To: mike.wasserman@bos.sccgove.org <mike.wasserman@bos.sccgove.org>; cccorrigan@losaltoshills.ca.gov <cccorrigan@losaltoshills.ca.gov>; joe.simitian@bos.sccgov.org <joe.simitian@bos.sccgov.org>; richw@cityofcampbell.com <richw@cityofcampbell.com>; sscharf@cupertino.org <sscharf@cupertino.org>; dion.bracco@ci.gilroy.ca.us <dion.bracco@ci.gilroy.ca.us>; jmordo@losaltosca.gov <jmordo@losaltosca.gov>; gbarbadillo@ci.milpitas.ca.gov <gbarbadillo@ci.milpitas.ca.gov>; bcraig@cityofmontesereno.org <bcraig@cityofmontesereno.org>; stevetate@charter.net <stevetate@charter.net>; elo@saratoga.ca.us <elo@saratoga.ca.us>; dave.cortese@bos.sccgov.org <dave.cortese@bos.sccgov.org>; ken.yeager@bos.sccgov.org <ken.yeager@bos.sccgov.org>; lizg@cityofcampbell.com <lizg@cityofcampbell.com>; bchang@cupertino.org <bchang@cupertino.org>; fred.tovar@ci.gilroy.ca.us <fred.tovar@ci.gilroy.ca.us>; lleeeng@losaltosca.gov <lleeeng@losaltosca.gov>; mwu@losaltoshills.ca.gov <mwu@losaltoshills.ca.gov>; aphan@ci.milpitas.ca.gov <aphan@ci.milpitas.ca.gov>; ewolsheimer@cityofmontesereno.org <ewolsheimer@cityofmontesereno.org>; caitlin.jachimowicz@morganhill.ca.gov <caitlin.jachimowicz@morganhill.ca.gov>; rkumar@saratoga.ca.us <rkumar@saratoga.ca.us>
Cc: Tracy Ellenberger <tellenberger@sccl.org>; Nancy Howe <nhowe@sccl.org>; Nick Kuwada <REDACTED>; Hoi Poon <REDACTED>; steve.chessin@cfer.org <REDACTED>; Alice Smith <REDACTED>
Sent: Wednesday, April 25, 2018, 6:00:35 AM PDT
Subject: Request for Amendment to Draft Resolution JPA-9 4/26/2018, SCCLD JPA Meeting, April 26, 2018
Dear Chair, Vice Chair, Members, and Alternate Members of the Joint Powers Authority Board for the Santa Clara County Library District:
Current draft resolution:
"Resolved that Santa Clara County Library District (SCCLD) will cooperate with the Santa Clara County Registrar of Voters (ROV) to increase voter participation. This cooperation may include libraries serving as a polling site and/or locating ballot return boxes inside County Library facilities if requested by the ROV."
Requested amendment:
"Resolved that Santa Clara County Library District (SCCLD) will cooperate with the Santa Clara County Registrar of Voters (ROV) to increase voter participation. This cooperation will not include libraries serving as polling polling sites and/or locating ballot return boxes inside County Library facilities."
Please consider "no support" for voting inside libraries and near library entrances for the reasons identified below and supported by information provided in the forwarded messages and links included in this thread.
No Support for Voting Inside Libraries or near Library Entrances
1) Areas adjacent to library entrances are vital public spaces where community members may share political information in advance of an election. When we insert polling sites inside libraries and near library entrances, we silence free speech in these popular public spaces for the 4 or 10 days prior to every election. Whereas well-funded special interests often have affiliations that allow them to connect with the public in front of commercial spaces, such as stores or entertainment venues, grassroots community groups have no access to private property locations if commercial property owners perceive the issues raised by grassroots groups could be contrary to their business interests. The 4 to 10 days leading up to Election Day are critical for person-to-person voter outreach. Public spaces, including those located near library entrances, must be preserved for essential voter engagement activities.
2) While offering voters a safe place to cast their ballots is a necessary prerequisite for voter participation, it is not sufficient for ensuring voter turnout. Voters must become informed about the issues and engaged sufficiently to care about the election outcome to decide that they will vote at all for measures or candidates. If we silence free speech in front of libraries and near library entrances for 4 or 10 days in advance of elections (due to "no campaigning" laws within 100 feet of polling sites), community members have few remaining well-trafficked, no-cost venues where they can meet each other to discuss ballot measures and candidates.
