Submitted Documents1 / 5
2/2/2018
Alternate Ballot Box Locations, Civic Center Plaza in Cupertino
2018 Elections
Figure 1: Sister Cities Sign/Lamp Post. The ballot box could be located on the
concrete in front of the Sister Cities sign/lamp post, and then anchored to the
sign pole. Expect that measurements of the 100-foot “no campaigning” radius
would begin approximately 4 feet from the sign pole to account for the perimeter
of the ballot box.
2 / 5
2/2/2018
Figure 2: Approximately 100 Feet from the Sister Cities Sign/Lamp Post. While
this tape measure has a maximum length of 100 feet and 4 feet must be added
to the total length measured below to accommodate the outer edges of the ballot
box when placed at the Sister Cities sign/lamp post, the 100 foot “no
campaigning” radius from the Sister Cities sign/lamp post is well outside the
entrance areas of the Cupertino Library and Community Hall.
3 / 5
2/2/2018
Figure 3: Eave Support in Front of Cupertino City Hall. The ballot box could be
located on the concrete anywhere within tethering distance from the eave
support located near the entrance to City Hall. Expect that measurements of the
100-foot “no campaigning” radius would begin approximately 4 feet from the sign
pole to account for the perimeter of the ballot box.
4 / 5
2/2/2018
Figure 4: Approximately 100 Feet from the Eave Support in Front of Cupertino
City Hall. While this tape measure has a maximum length of 100 feet and 4 feet
must be added to the total length measured below to accommodate the outer
edges of the ballot box when placed at the eave support, the 100 foot “no
campaigning” radius from the eave support in front of City Hall is well outside the
entrance areas of the Cupertino Library and Community Hall.
5 / 5
2/2/2018
Figure 5: Visual Separation at Civic Center Plaza in Cupertino. Neither alternate
location for the ballot box had a 100-foot “no campaigning” radius that would
have extended beyond this visual separation that roughly divides the north and
south sides of Civic Center Plaza. The alternate locations for the ballot box are
located on the north side of the plaza. The Cupertino Library is located on the
south side of the plaza. The Community Hall is located on the east side of the
plaza, but the nearby concrete path and entrance area remain outside the 100-
foot “no campaigning” radii for both alternate ballot box locations.
1
Kevin Khuu
From:Liana Crabtree
Sent:Wednesday, February 7, 2018 9:41 AM
To:Kevin Khuu
Cc:Gopal Kumarappan; Christine Hanel
Subject:Fwd: 1 of 4, 2/7/2018 Library Commission meeting, agenda item 4, ballot box
Hi Kevin,
Forwarding communication related to the 2/7/2018 Library Commission meeting agenda item 4 (old business),
relocation of the ballot box (1 of 4).
Please share with meeting participants if the request aligns with the requirements or provisions of the Brown
Act.
I will bring printed copies to this evening’s meeting.
Thank you,
Liana Crabtree
Sent from my iPhone
Begin forwarded message:
From: Liana Crabtree <lianacrabtree@yahoo.com>
Date: February 7, 2018 at 9:08:40 AM PST
To: Liana Crabtree <lcrabtree@cupertino.org>
Subject: 1 of 4, 2/7/2018 Library Commission meeting, agenda item 4, ballot box
Dear Office of the Registrar of Voters and Citizens' Advisory Commission
on Elections:
While I serve as a Library Commissioner for the City of Cupertino, I write
to you today as a Cupertino resident only and not as a spokesperson for
the Library Commission. The views expressed here are entirely my own.
I understand that the Office of the Registrar of Voters is working with the
libraries in Santa Clara County, including but not necessarily limited to the
Santa Clara County Library District (SCCLD), to bring early voting to our
local libraries.
While I applaud efforts intended to boost voter engagement and make
voting less burdensome for all voter populations, I am concerned that
"voting in libraries" will have the unintended consequence of restricting
2
voter access to campaign information at a time when voters will be
seeking this very data--when vote-by-mail voting and early voting have
begun (usually weeks before Election Day).
Libraries serve as the beating hearts of our communities. Because
libraries are vibrant public spaces, grassroots organizations set up tables
in front of the Cupertino Library to engage with voters and share campaign
information in the weeks leading up to the November 2016 General
Election. The free exchange of ideas happening in front of the library were
curtailed when a drop-off ballot box was positioned such that the library
entrance was eclipsed by the ballot box's 100-foot "no campaigning"
radius. Grassroots groups, if they wished to continue engaging with the
electorate in the public space, were forced to relocate to low foot traffic
areas near the parking lot or the street.
I am concerned that if early voting is permitted inside our community
libraries beginning in 2018, then library entrances throughout the County
will no longer be places where community members can come and learn
about grassroots issues and candidates. Grassroots organizations
generally lack the resources to launch saturation marketing campaigns
that well-funded special interest groups rely upon in abundance, so the
preservation of free access to popular public spaces, especially libraries,
is imperative to keep our shared Democracy alive. Additionally, well-
funded special interest groups can often secure permission from
commercial property owners to engage shoppers in political
conversations. In 2016 in Cupertino, for example, we saw well-funded
political campaigns set up voter engagement booths for weeks in front of
large local chain stores, the same locations where grassroots groups were
denied access repeatedly.
