What happens in a tie such as Richmond council race?

By Dawn Kruger, Civic Outreach and Engagement Specialist, Contra Costa County Elections Division

Contra Costa County Clerk-Recorder-Registrar Debi Cooper certified the results of the November 8, 2022, General Election today, Friday, Dec. 2, 2022.

“Our elections team has once again administered an accurate, transparent, safe and secure election for Contra Costa County.  This team of expert staff made a very complicated and technical process look easy – it isn’t,” Cooper said. “I am proud of this talented group, who make democracy happen for Contra Costa voters and provide incredible service.  This includes: permanent staff, temporary workers, poll workers, and volunteers. I want to thank each of them for their hard work and civic service.  It is my honor and privilege to certify my last election as the head of this department.”

The Elections Division conducted the canvass to complete the official count of all qualified ballots and to perform audits to verify the tabulation equipment performed as intended.

The purpose of the canvass accomplishes four primary tasks: ensuring that every eligible ballot is counted, that voters only voted once, that proper procedures were followed, and that the vote tabulation system counted ballots properly.

The final turnout for this Primary Election totaled 394,153 ballots cast, representing 56.15% of the 701,969 registered voters of Contra Costa County.

The final official report for this election is now posted on the Contra Costa County Elections website at www.contracostavote.gov.

The following was posted on the Elections Division website and applies to the Richmond City Council District 2 race that ended in a tie: (See related article)

Every vote counts!!! What happens in the case of a tie?

The Contra Costa Elections Division has now certified our Official Results for the November 8, 2022 General Election. We had two very close races; one by only 3 votes and one that ended in a tie. This is perfect example why we say that EVERY VOTE COUNTS!

In the event of a tie vote, Election Code says that tie may be decided by “lot” – a game of chance. (The Elections office has conducted a tie-breaker before by the roll of dice.)

Each city that requests to consolidate their election must define in their resolution, how a tie will be decided. Richmond’s City Resolution 79-22 states that a tie for the Richmond City Council District 2 will be decided by the City of Richmond, once we certify the results. Please contact the Richmond City Clerk’s office for more information.

Supervisor Gioia Explains Tie-Breaker Process

According to District 1 Supervisor John Gioia in a Friday afternoon email shared the following about the process for the tie-breaker in the Richmond City Council District 1 race:

A Resolution passed by the Richmond City Council on 6/21/22 specifically states: “That the County Election Department is authorized to canvass the returns of the Municipal Election.”

California Elections Code 15302 defines what it means to “canvass the returns”, which basically means to count the ballots, and certify and report the results. Section (h) calls for “Reporting final results to the governing board (in this case, the City of Richmond) and the Secretary of State, as required.”

County Elections has now finished its statutory responsibility under the State Elections Code to “canvass” the ballots, certify the results, and report them to the City.

What happens when the official certified results are tied? California Elections Code 15651 provides – “determine the tie by lot”. In other words, the tie must be broken by a process that is based on chance, not on skill. A recent tied election in the County was determined by the roll of dice. Drawing a card, flipping a coin, or pulling a name out of a hat have been used in the past. No running races allowed!

The Mayor and City Council voted to establish their own process of chance. Under the Richmond City Council’s 6/21/22 resolution: “..if two or more candidates for mayor or in a district receive an equal and the highest number of votes, the City Clerk shall summon the candidates receiving the tie vote to appear before her, at the time designated by the City Clerk, in the Council Chamber. The City Clerk shall place the name of each candidate in a sealed unmarked envelope and the tie vote shall be broken by lot.”

It is now up to the Richmond City Clerk to conduct the process to break the tie, as set forth in their resolution. County Elections has no authority to conduct this tie-breaker. I’ve been told that Richmond’s City Attorney is advising the City Clerk on this issue.

This should be a public process. The City Clerk has previously stated that the process would be telecast on live streaming through the City’s website.

We will await to hear any announcements by the City Clerk on when, how and where the tie-breaking process will occur. I have heard that the City Clerk is out of the office today so it appears that any tie-breaker will not occur until next week.

Allen D. Payton contributed to this report.

