2024 Budget testimony by the Onondaga County Board of Elections

(I always release testimony given to official public bodies on my website. On September 15th, 2023 Commissioner Sardo and I submitted this testimony in writing as we were not afforded a budget hearing at the Onondaga County Legislature outlining some of the shortcomings of the Executive budget proposal for the 2024 Onondaga County Board of Elections budget. Negotiations are ongoing and the legislature at this time has not finalized the budget, but I wanted to release this testimony now for transparencies’ sake.)

Joint 2024 Budget Statement by Commissioner Czarny and Sardo

Onondaga County Board of Elections

2024 Executive Budget

September 15, 2023

After reviewing the 2024 Executive budget for the Department of the Board of Elections, we would like to communicate our concerns towards the budget reductions.  It was expressed to us that the figures derived were the result of simulating the 10% increase between 2016 and 2020 actual spending.  Elections have changed radically in 2019 with the advent of Early Voting.  They further changed in 2021 with expanded early voting and full day statewide primaries.  Much of the 2020 spending was diverted to grant spending like HAVA, ITC, and the Federal CARES act, none of which is available this year.

Reductions to the 103 Budget line.

2020 only had one consolidated primary, as the Presidential Primary was moved and combined with the June Primary.  In 2020, Primary Election Day hours were 12pm to 9pm.  By state law, the hours required for all primaries are 6am to 9pm.  This means that in 2020 we had to field Election Day inspectors for only 28 hours (11 for the June combined primary and 17 for the November General Election).  In 2024, with two full day primaries and a general election at 17 hours a piece that is a total of 51 hours of Election Day funding.  That is an 80% increase from 2020.  This is a mandatory expense. 

In 2020, we were only mandated to have 6 early voting sites for a total of 78 hours of operation per site     (10 hours on all 5 weekdays and 7 hours on each of the 4 weekend days).  That is a total of 468 staffed early voting hours per election.  In 2020, we only had two elections, totaling 936 staffed early voting hours. In 2024, we will be mandated to have 10 sites for all three elections instead of 6 sites.  In addition, all 9 days of early voting will be 10-hour shifts for the inspectors for a total of 90 hours per site.  That is 900 staffed early voting hours per election.  With 3 elections in 2024, that is a total of 2,700 hours of staffed early voting hours.  That is a 188% increase from 2020.  This is a mandatory expense. 

In 2020, we paid inspectors $12 per hour.   In 2024, we pay them $15 per hour per New York State minimum wage requirement.  That is a 25% increase from 2020.  This is a mandatory expense. 

In 2020, we paid our inspectors a flat fee of $25 per training class.  Since then, the county and IRS has designated the inspectors as employees and not contract workers.  This not only meant we must pay them minimum wage for their mandatory yearly certification class, but we also had to include an additional instructional hour dedicated to mandatory sexual harassment training.  This resulted in a     3.5-hour certification class in which an inspector will be paid $52.50.  That is a 110% increase from 2020. This is a mandatory expense. 

In 2020, we only had to bring in the Machine Technicians to perform mandatory logic and accuracy testing and work 2 election days.  2024 will require the same work for all three elections.  That is a 33% increase from 2020.  This is a mandatory expense. 

Attempt by Board of Elections to save on costs. 

We have attached an updated spreadsheet with our requirements for the 103 budget line.  It details the number of inspectors for each polling place needed, training costs, early voting costs, and costs for the Machine Technicians who are brought in each election to supervise polling places and perform maintenance on the voting equipment.  After careful re-examining and detailing the need of this department based on the most up to date information, we have identified some potential savings. 

We are cognizant that increased stipulations to the county and the lack of grant funding is a significant burden to the county. That is why the commissioners have used technology to significantly reduce the number of inspectors we deploy.  Here is how: 

NYS Election Law 3-400 requires the deployment of 4 election inspectors for every election district in the county.  We have 436 election districts in Onondaga County.  This would require the deployment 1,744 election inspectors.  If we held to that plan for all three elections, it would cost the county almost $1.9 million on the 103 budget line.  A link to that election law is provided below: 

https://www.nysenate.gov/legislation/laws/ELN/3-400

The Onondaga County Board of Elections has used technology and alternative staffing plans for the primary and general elections that significantly reduce our inspector deployment.  We also have reduced our inspector deployment from nearly 1,500 inspectors in 2016 to a proposed 1,220 inspectors in the General Election of 2024.  We have already reduced polling places (-30 from 2019) and Machine Technicians (down from 26 to 24) in hopes of operating more efficiently as well.  All of this was done as voter enrollment has grown from 285k to approximately 305k.   

By introducing Clearballot systems, we feel secure in reducing the number of inspectors needed to deploy.   However, the definitive news that minimum wage will rise to $15/hr. tapped down our hopes for larger savings.  Still, we were able to lower our request by over $50k to $1,646,873.25. 

Reductions to the 101 and 102 lines 

Finally, we ask the county to take another look at our request for more permanent staff on the 101 budget line.  Currently Onondaga County staffs its elections board at the worst rate when compared to other county boards across the state.  When the election reforms of 2019 were passed, many counties added personnel yearly to accommodate the new requirements.  Even in 2019, the Onondaga County Board was one of the worst staffed in the state and we did not add any permanent positions until the legislature added 2 in 2022 and 2 more in 2023. 

