronic ballot marking device is required by the Help America Vote Act and provides accessibility options to assist those voters who may require assistance or who just choose to use it.

Hillegass said a paper record is maintained under strict security measures and through a chain of custody. Tally scanners also retain an image of the ballot when it is scanned.

Yuba County currently uses a Dominion Voting Systems optical scanner that has no Wi-Fi capability or hardware and is never connected to the internet, Hillegass said.

Hillegass said there are physical, technical and procedural safeguards in place to protect the security of the election process.

Physical safeguards include the following:

Voted ballot and voting system secure storage: Motion detector alarm and security badge access.

Election office: Secure election work areas with restricted access and observers require a security escort.

Tamper evident seals: Tamper evident security seals are used to validate the chain of custody.

Technical safeguards include the following:

Trusted build firmware/software: Upon certification of a voting system by the California Secretary of State, the trusted build is held in a secure location until a copy is hand-delivered to an authorized county official.

Controlled password access of systems and data: All account passwords are generated by the Registrar of Voters and the System Administrator. All passwords are shared with the Elections Manager and then with added staff only as necessary.

Closed and air-gapped system network (Dominion): The system is air-gapped to separate all devices from external networks. No part of the system is connected to the internet at any time. There is no Wi-Fi capability or hardware on the voting units. No part of the system receives or transmits wireless communication or wireless data transfers.

Procedural safeguards include the following:

Chain of custody (hardware, software, ballots)

Logic and accuracy testing

Vote-by-mail signature verification

Voting systems reformatted and software re-installed every election

Ballot tracking allows the public to verify their ballot status

Preparing ballots to be counted

Hillegass said that every ballot received is checked by election staff to verify the signature on the envelope matches the voters record.

For those with unsigned envelopes, voter outreach is conducted to provide the voter an opportunity to fix the issue. For an unmatched signature, following a review, if it is determined the signature does not match, then the voter is contacted to provide them an opportunity to fix that issue as well, Hillegass said.

Before they are counted, all ballot envelopes remain sealed.

Prior to envelopes being opened, a final precinct balance is conducted to validate the number of envelopes balances to the number of good ballots reported by the Election Management

System, according to Hillegass. Initial ballot processing (inspection and tally) takes place on the Saturday before Election Day. Ballots processed on this Saturday become the results released at 8 p.m. on Election Day.

Hillegass said efforts are made to include all ballots received and verified by noon on the Friday before Election Day.

The following is the inspection process used to ensure integrity:

Ballot envelopes are opened and assigned to a two-member Ballot Inspection Team.

The team separates ballots from envelopes while protecting the voters privacy.

The team inspects the ballots: Damaged ballots (tears, stains, unknown substances, marked with red pen) are pulled to be duplicated during canvass. The law requires ballots with personally identifiable information to be duplicated.

Audit tracking information is completed and ballots are submitted to be tallied.

Tally and adjudicating ballots

The following is the continued election process once votes are inspected, verified and ready to be counted:

Tally: As inspection teams complete a batch, it is staged, with the appropriate audit tracking forms, to be tallied. Each batch is then scanned, the audit tracking forms are completed and the scanned ballots are placed in a plastic bag with the completed audit form and sealed for storage.

Adjudicating ballots: As ballots are scanned, the system identifies ballots with over-voted contests, marginal marks and write-in votes and directs those ballot images to the adjudication workstation. An adjudication team reviews these images and using a predetermined set of standards, marks the ballot as necessary. An adjudication audit mark is added to the record and the ballot is released for results reporting.

After ballots are tallied, the audit, called canvass, takes place, Johnston said. Verification that the number of voter signatures matches the number of ballots in the ballot box is usually done first. Random precincts are chosen and contests are then hand-counted and compared against the machine tally. Any discrepancy is investigated and is noted on the final statement of vote that is sent to the Secretary of State.

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Protecting our democracy: Officials share steps taken to keep our elections safe and secure - Appeal-Democrat