Nonpartisan program supports and celebrates excellence in U.S. election administration

By Dawn Kruger, Civic Outreach/Engagement Specialist, Contra Costa County Clerk-Recorder-Elections Department

The Contra Costa County Elections Division has been selected by the nonpartisan U.S. Alliance for Election Excellence as a Center for Election Excellence.  This is recognition that Contra Costa County Elections is committed to leadership in election administration and focused on developing even more resilient, trustworthy, and voter-centric election administration practices.

As a Center for Election Excellence, the Contra Costa County Elections Division will have an opportunity to work together with a bipartisan group of election officials to support each other and improve their skills. The diverse inaugural 2023 cohort of Centers for Election Excellence include:

• Contra Costa County, CA
• Shasta County, CA
• Greenwich, CT
• Kane County, IL
• Macoupin County, IL
• Ottawa County, MI
• Clark County, NV
• Brunswick County, NC
• Forsyth County, NC
• Madison, WI

According to a recent study from MIT, public spending on election services ranks near the bottom, about the same as what local governments spend on parking facilities. This means professional development opportunities for election department staff can be extremely limited. The Alliance will provide Contra Costa Elections staff opportunities to collaborate with and share best practices with their colleagues from around the country, creating a national community of learning and support.

“I am thrilled we have chosen the Contra Costa County Elections Division as a Center for Election Excellence,” said Tiana Epps-Johnson, executive director of the Center for Tech and Civic Life. “Contra Costa Elections is a leader in safe, secure, and inclusive elections that put voters first. This program will take their election administration work to the next level.”

“While I have always known that staff at the Contra Costa County Elections Division are expert at what they do, incredibly innovative, and provide an exceptionally high level of service to the Contra Costa Community, I am excited and proud that this department and our staff are being recognized nationally for the hard work we do.” said Debi Cooper, Clerk-Recorder-Registrar of Contra Costa County.

The U.S. Alliance for Election Excellence launched in 2022 and is a five-year, $80 million nonpartisan program that brings together election officials, designers, technologists, and other experts to envision, support, and celebrate excellence in U.S. election administration. Launch partners include:

• Center for Tech and Civic Life:  connects Americans with the information to become and remain civically engaged and ensure that elections are inclusive and secure.
• Center for Civic Design: works with elections offices and advocates across the country, using research, design, accessibility, and plain language to remove barriers and invite participation in democracy.
• The Elections Group: partners with state and local election officials to implement new programs or improve processes for voters and stakeholders by providing guidance, resources, and management support.
• U.S. Digital Response: is a nonprofit, nonpartisan organization provides election officials with simple, effective digital tools and rapid response.
• Institute for Responsive Government & Center for Secure and Modern Elections: aligns bipartisan, pro-voter campaigns, making elections more efficient and secure.
• Hasso Plattner Institute of Design (the d.school) at Stanford University: referred to as the d.school, the institute brings students and faculty from radically different backgrounds together to develop innovative, human-centered solutions to real world challenges.
• Prototyping Systems Lab: utilizes elements of design thinking, participatory design, and critical making to create change within complex systems.

Ballots lined up to be counted in the County Elections office on Tuesday, November 15, 2016. Herald file photo

Ballots still arriving and can through the mail until next Tuesday

Next results update expected later today

By Allen D. Payton

According to county Elections Division personnel, after receiving Wednesday’s mail there were 170,000 unprocessed ballots remaining to be counted in the county. They are also receiving ballots dropped off in other counties and have seven days from the election to receive ballots postmarked by Nov. 8, which is through next Tuesday, Nov. 15

The latest figures on the Elections Division website as of 12:03 a.m. Wednesday morning, Nov. 9 show 229,444 ballots had been cast and counted by then. They don’t include all the vote-by-mail ballots submitted on Election Day including those dropped off at polling places, according to Elections Division staff.

The next update for results in all elections in the county is expected later today, Thursday, Nov. 10 before 5:00 p.m.

In order to be sent an Official Ballot by mail; voters can still register in person until and on Election Day

By Dawn Kruger, Civic Outreach/Engagement Specialist, Contra Costa County Clerk-Recorder-Elections Department

Debi Cooper, County Clerk-Recorder & Registrar of Voters, reminds voters that the close of registration for the upcoming November 8, 2022 General Election is Monday, October 24th.   “This is the deadline for voters to register in order to be sent an Official Ballot by mail.  After this date, voters can still register, but they will be required to register and vote in person.”