Some may argue that larger libraries have the luxury to position polling
places, including the ballot box, inside the library but far enough away
from the entrance such that the entrance to the library will be well outside
the ballot box's 100-foot "no campaigning" radius. Therefore they may
assert, at least in larger libraries, voter engagement is free to co-exist with
early voting activities happening inside of those libraries.
I see two potential problems with such an argument:
1) Libraries would consider many factors when considering where to set
up a polling place. Some library entrances will be outside the "no
campaigning" radius and others will not. As a result, some communities
may have opportunities to engage in political discussions in front of their
libraries and others will not.
2) If a powerful special interest group and its powerful Election Law firm
were to challenge the idea that the "no campaigning" radius is measured
from the ballot box and asserted instead that the "no campaigning" radius
is measured from all entrances of the building where the ballot box is
located, how likely is it that the Registrar of Voters would agree with the
more conservative interpretation of the "no campaigning" radius (as
3
measured from all entrances of the library) in an effort to avoid a costly
legal battle?
Though I am certain those working on behalf of our libraries and in
cooperation with the Registrar of Voters had only the best intentions in
mind as they have considered how to accommodate early voting in
libraries, please consider how ensnaring libraries in election activities
could be viewed as interfering with these specific objectives from the
Mission and Values Statement for the SCCLD:
Core Values, Item 5, "The library fosters life-long learning, promotes
cultural enrichment, and supports education."
Life-long learning and education are impeded if community members
cannot engage with political groups in public spaces adjacent to library
entrances during vote-by-mail voting, early voting, and on Election Day.
Core Values, Item 8, "The library ensures that physical spaces are
welcoming, safe, clean, and accessible."
If ballot boxes or "voting locations" are determined to be located within
100 feet of library entrances, then physical spaces adjacent to those
entrances are not welcoming to political groups during vote-by-mail voting,
early voting, and on Election Day.
Finally, consider that removing libraries from the list of possible early
voting locations does not need to mean the end of an effort to bring
centralized voting to Santa Clara County. Why not partner with retail
establishments, such as drug stores, which generally have longer
business hours than libraries, and would likely welcome the foot traffic
from citizens seeking to cast their ballots? Folks looking to purchase a
Clipper transit card can get one at Walgreen's. Why not offer early voting
at Walgreen's, too, for example?
Thank you for your consideration of my request to reconsideration of
a plan to bring early voting to libraries located within Santa Clara
County for all of the reasons I have identified above.
Sincerely,
Liana Crabtree
Cupertino resident
REFERENCE
SCCLD Mission and Values Statement:
https://www.sccl.org/About/About-Us/Mission-and-Values
Total Control Panel Login
1
Kevin Khuu
From:Liana Crabtree
Sent:Wednesday, February 7, 2018 9:42 AM
To:Kevin Khuu
Cc:Gopal Kumarappan; Christine Hanel
Subject:Fwd: 2 of 4, 2/7/2018 Library Commission meeting, agenda item 4, ballot box
Hi Kevin,
Forwarding communication related to the 2/7/2018 Library Commission meeting agenda item 4 (old business),
relocation of the ballot box (2 of 4).
Please share with meeting participants if the request aligns with the requirements or provisions of the Brown
Act.
I will bring printed copies to this evening’s meeting.
Thank you,
Liana Crabtree
Sent from my iPhone
Begin forwarded message:
From: Liana Crabtree <lianacrabtree@yahoo.com>
Date: February 7, 2018 at 9:10:22 AM PST
To: Liana Crabtree <lcrabtree@cupertino.org>
Subject: 2 of 4, 2/7/2018 Library Commission meeting, agenda item 4, ballot box
----- Forwarded Message -----
From: Liana Crabtree <lianacrabtree@yahoo.com>
To: registrar@rov.sccgov.org <registrar@rov.sccgov.org>; Hamilton Pamela
<pamela.hamilton@rov.sccgov.org>; City Clerk <cityclerk@cupertino.org>; Grace
Schmidt <graces@cupertino.org>
Cc: alfred.gonzales@rov.sccgov.org <alfred.gonzales@rov.sccgov.org>; April
Bracamonte <april.bracamonte@rov.sccgov.org>; Cupertino City-Council
<citycouncil@cupertino.org>; David Brandt <davidb@cupertino.org>;
gkumarappan@cupertino.org <gkumarappan@cupertino.org>; Christine Hanel
<christineh@cupertino.org>; colin.kutch@cob.sccgov.org <colin.kutch@cob.sccgov.org>;
Clare Varesio <cvaresio@sccl.org>; Nancy Howe <nhowe@sccl.org>; Nick Kuwada
<nkuwada@asianlawalliance.org>; Anne Ezzat <aezzat95014@gmail.com>; Hoi Poon
<hoipoon@gmail.com>
Sent: Tuesday, February 6, 2018, 2:29:22 PM PST
Subject: Re: Ballot Box location in Cupertino, 2/6/2018
Dear Office of the Santa Clara County Registrar of Voters and Office of the Cupertino
City Clerk:
2
Note: While I serve as a Library Commissioner for the City of Cupertino, I write to you
today as a Cupertino resident only and not as a spokesperson for the Library
Commission. The views expressed here are entirely my own.