However, even with those positions added Onondaga County remains, by far, the least staffed in New York State.  Onondaga has 1 full time employee for every 15,224.30 voters.  New York State averages 1 full time employee for every 7,206.09 voters.  Upstate New York averages 1 full time employee for every 7,512.49 voters.  Large counties over 100k average 1 full time employee for every 8,257.72 voters.  Other counties are continuing to add to their roster as 2024 approaches.  Even if we add employees, as asked, it is likely we will remain in the bottom fifth of Election Boards across the state.  See the relevant data in this spreadsheet on our website: 

http://www.ongov.net/elections/documents/NYSBudgetEmployeeComparisons.xlsx 

Adding 2 Voting Machine Custodians to help our warehouse team deal with the influx of technology we have is vital to our operations.  We have added 450 Know Ink Poll Pads, 150 Know Ink Poll print on-demand printers, and now 225 Clear Ballot Scanners and 175 Clear Mark Ballot Marking Devices over the last 4 years.  This is an investment of nearly $6 million in Federal and State grants as well as County Capital funds.  We need the additional 2 Voting Machine Custodians to pair with our 2 existing Voting Machine Custodians to keep this investment up to date and working for the voters. 

We are also asking for 4 additional Election Clerk 2 positions.  In the 2024 election, we expect the addition of automatic registration, expanded use of online registration, 10-day registration cut off and early voting by mail will create a permanent need for more highly trained staff.  These election clerk 2 positions can focus on voter registration and assist the absentee department in processing absentees.   

Registration forms processed by our department has grown by over 200% in recent years.  As was highlighted by our neighbor the Oneida County Board of Elections in 2020, not processing registration forms that are timely is not only illegal, but it also leads to national news stories of embarrassing nature.  We are determined to avoid this mistake.  See this spreadsheet on our website: 

http://www.ongov.net/elections/documents/AnnualRegistrationFormsProcessedData.xlsx 

Even adding the 6 additional employees, Onondaga County’s ratios of full-time employee to voter would be only 1 for every 11,750 voters, well below the state average and likely in the bottom fifth for next year. 

Our request for overtime on the 102 line was nearly met.  However, that was considering the addition of 6 permanent and 6 temporary personnel.  If our department were not to have those personnel, the need for overtime will increase from our submitted request.  However, to burden our staff with that type of overtime is not healthy nor sustainable.  We have already had a half dozen employees leave our Board to retire early or seek other employment since 2020.  The number one reason they cite for leaving is the mandatory overtime around election time to catch up on the registration burden.   

Using 2022 Actual Spending as a template is more accurate but does not go far enough.

Using 2022 actual spending as a barometer to base the Board of Elections 2024 budget may be more accurate.  However, adjustment to those numbers need to be made in order to properly fund election operations.  In, 2022 we had three elections; two primaries and a general election.  The Board of Elections has already applied the actual spending in 2022 as a guide to come up with much of the 2024 budget submission.  It is important to remember that what drives cost upward from the actual spending in 2022 to 2024, is the sheer volume of participation that a Presidential election creates.  The voter turnout in the 2022 primaries was 14.60% (June) & 16.93% (August).  The 2020 Democratic primaries was doubled in comparison at 32.80%.  The nature of this primary was uncontentious yet still turning out a significant voter participation.  The 2016 Presidential turnout was 41.56% and the 2018 midterm primary turnout was 18.33%.  

The general election for 2022 had a 56.23% turnout and the 2020 election had a 77.02% turnout.  We anticipate a significant increase in voter participation in 2024 than 2022.  This means more registration forms and more absentee applications to process throughout the year.   In 2020, we processed 107,289 registration forms.  In 2022, we processed 66,308 forms.  In 2020, we processed 101,259 absentee forms in 2 elections but that was certainly increased because of COVID.  In 2022, we processed 25,355 absentee application over 3 elections.  As turnout rises, participation of each form of voting rises as well.   Increased participation requires more staff needed to process registration and absentee applications and ballots, as well as more inspectors at the polls to process the voters heading to their poll sites.  Historically, the Board of Elections has hired a minimum of six temporary staff members in Presidential election years.  The necessity of temporary staff members is greater now more than ever to meet the recent changes in election law.

Election law changes will also drive costs upward from 2022.  In 2023, online voter registration through NYSBOE was launched.   In 2024, early voting by mail as well as automatic voter registration will launch.   All these bills together should generate even more registration and absentee work for our permanent and temporary staff in 2024.  Best estimates by advocates and state board personnel indicate we could see an immediate jump of 25-30% registration in 2024. 

We are requesting a hearing the week of September 25^th or later so we can take questions and present our testimony to the Onondaga County Legislature.  These significant reductions in our bi-partisan request not only will impair our ability to serve the voters of Onondaga County, but it will also harm the health of our existing staff.  The funding levels also reflect several seeming violations of election law.  We will be facing a choice to spending significantly more than is allocated or violating our oath to serve the voters of Onondaga County. 

We hope you will see the need to invest in our democracy by properly funding and staffing our Board of Elections as we head into one of the most pivotal and highly contested elections in our generation.