SLO County GOP is collecting voters’ ballots. It’s legal, but is it secure?
The San Luis Obispo County Republican Party is advising voters to deliver ballots to its two local offices, but neither are official county ballot-drop locations.
The practice, commonly known as “ballot collecting” or “ballot harvesting,” has come under fire in recent years because it introduces a third-party into the ballot-submission process, and as a result could increase the potential for fraud, critics say.
Republicans on one congressional committee have gone as far as calling the practice “sinister.”
The local GOP started this service after voters expressed security concerns about the county dropboxes, party spokesperson Erik Gorham said.
County Clerk-Recorder Elaina Cano said it’s legal for the organization to collect and submit ballots for people, as long as they follow certain processes — such as obtaining consent of the voter.
She noted that the Election’s Office is required by law to implement “checks and balances” while collecting ballots. This includes “dual custody,” which means that two people must be with the ballots when they’re being moved or processed.
“Anybody who has an unofficial dropbox aren’t bound by those same laws, which is something to think about as security goes,” Cano said.
In 2020, former County Clerk-Recorder Tommy Gong approved the local Republican Party’s practice of collecting and submitting ballots for people, and “guided us in how to implement the practice as far as legality and security,” Gorham said.
What does California law say about collecting ballots?
California law allows voters to designate another person to deliver their ballot, and it has loosened previous restrictions on who that person is.
Prior to 2018, that designee had to be a family member, but that’s no longer the case.
California law also makes it illegal for the designated person to receive compensation for submitting ballots.
Unlike some states, it does not place limits on the number of ballots any one person can deliver. Twelve states have such restrictions on the books, according to Ballotpedia.
SLO Republican Party collecting ballots
The Republican Party directed voters to return ballots to their two offices, located at 7357 El Camino Real in Atascadero and 1312 E. Grand Avenue in Arroyo Grande, according to its website.
The website also directs voters to drop off their ballots at the county Clerk-Recorder’s Offices in Atascadero and San Luis Obispo, vote at the polls on Election Day, or — as a last resort — mail in their ballots.
The San Luis Obispo County Republican Party is hosting a picnic fundraiser for District 2 Board of Supervisors candidate Bruce Jones on Saturday and asked voters to bring their ballots to the event. GOP staff will then “turn them in securely and make sure your vote is counted,” a flier for the fundraiser said.
The SLO County Republican Party received complaints that some voters don’t trust the security of county drop boxes, noting that the ballots sometimes sit in the dropboxes overnight without security, Gorham said. This motivated the party to start their own drop-off locations a few elections ago, according to Gorham.
When folks drop off their ballot at the GOP office, they must indicate on the back of their ballot that they give permission to the staffer to deliver the ballot on their behalf, Gorham said.
At the end of the day, a GOP staffer will collect the ballots, drive them to the Clerk-Recorder’s Office and turn them in, Gorham said.
“We don’t want to be stuck with them,” Gorham said, so they submit ballots to the county every day.
Gorham said lots of voters use the Republican Party’s delivery service. During the last day of the primary election, more than 1,000 voters dropped off their ballots at the local GOP offices, he said.
At the Jones fundraiser, the party will follow the same protocol: Voters will drop their ballot into a box, and a staff member will deliver the ballots at the end of the day.
“Somebody keeps an eye on that (the box),” Gorham said. “We want to keep a process that’s secure as possible.”
Congressional Republicans call ballot harvesting a ‘sinister practice’
While local Republicans believe ballot collecting makes the process more secure, others in the party decry the practice.
Former President Trump himself targeted the practice after his loss in the 2020 election.
“GET RID OF BALLOT HARVESTING, IT IS RAMPANT WITH FRAUD. THE USA MUST HAVE VOTER I.D., THE ONLY WAY TO GET AN HONEST COUNT!” he said in an April 20, 2020, Tweet, according to the Washington Post.
Likewise, Republicans on the Committee on House Administration, which monitors congressional elections, have a dedicated page on their website warning of “the threat of ballot harvesting.”
“Ignoring this most notable threat to election security is unacceptable in an election security bill, something Democrats have chosen to do not once this Congress but on several occasions,” the website says. “... While Democrats choose to ignore this obvious threat to our nation’s elections, Republicans remain committed to outlawing this sinister practice, currently legal in states like California, to ensure that every American’s vote is counted and protected.”
Clerk-recorder’s guidance on submitting ballots
County Clerk-Recorder Elaina Cano said it’s legal for the Republican Party to drop off ballots for voters — as long as the voter indicates their permission on the back of the ballot and the party submits the ballots within three days of receiving them, she said.
“I think that the responsibility comes down to whether or not the voter wants somebody else to return their ballot, and that’s perfectly legal,” Cano said. “I would just want to make sure that its handled accordingly.”
When the Elections Office receives a group of ballots, staff will transfer them to a ballot box inside the office, where they will wait to be counted.
Cano urged voters to trust the county’s ballot-collection process.
“I know that our process is secure,” Cano said. “I know that once a voter returns their ballot with us, their ballot is kept aside. It’s processed under surveillance. There’s checks and balances all along the way.”
Ballots are collected from county dropboxes every 72 hours, and two people must be with the ballots at all times when they’re being moved or processed. All but one of the dropboxes are staffed during the day, and the dropbox without a staffer is outside of the Elections Office under the surveillance of a security camera, Cano said.
“If voters have a concern with the security of returning their vote by mail ballots, they can call our office and we can explain the security of our process,” Cano said.
This story was originally published October 19, 2022 at 8:00 AM.
