The findings of watchdog group Judicial Watch can be confirmed. They reported that Jefferson County was one of 353 counties across the nation with more registered than eligible voters. With their data in hand and having received a lengthy statement from Jefferson County Auditor Rose Ann Carroll, I can say that the Judicial Watch findings are substantially correct.

Judicial Watch’s voter information came from the Washington Secretary of State’s data. Judicial Watch obtained its number of eligible voters from the 2018 American Community Survey (ACS). ACS surveys are sent to 3.5 million households each month, and, according to Judicial Watch “are considered to be the most reliable estimates outside the decennial census.” The U.S. Census Bureau describes the ACS as “the premiere source for detailed population and housing information about our nation.” The 2018 survey was the culmination of five years of data collection and is the most recently reported ACS survey.

Judicial Watch found that Jefferson County had a total of 29,221 registered voters compared to 26,308 eligible voters resulting in having 11.107% more registered votes on its rolls than people of voting age.

I calculated slightly different numbers. The 2018 ACS I was able to locate reported that Jefferson County had a population of 30,856, with 3,926 under the age of 18. That results in an eligible voting population of 26,930. However you cut it, Jefferson County, has more registered than eligible voters.

Auditor Carroll provided me with the county’s latest numbers which show a total of 30,107 registered voters, again more than the number of eligible voters.

But Jefferson County has grown since the end of 2018, one might say. Could that explain away the problem?

The answer is “no.” The Census Bureau does put out other estimates of population data that are not as reliable as the five-year collection of data in the ACS. Its 2019 Vintage Estimate pegs Jefferson County’s population at 32,221, an increase of 1,365 or an annual increase of 4.4%. One could quibble with that estimate: where did those 1,365 new people find housing in a county with a vacancy rate of 0% that is producing very, very few new housing units? We don’t have that many babies, and our sizable old population means a larger percentage of the population than average dies each year.

Even accepting data that the Census Bureau does not promote as superior to the ACS data, we still have more registered than eligible voters. The 2019 Vintage Estimate figures indicate 3,802 persons under age 18, resulting in an eligible voting population of 28,419, once again substantially below the registered voter total reported by Auditor Carroll.

So what’s going on? 

First off, this does not indicate a huge voter fraud problem, but rather one that exposes Jefferson County to litigation to force it to clean up its voter rolls and close the door on the potential for voting misconduct.

Judicial Watch’s nationwide study showed “1.8 million excess, or ‘ghost’ voters in 353 counties across 29 states,” said Judicial Watch President Tom Fitton. “The data highlights the recklessness of mailing blindly ballots and ballot applications to voter registration lists. Dirty voting rolls can mean dirty elections.”

Judicial Watch has successfully sued a number of governmental entities for violating the National Voter Registration Act of 1993 by carrying large numbers of inactive voters on their rolls–what Judicial Watch calls “ghost voters.’

In Jefferson County we have more registered than eligible voters because our rolls are carrying 2,266 inactive voters.  According to the Secretary of State of Washington, “If an election-related piece of mail is returned by the post office as undeliverable to the voter at that address, the registration is placed on ‘inactive’ status. A voter who is on inactive status may return to active status at any time by updating his or her address, requesting a ballot, or submitting a new voter registration application.”

But our active voter roll also includes people who receive ballots though they should not be voting here.  We have reported several instances of people in Texas and Arizona getting Jefferson County ballots, and a woman in Jefferson County receiving a ballot for her daughter who moved to Texas years ago. One reason is, as we reported here, that the Auditor has selected a mail forwarding option with the USPS that results in the ballot following someone to addresses outside the county instead of being returned when it cannot be delivered to their previous Jefferson County address. There is an option that would prevent this from happening, but it is not the one selected by the Auditor.

While it is illegal for these people to vote in a Jefferson County election, there is nothing to stop them and little chance they would be caught. There is no national registry that would automatically catch people voting in different states, and it does happen. Instead of an enforcement mechanism to prevent such voter fraud, we have an honor system. A Pew Study in 2012 found that 2.75 million people were registered to vote in more than one state, and as many as 70,000 in three or more states. As Carroll explained in her email to us, it is up to the voter to take their name off our rolls when they move away. “A change of address via the United States Postal Service,” Carroll explained, “doesn’t mean that one’s voter registration is automatically cancelled and reassigned.”

In an attempt to catch people voting in different states, Washington and 29 other states are members of the Electronic Registration Information Center (ERIC). “ERIC  members regularly exchange information about registered voters with member states comparing election information to detect double voters,” says Carroll.

What is Carroll’s response to the findings of Judicial Watch that Jefferson County has more registered than eligible voters (which I have confirmed)?  “VoteWA is Washington State’s registration system. The VoteWA system is secured by highly skilled Office of the Secretary of State IT staff and Security Operations Center, using state of the art equipment and following IT industry best practices.  All 39 counties use VoteWA.”