Cupertino City Clerk Ms Schmidt, thank you for your reply dated 2/5/2018.
I have included Ms Schmidt's reply just below this message as several people included
on the original message thread likely did not receive it. I have included all previous
correspondence on this topic exchanged between the Office of the Santa Clara Registrar
of Voters (SCCROV), the Office of the Cupertino City Clerk (CCC), and myself. Also for
reference, I have also included one previous attachment
(alt_ballot_box_locations_CUPERTINO.pdf) and a new attachment
(alt_ballot_box_location_CU_20180206.pdf). New attachment
alt_ballot_box_location_CU_20180206.pdf is described in Comment 2 below.
To recap, here are my questions from 2/2/2018:
A) What individual or entity has the authority to decide where a ballot box will be placed
within the City of Cupertino?
B) What are the objective standards for determining the "transparency" of a ballot box
location? Specifically, how is one location graded to be more "transparent" than another
location?
C) What are the objective standards for determining the "convenience" of a ballot box
location?
Because the questions are not addressed specifically in Ms Schmidt's reply, I infer
the following from what is stated in her reply:
Question A, inference) The SCCROV determines ballot box location(s) in Cupertino.
However, for any reason the City of Cupertino can decide not to offer an ballot box
locations within the City limit. Because the City Clerk serves as the Elections Officer for
the City, I understand the City Clerk decides whether or not Cupertino will host a ballot
box or not.
Question B, inference) "Transparency" is a subjective term with no shared definition
when considered by two or more people. For the purposes of this exchange and all
discussions related to ballot box placement, I suggest we refrain from using the words
"transparent" and "transparency" as they add no value.
Question C, inference) A "convenient" ballot box location offers: "ADA access, a well-lit
and safe location, and is also convenient for voters to park and drop off ballots." And, "It
is located in a site where Library employees can make sure the box isn’t tampered with
as well as advising the County when it needs emptying."
I have a few follow up comments related to Ms Schmidt's reply.
COMMENTS
1) I have two concerns regarding to the latter "convenience" criteria referenced in the
Questions C item, "It (the ballot box) is located in a site where Library employees can
make sure the box isn’t tampered with as well as advising the County when it needs
emptying."
(1a) It is my understanding that the Santa Clara County Library District (SCCLD) is
responsible for the physical space and services offered inside the library, but that the
care and handling of features and physical spaces outside the library or unrelated to
library services are the responsibility of their respective owners.
As a courtesy, I can imagine library employees would notify the SCCROV if they or library
patrons observed an overflowing, broken, or vandalized ballot box during business hours.
3
However, unless/until a SCCLD representative confirms otherwise, I expect the SCCLD
is not responsible for the security of the ballot box, no matter its location, or the integrity
of the ballot envelopes contained within or scattered nearby in the event of vandalism or
accident.
(1b) Even if library employees were to take a keen side interest in tending to the ballot
box, they are not available to intervene on behalf of an overflowing, broken, or vandalized
ballot box outside of business hours. In the case of vandalism, I expect we can agree that
if it were to happen, it most likely would happen after dark and long after the library has
closed and library employees have gone home.
Because the SCCLD is not responsible for the maintenance or security of the ballot box,
it is not reasonable to expect that library employees will engage as ballot box tenders or
"first responders" except by chance. Therefore, it is not reasonable to reference
engagement of library employees as an element contributing to the "convenience" of the
current and unacceptable ballot box location.
2) For the remaining 3 "convenience" criteria (ADA access; a well-lit and safe location;
and is also convenient for voters to park and drop off ballots), all 3 locations under
consideration (sister cities sign; city hall entrance, library entrance) meet these criteria.
ADA access is a little bit more complex. For ADA access, which voter audience takes
precedence?
For individuals with mobility challenges arriving by public transit, the location adjacent to
the sister cities sign is closest to transit stops located on De Anza and Stevens Creek
Blvds (VTA Routes 55/23/323).
For individuals with mobility challenges arriving by car, I have identified an alternate
location that is closer to the parking lot and closer to spaces designated for individuals
with handicapped placards for their cars: Lamp Post 28. Lamp Post 28 is identified with a
"28" sign affixed on its pole. Other lamp posts are not to be considered acceptable
substitutes for Lamp Post 28. If ADA access for individuals arriving by car is the highest
priority, then Lamp Post 28 is the best location for the ballot box, effective on or before
May 7, 2018 and thereafter.
We have 4 possible ballot box locations in Civic Center Plaza in Cupertino that meet the
"convenience" criteria identified by Ms Schmidt. One of the 4 locations, the
October/November 2016 ballot box location adjacent to the library entrance, is
unacceptable for the reasons related to interference with community engagement that I
have identified explicitly in my earlier messages.