3) Most voters in Santa Clara County vote by mail. Each vote-by-mail ballot includes a postage-paid envelope, which means every mailbox is now available as a free and safe space where voters can cast their ballots. If the Registrar of Voters is concerned about maintaining safe spaces for people to cast their ballots, then it can redirect resources away from setting up polling sites inside libraries and in favor of dedicating more resources to encouraging people to vote by mail and return their ballots via the postal service.
4) Regarding voting inside libraries, when residents voted to build and fund libraries in their communities did they reasonably expect they would be ceding a portion of those spaces for 8 or 20 days per election year to the Registrar of Voters for purposes unrelated to library services and programming? How did library patrons indicate that they are supportive of surrendering their community meeting, programming, and study spaces for exclusive use by the Registrar of Voters for 8 or 20 days every election year? When library patrons consider the loss of their free speech rights as part of the price they will pay to have voting inside libraries or near library entrances, how many would agree "voting in libraries" is a just or reasonable use of their library facilities?
Thank you for your consideration of my request to amend Resolution JPA-9 4/26/2018 as stated above.
Sincerely,
Liana Crabtree
Cupertino resident, writing on behalf of myself only
I am writing to request an amendment to Resolution JPA-9 4/26/2018 to be considered at the April 26, 2018 meeting of the Joint Powers Authority Board for the Santa Clara County Library District.
(Meeting Information packet, PDF pp 55-57: https://www.sccl.org/getattachment/About/Governance/JPA-Board-Meetings/JPA-Meeting-Schedule/2018/April-26-at-1-30-p-m/JPA-Meeting-Packet-04-26-18.pdf.aspx?ext=.pdf)
"Resolved that Santa Clara County Library District (SCCLD) will cooperate with the Santa Clara County Registrar of Voters (ROV) to increase voter participation. This cooperation may include libraries serving as a polling site and/or locating ballot return boxes inside County Library facilities if requested by the ROV."
Requested amendment:
"Resolved that Santa Clara County Library District (SCCLD) will cooperate with the Santa Clara County Registrar of Voters (ROV) to increase voter participation. This cooperation will not include libraries serving as polling polling sites and/or locating ballot return boxes inside County Library facilities."
Please consider "no support" for voting inside libraries and near library entrances for the reasons identified below and supported by information provided in the forwarded messages and links included in this thread.
No Support for Voting Inside Libraries or near Library Entrances
1) Areas adjacent to library entrances are vital public spaces where community members may share political information in advance of an election. When we insert polling sites inside libraries and near library entrances, we silence free speech in these popular public spaces for the 4 or 10 days prior to every election. Whereas well-funded special interests often have affiliations that allow them to connect with the public in front of commercial spaces, such as stores or entertainment venues, grassroots community groups have no access to private property locations if commercial property owners perceive the issues raised by grassroots groups could be contrary to their business interests. The 4 to 10 days leading up to Election Day are critical for person-to-person voter outreach. Public spaces, including those located near library entrances, must be preserved for essential voter engagement activities.
2) While offering voters a safe place to cast their ballots is a necessary prerequisite for voter participation, it is not sufficient for ensuring voter turnout. Voters must become informed about the issues and engaged sufficiently to care about the election outcome to decide that they will vote at all for measures or candidates. If we silence free speech in front of libraries and near library entrances for 4 or 10 days in advance of elections (due to "no campaigning" laws within 100 feet of polling sites), community members have few remaining well-trafficked, no-cost venues where they can meet each other to discuss ballot measures and candidates.
3) Most voters in Santa Clara County vote by mail. Each vote-by-mail ballot includes a postage-paid envelope, which means every mailbox is now available as a free and safe space where voters can cast their ballots. If the Registrar of Voters is concerned about maintaining safe spaces for people to cast their ballots, then it can redirect resources away from setting up polling sites inside libraries and in favor of dedicating more resources to encouraging people to vote by mail and return their ballots via the postal service.