Register to Vote:

Voters can conveniently register to vote online at https://registertovote.ca.gov or complete a voter registration card, which is available at most post offices, city halls, and libraries throughout the County.  Online registration must be completed before midnight on October 24th.  Paper registration cards must be postmarked by October 24th. 

To be eligible to vote in this election, a registered voter must be a U.S. Citizen, at least 18 years of age by Election Day, a resident of the state, and not currently serving a state or federal prison term for the conviction of a felony.  You must update your registration if you have moved, legally changed your name, or changed your party.

Be sure you are registered!  Check your voter registration status online at www.contracostavote.gov by clicking on the “My Voting Information” button.

After October 24th, there is not sufficient time to mail and return ballots, so voters will be required to register and vote in person at; the Elections Division in Martinez, one of the County’s early voting sites, or a polling place on Election Day. Cooper’s advice: “Register early so you will receive a ballot in the mail. If you choose to vote in-person, having a current registration will speed up the process at your polling place on Election Day.”

22,000 ballot cards included with 167 “unique combinations of contests”

By Allen D. Payton

On Friday, Oct. 14th, the Contra Costa County Elections Division performed the official logic and accuracy testing on their central ballot counting and processing equipment. Logic and accuracy testing is a standard pre-election procedure. The test is designed to confirm that all central count equipment is in working order and functioning properly. A set of test ballots was run through each scanner to ensure they are properly programmed and operating as expected.

Questions were sent to the Elections Division staff asking about the results of the test.

Helen Nolan of the County Elections Office responded, “Our logic and accuracy testing on Friday went very well. We scanned 22,000 ballot cards, which were a mix of pre-printed test ballots, hand marked test cards, ICX (Ballot Marking Device) ballots, RAVBM ballots, and MBP printed ballot cards. Our test decks were comprised of 167 different patterns for each ballot type (unique combination of contests, candidates, and rotations). These test ballots come to us with an expected set of results.  

700 ballot cards were adjudicated in order to test each ‘out-stack’ condition (blank card, overvoted contest, indeterminate marks, and write-in positions) to ensure the scanners were accurately identifying those ballots with those pre-indicated conditions.

Our end results matched 100%, meaning after all test ballots were scanned and adjudicated, we found our test results matched the predetermined expected results with 100% accuracy.”

Clerk-Recorder-Registrar claims elections in Contra Costa County are secure

By Dawn Kruger, Civic Outreach/Engagement Specialist, Contra Costa County, Clerk-Recorder-Elections Department 

On Friday, Debi Cooper, County Clerk-Recorder-Registrar, announced that registered voters in Contra Costa County will soon receive their Official Ballots for the upcoming November 8, 2022, General Election. Ballots were at the post office on Monday, October 10th and should arrive in mailboxes beginning today, October 11th.  If you do not receive your ballot by October 20th, call their office at 925-335-7800.

Cooper emphasizes that “Elections have been designated as critical infrastructure of this nation.  The State of California has one of the strongest voting security system standards in the country. Contra Costa County follows each and every procedure to ensure our residents can feel confident that their vote is being counted in the safest, most secure way possible.”

She also claims that “Contra Costa County Elections processes are not only safe and secure, but also fair, accurate, and accessible.  Security protocols in place include:

• The voting system is a paper-based system. The paper ballot submitted by the voter is considered the official record of the vote cast.
• The voting system is NEVER connected to the internet or county network.
• The voting system is physically restricted under lock and key; only authorized personnel are allowed in the area.
• Strict chain of custody procedures and the two-person rule are enforced.
• A state-mandated logic and accuracy test of the ballots and voting system is required to ensure votes are tabulated accurately.
• After Election Day, the County is required to perform a manual hand tally (audit) of at least a 1% of the votes as part of the official canvass process to confirm that the voting system accurately tabulated and reported all votes cast.”

For more information about the November 8, 2022 General Election, go to The Contra Costa County Elections Office, your trusted source of nonpartisan elections information, visit the website at www.contracostavote.gov, or call 925-335-7800 M-F 8 am to 5 pm.