It is not necessary to reject 3 acceptable ballot box locations in favor of "not (providing) a
ballot box at all for the Cupertino voters," an option offered in Ms Schmidt's reply which
appears to serve no productive purpose.
I restate the request that the SCCROV relocate the ballot box from its
October/November 2016 location to a location that will not interfere with
community engagement activities related to political matters taking place in front
of the entrances to the Cupertino Library or Community Hall, effective on or before
May 7, 2018 and thereafter.
Sincerely,
Liana Crabtree
Cupertino resident
<START Cupertino City Clerk Grace Schmidt's reply, 2/5/2018>
4
Good afternoon Ms. Crabtree,
Your email brought some interesting points to light in regards to the ballot box
location. For several years, the ROV chose libraries throughout all Santa Clara
County cities for the best locations for voters to be able to exercise their voter
rights. I see that the County has already responded to you regarding the spot just
outside the Cupertino Library as being the best location for a 24/7 Ballot Box. It
has the best benefits for the voters of Cupertino: ADA access, a well-lit and safe
location, and is also convenient for voters to park and drop off ballots. It is
located in a site where Library employees can make sure the box isn’t tampered
with as well as advising the County when it needs emptying. Another option is to
not provide a ballot box at all for the Cupertino voters which I believe would not
be to the benefit of the voters of Cupertino.
Kind Regards,
Grace Schmidt, MMC
Cupertino City Clerk
10300 Torre Avenue | Cupertino, CA 95014
(408) 777-3224 | www.cupertino.org
<image003.jpg>
<END Cupertino City Clerk Grace Schmidt's reply, 2/5/2018>
----- Forwarded Message -----
From: Liana Crabtree <lianacrabtree@yahoo.com>
To: Hamilton, Pamela <Pamela.Hamilton@rov.sccgov.org>; Grace Schmidt
(graces@cupertino.org) <graces@cupertino.org>
Cc: gonzales, alfred <alfred.gonzales@rov.sccgov.org>;
april.bracamonte@rov.sccgov.org <april.bracamonte@rov.sccgov.org>; Cupertino City-
Council <citycouncil@cupertino.org>; gkumarappan@cupertino.org
<gkumarappan@cupertino.org>; Christine Hanel <christineh@cupertino.org>; Nancy
Howe <nhowe@sccl.org>; Clare Varesio <cvaresio@sccl.org>; Nick Kuwada
<nkuwada@asianlawalliance.org>; colin.kutch@cob.sccgov.org
<colin.kutch@cob.sccgov.org>; Anne Ezzat <aezzat95014@gmail.com>; Hoi Poon
<hoipoon@gmail.com>
Sent: Friday, February 2, 2018, 2:38:52 PM PST
Subject: Re: Ballot Box location in Cupertino
Dear Election Process Supervisor Ms Hamilton and Cupertino City Clerk
Ms Schmidt:
Note: While I serve as a Library Commissioner for the City of Cupertino, I
write to you today as a Cupertino resident only and not as a spokesperson
for the Library Commission. The views expressed here are entirely my
5
own.
Thank you both for conferring this week and providing a prompt reply to
my queries regarding the placement of the ballot box in Civic Center Plaza
in Cupertino.
I had the pleasure of a chance meeting in front of the Cupertino Library on
Thursday, 2/1/2018 with the polling place readiness team led by April
Bracamonte. I have included Ms Bracamonte in this reply.
I have follow up comments and a few questions to Ms Hamilton's reply
dated Tuesday, 1/30/2018.
Comments
1) I regret my casual descriptions of the two alternate locations for the
ballot box has resulted in confusion regarding the specific placements I
had intended. Attached, please find photos of the suggested alternate
locations with descriptive information and measurement details. For both
alternate locations, the main entry areas to the Cupertino Library and
Community Hall are well outside the 100 ft "no campaigning" radii.
2) Thank you for identifying that the location of the ballot box placement is
determined by "transparency," compliance with the American Disabilities
Act (ADA compliant), and "convenience". I had understood that the ballot
box needed to be placed in a location that is accessible for people who
rely upon mobility devices (ADA compliant), safe for all to access, well-lit,
and adjacent to a sturdy fixed object such that a cable and lock can be
used to secure the ballot box to its intended location.
3) The 2 alternate locations I identified are ADA compliant. The location
under the Sister Cities' way finding sign is closest of the three locations
under discussion to VTA bus stops located at the transit intersection at De
Anza and Stevens Creek Blvds (VTA Routes 55/23/323).
Questions
A) What individual or entity has the authority to decide where a ballot box
will be placed within the City of Cupertino?
B) What are the objective standards for determining the "transparency" of
a ballot box location? Specifically, how is one location graded to be more
"transparent" than another location?
C) What are the objective standards for determining the "convenience" of
a ballot box location?
How is "convenience" considered when a decision must be made between
a ballot box location that subverts or negates 2 core values of the Library
District and 1 item in the work plan for the Library Commission and a ballot
box location that does not interfere with any core values or work plan
items?