4) Regarding voting inside libraries, when residents voted to build and fund libraries in their communities did they reasonably expect they would be ceding a portion of those spaces for 8 or 20 days per election year to the Registrar of Voters for purposes unrelated to library services and programming? How did library patrons indicate that they are supportive of surrendering their community meeting, programming, and study spaces for exclusive use by the Registrar of Voters for 8 or 20 days every election year? When library patrons consider the loss of their free speech rights as part of the price they will pay to have voting inside libraries or near library entrances, how many would agree "voting in libraries" is a just or reasonable use of their library facilities?
Thank you for your consideration of my request to amend Resolution JPA-9 4/26/2018 as stated above.
Sincerely,
Liana Crabtree
Cupertino resident, writing on behalf of myself only
+ + + + +
2/23/2018
Dear members of the Santa Clara County Citizens' Advisory Commission on Elections and all others for whom this communication holds relevance:
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 a spokesperson for the Library Commission. The views expressed here are entirely my own.
"As trusted, neutral, safe spaces, libraries are ideal institutions to lead dialogue and deliberation efforts in communities."
- American Library Association, Libraries Transforming Communities
"The library fosters life-long learning, promotes cultural enrichment, and supports education."
- Santa Clara County Library District, Core Values, Item 5
"The library ensures that physical spaces are welcoming, safe, clean, and accessible."
- Santa Clara County Library District, Core Values, Item 8
"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."
-2017 Cupertino Library Commission Work Plan, Section VI Education Initiatives, Item 4
Our libraries reside at the heart of our communities. Libraries and the public spaces that invite us into our libraries must be protected at all times as venues for information sharing, for challenging our assumptions, and for civic engagement.
Like libraries, polling places, including mail-in ballot drop-off boxes and "early voting" in-person polling venues, also serve an essential civic role, but it is a role that is not compatible with the charter of the library. As a result, it is not acceptable to locate polling places where they could interfere with the role of the library (and its entrance) as the center of public discourse.
Consider that without public spaces such as libraries, public plazas, and parks, community members have very few venues where they can meet each other to discuss community concerns, candidates, and ballot measures in advance of an election. When polling places are inserted in public venues such that direct access points to library entrances are eclipsed by the 100-foot "no campaigning" radius that encircles the polling place, opportunities for necessary information sharing are shut down right at the time when community members are seeking information about items on their ballot.
On 2/7/2018, following public comment from five (5) community members who spoke against locating polling places in or near libraries, the Cupertino Library Commission voted in favor of drafting a letter to the following entities requesting that polling places not be located in or near public libraries (4/0/1 in favor, Commissioner Kumarappan was absent):
RECIPIENTS
Santa Clara County Citizens' Advisory Commission on Elections
Office of the Santa Clara County Registrar of Voters
Cupertino City Council
Office of the Cupertino City Clerk
COURTESY NOTIFICATION
Santa Clara County Library District Joint Powers Authority Board
During the 2/7/2018 Library Commission meeting, the commissioners queried Cupertino Assistant Director of Recreation and Community Services Christine Hanel in her role as staff liaison for the Library Commission regarding protocol for sending communication to entities outside the City. Ms Hanel informed those present that she had spoken with a representative from the City Attorney's Office and that "nothing prevented" the Library Commission from communicating with outside entities.
Indeed, I have read the 2018 Commissioner's Handbook and while it does say commissioners "will be asked to provide recommendations to the City Council about specific issues," nowhere does it say that communication from commissioners is exclusive to the City Council nor does it say that commission members are forbidden from communicating with anyone.
On Presidents' Day, 2/19/2018--one day before the final February 2018 City Council meeting--I received a message from Cupertino Assistant City Manager Jacqueline Guzmán with the following notification regarding the Library Commission's intention to draft a letter requesting that polling places not be located in or near public libraries:
"Given that the ballot box issue does not align with the City's 2018 Legislative Agenda, the LAC (Legislative Advocacy Committee) will not be weighing in on this issue. You should submit a request directly to Council. You may request to add an item to a Council agenda through the support of the Mayor or two Council Members."
The Cupertino City Council next meets on Tuesday, 3/6/2018, the same evening the Santa Clara County Citizens' Advisory Commission on Elections meets.
The Cupertino Library Commission next meets on Wednesday, 3/7/2018.
