March 23, 2006
Who Audits the Auditors?

I guess I do.

Earlier this month I sent public records requests to the Auditors of the state's other large counties that use the same DIMS system that's used in King County (Pierce, Snohomish, Kitsap, Clark and Yakima). Together with King these are six of the 9 biggest counties in the state, covering 2/3 of the state's voters.

I've asked these counties for the same kinds of DIMS records and reconciliation reports that I've requested of King County -- notably transaction logs and complete records of absentee and provisional ballots for the last two years. While King County has been scrutinized more thoroughly than any other county, I suspect that some of these other counties also have serious problems with recordkeeping, ballot reconciliation, double voting and compliance with election laws. The preliminary responses I've received from Pierce and Snohomish would suggest that I'm probably right. Residents of these counties and the candidates who anticipate close races have reason to be concerned about these counties' performance this fall --

I sent all the county Auditors letters that are essentially the same as this one that I sent to Bob Terwilliger in Snohomish County (but obviously only Terwilliger got item (13)). Clark, Kitsap and Yakima counties have all indicated they'll respond within a few weeks. I've received substantive responses so far from Terwilliger and from Pat McCarthy in Pierce County. These responses leave much to be desired. These are the highlights:

* Both Terwilliger and McCarthy claim that they are unable to produce transaction logs. I find that hard to believe. King County, which uses the same software system, is (reluctantly) able to produce the transaction logs. Besides, RCW 29A.08.770, specifically requires certain records to be made available for public inspecting and copying. I believe the transaction logs are covered by this statute. I'll accept that these counties are "unable to produce the transaction log" in the sense that the staff aren't familiar with the procedure for doing so. But they need to RTFM and release the records as required by law.

* Both Terwilliger and McCarthy claim they have no records of individual provisional ballots. This is implausible. Counties are required by federal and state law to provide a "free access system" that allows a provisional voter to check the disposition of their ballot. (Oh, wait, what's this?). It would be impossible to implement such a system without records of individual ballots.

* McCarthy claimed that "The invalid Provisional ballots have passed the required retention period for all but the February 2006 election and have been destroyed per our retention schedule". Oops. Federal law is very clear that all materials from a federal election must be retained for 22 months, which has not yet passed for either the primary or general elections of 2004. Violations are punishable by up to a year in prison.

* Terwilliger claimed that he didn't present any reconciliation reports to the canvassing board until after the legislature passed some new laws in 2005. But State administrative rules required reconciliation reports in 2004 (see WAC 434-253-204 and WAC 434-250-130, which in 2004 had number 434-240-270)

I've appealed the initial responses and am waiting for the follow-up responses. In the meantime, residents of these counties and candidates who run in these counties have reason to be concerned about the Election offices' shortcomings in transparency and recordkeeping.

Posted by Stefan Sharkansky at March 23, 2006 05:15 PM | Email This
Comments
1. Good to hear you are heading outside King County, keep up the good work. It is very much appreciated.

Posted by: TedR on March 23, 2006 05:31 PM
2. Thank you for working on this! I'll bet you find some good stuff in Dean Logan's home town. Where his wife works in... drum-roll please... Elections!

Posted by: Jeremy on March 23, 2006 06:27 PM
3. King County has only recently taken the crown of bad elections management. Pierce has had that one as long as I can remember. That was the only upside to the 2004 debacle. The egg was off of our county's face.

Posted by: Republican (by default) on March 23, 2006 08:54 PM
4. 1 Check the statues but generally all government agencies need to be audited by external auditors.
2 This is generally CPA firms
3 Since credit agencies generally demand external CPA firms you may be able to find an audit report.
4 You may also want to check w/ Brian Sontag, Washington State Auditor in Olympia.
5 Some government entities, ie Sound Transit, are audited by State, Federal (DOT), and Deloitte & Touche (external)

Posted by: Green Lake Mark on March 23, 2006 10:28 PM
5. Some variation of the old saying, "I'd rather be judged by twelve than carried by six", may apply here.

It appears that these two may have chosen to destroy evidence that would be assuredly damning if brought to light, and take their chances with an investigation that might be a whitewash, or never made at all.

If the Snohomish and Pierce County DAs are as lax as their counterparts in Jefferson County, that may have been a pretty safe bet.

Posted by: ewaggin on March 24, 2006 12:34 PM
6. Go Stefan, GO!

Posted by: EricR on March 29, 2006 02:35 AM
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