6
I reassert my request that the entity responsible for placement of the
ballot box in Civic Center Plaza in Cupertino relocate the ballot box
from its October/November 2016 location to a location that will not
interfere with community engagement activities related to political
matters taking place in front of the entrances to the Cupertino
Library or Community Hall, effective on or before May 7, 2018 and
thereafter. I have offered 2 alternate locations for the ballot box and
encourage the entity responsible for this important decision to consider
either of those locations or choose a different, non-controversial location.
Sincerely,
Liana Crabtree
Cupertino resident
<START original message, sent 1/26/2018>
Dear Office of the City Clerk:
While I serve as a Library Commissioner for the City of Cupertino, I write
to you today as a Cupertino resident only and not as a spokesperson for
the Library Commission. The views expressed here are entirely my own.
As it is the City Clerk's role to serve as the Election Officer for the City, my
appeal today is a request to change the location of the drop-off ballot box
that was located adjacent to the entrance of the Cupertino Library during
the November 2016 election cycle to a location that is well outside the
100-foot "no campaigning" radius from the entrances of the Cupertino
Library and Community Hall. I request that the final resting place for the
ballot box be resolved and communicated with the Office of the Registrar
of Voters well in advance of the first day of vote-by-mail voting and early
voting for the June 2018 Primary, on or before May 7, 2018.
Locations within Civic Center Plaza that meet placement criteria of safe,
secure, accessible, and well-lit while also being located more than 100
feet from the main entrances to the Cupertino Library and Community Hall
include, but are not limited to:
+ adjacent to the way-finding sign that offers directions to the Sister Cities.
The ballot box could be placed on concrete and within Civic Center Plaza.
The ballot box could be secured to the way-finding sign in the same
manner as it had been secured to the light pole in front of the Cupertino
Library.
+ adjacent to the main entrance of City Hall. The ballot box could be
placed at the top of the stairwell and secured to a pillar that supports the
building's eaves.
As justification for moving the ballot box outside the business buffer areas
of the Cupertino Library and Communty Hall, please consider how
ensnaring libraries in election activities could be viewed as interfering with
7
these objectives from the Mission and Values Statement for the Santa
Clara County Library District (SCCLD):
Core Values, Item 5, "The library fosters life-long learning, promotes
cultural enrichment, and supports education."
Life-long learning and education are impeded if community members
cannot engage with political groups in public spaces adjacent to library
entrances during vote-by-mail voting, early voting, and on Election Day.
Core Values, Item 8, "The library ensures that physical spaces are
welcoming, safe, clean, and accessible."
If a ballot box is placed within 100 feet of library entrances, then physical
spaces adjacent to those entrances are not welcoming to political groups
during vote-by-mail voting, early voting, and on Election Day.
Please also consider the City's role in supporting this item from the 2017
Library Commission Work Plan:
Section VI. Education Initiatives, Item 4, "We will maintain an
environment in and around the Cupertino Library that is supportive of voter
education for the entire duration of each election cycle. Throughout the
year, we support the use of the area outside of the Cupertino Library and
adjacent to its entrance as a vital public space essential for facilitating the
exchange of ideas in a thriving Democracy."
Thank you for your consideration of my request to move the ballot box
located in Civic Center Plaza to a qualified location that is well outside the
100-foot "no campaigning" radius from the entrances for the Cupertino
Library and Community Hall before vote-by-mail voting and early voting
begin for the June 2018 Primary, on or before May 7, 2018 and thereafter.
Sincerely,
Liana Crabtree
Cupertino resident
REFERENCES
SCCLD Mission and Values Statement:
https://www.sccl.org/About/About-Us/Mission-and-Values
2017 Cupertino Library Commission Work Plan:
cupertino.legistar.com/gateway.aspx?M=F&ID=187d483a-6a41-4d00-
bc6e-2e8323403f3b.pdf
<END original message, sent 1/26/2018>
8
On Tuesday, January 30, 2018, 3:42:07 PM PST, Hamilton, Pamela
<Pamela.Hamilton@rov.sccgov.org> wrote:
Dear Ms. Crabtree
Thank you for your letter in regards to your concerns with the location of the Ballot Box
located at the City Library in Cupertino. After receiving your letter, we went to look at the
other locations throughout the plaza and we had to insure that the Ballot Box remains both
transparent as well as American Disabilities Act compliant.
After looking at the other locations throughout the plaza we have found they also were within
the 100 feet restrictions as well. I have discussed this with Grace Schmidt and we have found
that the current location is the most convenient for the voters of Cupertino.
Sincerely yours,
Pamela A Hamilton
Election Process Supervisor II
Vote By Mail Division
County of Santa Clara Registrar of Voters
1555 Berger Drive Bldg 2, San Jose, CA 95112
Tel # (408) 282-3018 Fax # (408) 293-6002
Email: pamela.hamilton@rov.sccgov.org
Download the free SCCVOTE mobile app for iPhone/iPad & Android:
bit.ly/sccvote
1
Kevin Khuu
From:Liana Crabtree
Sent:Wednesday, February 7, 2018 9:48 AM
To:Kevin Khuu
Cc:Gopal Kumarappan; Christine Hanel
Subject:Fwd: 3 of 4, 2/7/2018 Library Commission meeting, agenda item 4, ballot box
Attachments:image003.jpg; ATT00001.htm; image001.gif; ATT00002.htm; image002.gif;
ATT00003.htm; alt_ballot_box_locations_CUPERTINO.pdf; ATT00004.htm; image002.gif;
ATT00005.htm; image001.gif; ATT00006.htm; image003.jpg; ATT00007.htm
Hi Kevin,
Forwarding communication related to the 2/7/2018 Library Commission meeting agenda item 4 (old business),
relocation of the ballot box (3 of 4).