While I do not have a letter from the Cupertino Library Commission to share with you given the new communication guidance suggested by the City and no opportunity to meet with fellow Commissioners until March 7, I can imagine--with no authority--that if such a letter were to exist it might request the following actions from your respective decision-making bodies and offices:
I expect such a letter would express deep appreciation for the dedicated work of the logistics teams working on behalf of the Santa Clara County Registrar of Voters and the SCCLD, who conferred and measured and worked diligently to identify potential polling places in libraries. Without their countless site visits and necessary conversations, likely community members would not have had an opportunity to consider the unintended consequences of locating polling places in libraries and near library entrances. I expect the letter would acknowledge with respect the actions of all who were involved in the initiative to bring voting to libraries as intending only the best of outcomes, and would thank them for their valuable service to the community.
In closing, I expect such a letter would implore your prompt attention to vacate immediately–and in time for all June 2018 election and forever thereafter–all plans to locate polling places inside libraries or, if outside, within approximately 150 feet from library entrances.
I attended the 2/6/2018 meeting of the Santa Clara County Citizens' Advisory Commission on Elections and spoke against locating polling places in or near libraries for many of the reasons identified in this message. At the time Commissioner Chessin requested to have the item added to a future meeting agenda. I thank the Commission for accepting the motion and hope to see an agenda item for the 3/6/2018 meeting that addresses the concerns related to locating polling places in or near libraries.
Sincerely,
Liana Crabtree
Cupertino resident
Attachment: Alternate Locations for the Ballot Box in Civic Center Plaza, Cupertino, http://bit.ly/novoteout06
REFERENCES
• Letter: "Request for Reconsideration of a Plan to Bring Early Voting to Santa Clara County Libraries", 1/26/2018, http://bit.ly/novotein05
• Letter: "Ballot Box location in Cupertino," 2/6/2018, http://bit.ly/novoteout02
• Attachment A for Letter: "Ballot Box location in Cupertino," 2/6/2018, http://bit.ly/novoteout03
• Attachment B for Letter: "Ballot Box location in Cupertino," 2/6/2018, http://bit.ly/novoteout04
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 a spokesperson for the Library Commission. The views expressed here are entirely my own.
"As trusted, neutral, safe spaces, libraries are ideal institutions to lead dialogue and deliberation efforts in communities."
- American Library Association, Libraries Transforming Communities
"The library fosters life-long learning, promotes cultural enrichment, and supports education."
- Santa Clara County Library District, Core Values, Item 5
"The library ensures that physical spaces are welcoming, safe, clean, and accessible."
- Santa Clara County Library District, Core Values, Item 8
"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."
-2017 Cupertino Library Commission Work Plan, Section VI Education Initiatives, Item 4
Our libraries reside at the heart of our communities. Libraries and the public spaces that invite us into our libraries must be protected at all times as venues for information sharing, for challenging our assumptions, and for civic engagement.
Like libraries, polling places, including mail-in ballot drop-off boxes and "early voting" in-person polling venues, also serve an essential civic role, but it is a role that is not compatible with the charter of the library. As a result, it is not acceptable to locate polling places where they could interfere with the role of the library (and its entrance) as the center of public discourse.
Consider that without public spaces such as libraries, public plazas, and parks, community members have very few venues where they can meet each other to discuss community concerns, candidates, and ballot measures in advance of an election. When polling places are inserted in public venues such that direct access points to library entrances are eclipsed by the 100-foot "no campaigning" radius that encircles the polling place, opportunities for necessary information sharing are shut down right at the time when community members are seeking information about items on their ballot.
On 2/7/2018, following public comment from five (5) community members who spoke against locating polling places in or near libraries, the Cupertino Library Commission voted in favor of drafting a letter to the following entities requesting that polling places not be located in or near public libraries (4/0/1 in favor, Commissioner Kumarappan was absent):
RECIPIENTS
Santa Clara County Citizens' Advisory Commission on Elections
Office of the Santa Clara County Registrar of Voters
Cupertino City Council
Office of the Cupertino City Clerk
COURTESY NOTIFICATION
Santa Clara County Library District Joint Powers Authority Board
During the 2/7/2018 Library Commission meeting, the commissioners queried Cupertino Assistant Director of Recreation and Community Services Christine Hanel in her role as staff liaison for the Library Commission regarding protocol for sending communication to entities outside the City. Ms Hanel informed those present that she had spoken with a representative from the City Attorney's Office and that "nothing prevented" the Library Commission from communicating with outside entities.