That is true, but it doesn’t contradict the findings by Judicial Watch. Thirteen other Washington counties share our problem. This is the very sort of failure at cleaning up voting rolls that keeps Judicial Watch lawyers busy.

Auditor Carroll spent a good deal of time composing her statement. It provides a good primer on many aspects of Washington’s voting laws and practices. It is the policy of the Port Townsend Free Press to publish in full all written responses to our written inquires. Accordingly, here it is:

Basic Information About Ballot Counting and Signature Checking of Every Ballot

Washington’s system of voting is in Chapter 29A.40 RCW.  RCW 29A.40.010 states:  “Each active registered voter shall continue to receive a ballot by mail until the death or disqualification of the voter, cancellation of the voter’s registration, or placing the voter on inactive status.”  The County sends ballots to voters with a return envelope.  RCW 29A.40.091(1).  The return envelope contains a statement that the voter must sign under penalty of perjury “that it is illegal to vote if he or she is not a United States citizen; it is illegal to vote if he or she has been convicted of a felony and has not had his or her voting rights restored; and it is illegal to cast a ballot or sign a ballot declaration on behalf of another voter.” RCW 29A.40.091(2).  All received return envelopes must be placed in secure locations from the time of delivery to the county auditor until their subsequent opening.  RCW 29A.40.110(1).

RCW 29A.40.110 requires that all signatures on return envelops must be verified against registration records. All personnel assigned to verify signatures must receive training on statewide standards for signature verification. Personnel must verify that the voter’s signature on the ballot declaration is the same as the signature of that voter in the registration files of the county.  Election observers appointed by the major political parties are present during the processing of the ballots at the County counting center.  RCW 29A.40.100.

Jefferson County follows the required process completely and faithfully.

Basic Information about the Security of the Tabulation Systems Used in Washington

Washington employs paper-based systems, including voter verifiable paper audit trails, independent testing, pre- and post-election audits, and physical security of tabulation equipment.

Before a tabulation system can be used in Washington, the state requires testing at a federally approved independent testing lab. These expert testers include security reviews as a part of their overall testing efforts.

Then, systems are tested at the state level and reviewed by Washington’s voting systems certification board, comprised of technology experts, accessibility experts, and certified county election officials.

Counties must then perform acceptance testing and logic and accuracy testing prior to every election. The Washington Secretary of State’s office conducts post-election audits, where they draw precincts and races at random and compare the vote totals from the tabulator to a hand count of ballots before the election is certified.

How can voter move out of Washington State & receive a ballot to vote in Jefferson County?

Voting twice in any election is a felony. Thirty states including Washington are members of the Electronic Registration Information Center (ERIC). ERIC members regularly exchange information about registered voters with member states comparing election information to detect double voters.

The United States doesn’t have a universal registration system.  Rather, each state has their own voter registration system and data.  When voters move from one state to another, they have an obligation to cancel their registration and re-enroll at their new address.  We work hard to convey this at every opportunity.  This is true wherever you live, regardless of polling place or Vote-By-Mail. If you are registered to vote in Arizona and then move to Oregon, your name will remain in the poll books in Arizona until you notify the registrar that you have moved to Oregon. And since Arizona allows absentee voting, you could certainly receive a mailed Arizona ballot while you are in Oregon.

If someone is an active voter in Washington State even if they have been temporarily assigned to a new work location, gone away to college or seasonally go to a warmer climate for the Winter they are still eligible to receive a ballot. We would hate to see them miss an election since they took the time to register to vote in Washington State.

If someone no longer wishes to be a Washington State voter.  The voter must terminate their registration by notifying us by written notification which must include their signature.  A change of address via the United States Postal Service doesn’t mean that one’s voter registration is automatically cancelled and reassigned. 

Anyone who is registered to vote in one state and moves to another state has an obligation to do the responsible thing and update their voter registration with the state they moved from and the state they moved to.

Judicial Watch claim of having more registered voters than eligible voters in Jefferson County.

 VoteWA is Washington State’s registration system. The VoteWA system is secured by highly skilled Office of the Secretary of State IT staff and Security Operations Center, using state of the art equipment and following IT industry best practices.  All 39 counties use VoteWA.  Jefferson County has the ability to run a report that will give us the following information as of the last update done at the State level.

County                 Jefferson                                            

Active                    Voter is fully qualified to vote.  (Receives a Ballot)

Inactive                Notification received from USPS that election mail sent to the voter was undeliverable or the voter moved out of the county. (Does not receive a Ballot)          

Pending               Record is processing or an issue must be resolved. (Does not receive a Ballot)

Active + Inactive + Pending = Total Registered Voters