Please share with meeting participants if the request aligns with the requirements or provisions of the Brown
Act.
I will bring printed copies to this evening’s meeting.
Thank you,
Liana Crabtree
First attachment only (alt_ballot_box_locations_CUPERTINO.pdf).
On Tuesday, February 6, 2018, 2:29:22 PM PST, Liana Crabtree
<lianacrabtree@yahoo.com> wrote:
Dear Office of the Santa Clara County Registrar of Voters and Office of the Cupertino
City Clerk:
Note: While I serve as a Library Commissioner for the City of Cupertino, I write to you
today as a Cupertino resident only and not as a spokesperson for the Library
Commission. The views expressed here are entirely my own.
Cupertino City Clerk Ms Schmidt, thank you for your reply dated 2/5/2018.
I have included Ms Schmidt's reply just below this message as several people included
on the original message thread likely did not receive it. I have included all previous
correspondence on this topic exchanged between the Office of the Santa Clara Registrar
of Voters (SCCROV), the Office of the Cupertino City Clerk (CCC), and myself. Also for
reference, I have also included one previous attachment
(alt_ballot_box_locations_CUPERTINO.pdf) and a new attachment
(alt_ballot_box_location_CU_20180206.pdf). New attachment
alt_ballot_box_location_CU_20180206.pdf is described in Comment 2 below.
To recap, here are my questions from 2/2/2018:
2
A) What individual or entity has the authority to decide where a ballot box will be placed
within the City of Cupertino?
B) What are the objective standards for determining the "transparency" of a ballot box
location? Specifically, how is one location graded to be more "transparent" than another
location?
C) What are the objective standards for determining the "convenience" of a ballot box
location?
Because the questions are not addressed specifically in Ms Schmidt's reply, I infer
the following from what is stated in her reply:
Question A, inference) The SCCROV determines ballot box location(s) in Cupertino.
However, for any reason the City of Cupertino can decide not to offer an ballot box
locations within the City limit. Because the City Clerk serves as the Elections Officer for
the City, I understand the City Clerk decides whether or not Cupertino will host a ballot
box or not.
Question B, inference) "Transparency" is a subjective term with no shared definition
when considered by two or more people. For the purposes of this exchange and all
discussions related to ballot box placement, I suggest we refrain from using the words
"transparent" and "transparency" as they add no value.
Question C, inference) A "convenient" ballot box location offers: "ADA access, a well-lit
and safe location, and is also convenient for voters to park and drop off ballots." And, "It
is located in a site where Library employees can make sure the box isn’t tampered with
as well as advising the County when it needs emptying."
I have a few follow up comments related to Ms Schmidt's reply.
COMMENTS
1) I have two concerns regarding to the latter "convenience" criteria referenced in the
Questions C item, "It (the ballot box) is located in a site where Library employees can
make sure the box isn’t tampered with as well as advising the County when it needs
emptying."
(1a) It is my understanding that the Santa Clara County Library District (SCCLD) is
responsible for the physical space and services offered inside the library, but that the
care and handling of features and physical spaces outside the library or unrelated to
library services are the responsibility of their respective owners.
As a courtesy, I can imagine library employees would notify the SCCROV if they or library
patrons observed an overflowing, broken, or vandalized ballot box during business hours.
However, unless/until a SCCLD representative confirms otherwise, I expect the SCCLD
is not responsible for the security of the ballot box, no matter its location, or the integrity
of the ballot envelopes contained within or scattered nearby in the event of vandalism or
accident.
(1b) Even if library employees were to take a keen side interest in tending to the ballot
box, they are not available to intervene on behalf of an overflowing, broken, or vandalized
ballot box outside of business hours. In the case of vandalism, I expect we can agree that
if it were to happen, it most likely would happen after dark and long after the library has
closed and library employees have gone home.
Because the SCCLD is not responsible for the maintenance or security of the ballot box,
it is not reasonable to expect that library employees will engage as ballot box tenders or
"first responders" except by chance. Therefore, it is not reasonable to reference
engagement of library employees as an element contributing to the "convenience" of the
current and unacceptable ballot box location.
3
2) For the remaining 3 "convenience" criteria (ADA access; a well-lit and safe location;
and is also convenient for voters to park and drop off ballots), all 3 locations under
consideration (sister cities sign; city hall entrance, library entrance) meet these criteria.
ADA access is a little bit more complex. For ADA access, which voter audience takes
precedence?
For individuals with mobility challenges arriving by public transit, the location adjacent to
the sister cities sign is closest to transit stops located on De Anza and Stevens Creek
Blvds (VTA Routes 55/23/323).
For individuals with mobility challenges arriving by car, I have identified an alternate
location that is closer to the parking lot and closer to spaces designated for individuals
with handicapped placards for their cars: Lamp Post 28. Lamp Post 28 is identified with a
"28" sign affixed on its pole. Other lamp posts are not to be considered acceptable
substitutes for Lamp Post 28. If ADA access for individuals arriving by car is the highest
priority, then Lamp Post 28 is the best location for the ballot box, effective on or before
May 7, 2018 and thereafter.
We have 4 possible ballot box locations in Civic Center Plaza in Cupertino that meet the
"convenience" criteria identified by Ms Schmidt. One of the 4 locations, the
October/November 2016 ballot box location adjacent to the library entrance, is
unacceptable for the reasons related to interference with community engagement that I
have identified explicitly in my earlier messages.
It is not necessary to reject 3 acceptable ballot box locations in favor of "not (providing) a
ballot box at all for the Cupertino voters," an option offered in Ms Schmidt's reply which
appears to serve no productive purpose.
I restate the request that the SCCROV relocate the ballot box from its
October/November 2016 location to a location that will not interfere with
community engagement activities related to political matters taking place in front
of the entrances to the Cupertino Library or Community Hall, effective on or before
May 7, 2018 and thereafter.
Sincerely,
Liana Crabtree
Cupertino resident
<START Cupertino City Clerk Grace Schmidt's reply, 2/5/2018>
Good afternoon Ms. Crabtree,
Your email brought some interesting points to light in regards to the ballot box
location. For several years, the ROV chose libraries throughout all Santa Clara
County cities for the best locations for voters to be able to exercise their voter
rights. I see that the County has already responded to you regarding the spot just
outside the Cupertino Library as being the best location for a 24/7 Ballot Box. It
has the best benefits for the voters of Cupertino: ADA access, a well-lit and safe
location, and is also convenient for voters to park and drop off ballots. It is
located in a site where Library employees can make sure the box isn’t tampered
with as well as advising the County when it needs emptying. Another option is to
4
not provide a ballot box at all for the Cupertino voters which I believe would not
be to the benefit of the voters of Cupertino.
Kind Regards,
Grace Schmidt, MMC
Cupertino City Clerk
10300 Torre Avenue | Cupertino, CA 95014
(408) 777-3224 | www.cupertino.org
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To: lcrabtree@cupertino.org
From: lianacrabtree@yahoo.com
Remove this sender from my allow list
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1
Kevin Khuu
From:Liana Crabtree
Sent:Wednesday, February 7, 2018 9:50 AM
To:Kevin Khuu
Cc:Gopal Kumarappan; Christine Hanel
Subject:Fwd: 4 of 4, 2/7/2018 Library Commission meeting, agenda item 4, ballot box
Attachments:image003.jpg; ATT00001.htm; image001.gif; ATT00002.htm; image002.gif;
ATT00003.htm; alt_ballot_box_locations_CU_20180206.pdf; ATT00004.htm;
image001.gif; ATT00005.htm; image002.gif; ATT00006.htm; image003.jpg;
ATT00007.htm
Hi Kevin,
Forwarding communication related to the 2/7/2018 Library Commission meeting agenda item 4 (old business),
relocation of the ballot box (4 of 4).
Please share with meeting participants if the request aligns with the requirements or provisions of the Brown
Act.
I will bring printed copies to this evening’s meeting.
Thank you,
Liana Crabtree
Second attachment only (alt_ballot_box_locations_CU_20180206.pdf).
On Tuesday, February 6, 2018, 2:29:22 PM PST, Liana Crabtree
<lianacrabtree@yahoo.com> wrote:
Dear Office of the Santa Clara County Registrar of Voters and Office of
the Cupertino City Clerk:
Note: While I serve as a Library Commissioner for the City of Cupertino, I
write to you today as a Cupertino resident only and not as a spokesperson
for the Library Commission. The views expressed here are entirely my
own.
Cupertino City Clerk Ms Schmidt, thank you for your reply dated 2/5/2018.
I have included Ms Schmidt's reply just below this message as several
people included on the original message thread likely did not receive it. I
have included all previous correspondence on this topic exchanged
between the Office of the Santa Clara Registrar of Voters (SCCROV), the
Office of the Cupertino City Clerk (CCC), and myself. Also for reference, I
2
have also included one previous attachment
(alt_ballot_box_locations_CUPERTINO.pdf) and a new attachment
(alt_ballot_box_location_CU_20180206.pdf). New attachment
alt_ballot_box_location_CU_20180206.pdf is described in Comment 2
below.
To recap, here are my questions from 2/2/2018:
A) What individual or entity has the authority to decide where a ballot box
will be placed within the City of Cupertino?
B) What are the objective standards for determining the "transparency" of
a ballot box location? Specifically, how is one location graded to be more
"transparent" than another location?
C) What are the objective standards for determining the "convenience" of
a ballot box location?
Because the questions are not addressed specifically in Ms
Schmidt's reply, I infer the following from what is stated in her reply:
Question A, inference) The SCCROV determines ballot box location(s) in
Cupertino. However, for any reason the City of Cupertino can decide not
to offer an ballot box locations within the City limit. Because the City Clerk
serves as the Elections Officer for the City, I understand the City Clerk
decides whether or not Cupertino will host a ballot box or not.
Question B, inference) "Transparency" is a subjective term with no shared
definition when considered by two or more people. For the purposes of
this exchange and all discussions related to ballot box placement, I
suggest we refrain from using the words "transparent" and "transparency"
as they add no value.
Question C, inference) A "convenient" ballot box location offers: "ADA
access, a well-lit and safe location, and is also convenient for voters to
park and drop off ballots." And, "It is located in a site where Library
employees can make sure the box isn’t tampered with as well as advising
the County when it needs emptying."
I have a few follow up comments related to Ms Schmidt's reply.
COMMENTS
1) I have two concerns regarding to the latter "convenience" criteria
referenced in the Questions C item, "It (the ballot box) is located in a site
where Library employees can make sure the box isn’t tampered with as
well as advising the County when it needs emptying."
(1a) It is my understanding that the Santa Clara County Library District
(SCCLD) is responsible for the physical space and services offered inside
the library, but that the care and handling of features and physical spaces
outside the library or unrelated to library services are the responsibility of
3
their respective owners.
As a courtesy, I can imagine library employees would notify the SCCROV
if they or library patrons observed an overflowing, broken, or vandalized
ballot box during business hours. However, unless/until a SCCLD
representative confirms otherwise, I expect the SCCLD is not responsible
for the security of the ballot box, no matter its location, or the integrity of
the ballot envelopes contained within or scattered nearby in the event of
vandalism or accident.
(1b) Even if library employees were to take a keen side interest in tending
to the ballot box, they are not available to intervene on behalf of an
overflowing, broken, or vandalized ballot box outside of business hours. In
the case of vandalism, I expect we can agree that if it were to happen, it
most likely would happen after dark and long after the library has closed
and library employees have gone home.
Because the SCCLD is not responsible for the maintenance or security of
the ballot box, it is not reasonable to expect that library employees will
engage as ballot box tenders or "first responders" except by chance.
Therefore, it is not reasonable to reference engagement of library
employees as an element contributing to the "convenience" of the current
and unacceptable ballot box location.
2) For the remaining 3 "convenience" criteria (ADA access; a well-lit and
safe location; and is also convenient for voters to park and drop off
ballots), all 3 locations under consideration (sister cities sign; city hall
entrance, library entrance) meet these criteria.
ADA access is a little bit more complex. For ADA access, which voter
audience takes precedence?
For individuals with mobility challenges arriving by public transit, the
location adjacent to the sister cities sign is closest to transit stops located
on De Anza and Stevens Creek Blvds (VTA Routes 55/23/323).
For individuals with mobility challenges arriving by car, I have identified an
alternate location that is closer to the parking lot and closer to spaces
designated for individuals with handicapped placards for their cars: Lamp
Post 28. Lamp Post 28 is identified with a "28" sign affixed on its pole.
Other lamp posts are not to be considered acceptable substitutes for
Lamp Post 28. If ADA access for individuals arriving by car is the highest
priority, then Lamp Post 28 is the best location for the ballot box, effective
on or before May 7, 2018 and thereafter.
We have 4 possible ballot box locations in Civic Center Plaza in Cupertino
that meet the "convenience" criteria identified by Ms Schmidt. One of the 4
locations, the October/November 2016 ballot box location adjacent to the
library entrance, is unacceptable for the reasons related to interference
with community engagement that I have identified explicitly in my earlier
messages.
4
It is not necessary to reject 3 acceptable ballot box locations in favor of
"not (providing) a ballot box at all for the Cupertino voters," an option
offered in Ms Schmidt's reply which appears to serve no productive
purpose.
I restate the request that the SCCROV relocate the ballot box from its
October/November 2016 location to a location that will not interfere
with community engagement activities related to political matters
taking place in front of the entrances to the Cupertino Library or
Community Hall, effective on or before May 7, 2018 and thereafter.
Sincerely,
Liana Crabtree
Cupertino resident
<START Cupertino City Clerk Grace Schmidt's reply, 2/5/2018>
Good afternoon Ms. Crabtree,
Your email brought some interesting points to light in regards to the ballot box
location. For several years, the ROV chose libraries throughout all Santa Clara
County cities for the best locations for voters to be able to exercise their voter
rights. I see that the County has already responded to you regarding the spot just
outside the Cupertino Library as being the best location for a 24/7 Ballot Box. It
has the best benefits for the voters of Cupertino: ADA access, a well-lit and safe
location, and is also convenient for voters to park and drop off ballots. It is
located in a site where Library employees can make sure the box isn’t tampered
with as well as advising the County when it needs emptying. Another option is to
not provide a ballot box at all for the Cupertino voters which I believe would not
be to the benefit of the voters of Cupertino.
Kind Regards,
Grace Schmidt, MMC
Cupertino City Clerk
10300 Torre Avenue | Cupertino, CA 95014
(408) 777-3224 | www.cupertino.org