Indeed, I have read the 2018 Commissioner's Handbook and while it does say commissioners "will be asked to provide recommendations to the City Council about specific issues," nowhere does it say that communication from commissioners is exclusive to the City Council nor does it say that commission members are forbidden from communicating with anyone.
On Presidents' Day, 2/19/2018--one day before the final February 2018 City Council meeting--I received a message from Cupertino Assistant City Manager Jacqueline Guzmán with the following notification regarding the Library Commission's intention to draft a letter requesting that polling places not be located in or near public libraries:
"Given that the ballot box issue does not align with the City's 2018 Legislative Agenda, the LAC (Legislative Advocacy Committee) will not be weighing in on this issue. You should submit a request directly to Council. You may request to add an item to a Council agenda through the support of the Mayor or two Council Members."
The Cupertino City Council next meets on Tuesday, 3/6/2018, the same evening the Santa Clara County Citizens' Advisory Commission on Elections meets.
The Cupertino Library Commission next meets on Wednesday, 3/7/2018.
While I do not have a letter from the Cupertino Library Commission to share with you given the new communication guidance suggested by the City and no opportunity to meet with fellow Commissioners until March 7, I can imagine--with no authority--that if such a letter were to exist it might request the following actions from your respective decision-making bodies and offices:
- It might request that the mail-in ballot drop-off box (ballot box) that was located adjacent to the Cupertino Library entrance in advance of the November 2016 General Election be relocated in time for all June 2018 voting activities and forever thereafter to one of the three (3) secure, well-lit, and Americans with Disabilities Act (ADA)-accessible locations identified in the attachment appended to this letter. The ballot box location of November 2016 is unacceptable because its position inhibits civic discourse in the public areas adjacent to the library location.
It might recognize that the ballot box serves as a friendly reminder to voters to learn about candidates and ballot measures in advance of an election. Therefore, it might not support a decision to remove the ballot box entirely from Cupertino's Civic Center Plaza. However, if a choice were to be strictly limited to the November 2016 ballot box location or no location, it might choose no location. While not preferred, it might assert that a refusal to place a ballot box in an alternate and acceptable location will likely not affect voter turnout negatively because the pre-existing County decision to provide postage-paid envelopes for mail-in ballots means every mailbox serves as a de facto polling place. - While it might assert that Cupertino community members have no personal stake regarding what happens in libraries and near library entrances outside of Cupertino, it might ask you to consider carefully the reasons why libraries are identified as unsuitable and inappropriate polling places and vacate immediately all plans to locate polling places inside or adjacent to any public library in Santa Clara County. Polling places inside libraries bring additional disruption because they displace library materials, library programming, and/or library patrons. Library patrons who arrive at the library expecting to study or participate in tutoring sessions only to be turned away for weeks because a polling place has occupied their study space are likely to view unfavorably the reality of voting in libraries.
- Though such a letter is maybe not addressed directly to the Santa Clara County Library District (SCCLD) nor to any of the independent city libraries operating in the County, it might encourage all libraries to take a position that protects civic discourse in libraries and adjacent to library entrances throughout the year, including during election cycles.
I expect such a letter would express deep appreciation for the dedicated work of the logistics teams working on behalf of the Santa Clara County Registrar of Voters and the SCCLD, who conferred and measured and worked diligently to identify potential polling places in libraries. Without their countless site visits and necessary conversations, likely community members would not have had an opportunity to consider the unintended consequences of locating polling places in libraries and near library entrances. I expect the letter would acknowledge with respect the actions of all who were involved in the initiative to bring voting to libraries as intending only the best of outcomes, and would thank them for their valuable service to the community.
In closing, I expect such a letter would implore your prompt attention to vacate immediately–and in time for all June 2018 election and forever thereafter–all plans to locate polling places inside libraries or, if outside, within approximately 150 feet from library entrances.
I attended the 2/6/2018 meeting of the Santa Clara County Citizens' Advisory Commission on Elections and spoke against locating polling places in or near libraries for many of the reasons identified in this message. At the time Commissioner Chessin requested to have the item added to a future meeting agenda. I thank the Commission for accepting the motion and hope to see an agenda item for the 3/6/2018 meeting that addresses the concerns related to locating polling places in or near libraries.
Sincerely,
Liana Crabtree
Cupertino resident
Attachment: Alternate Locations for the Ballot Box in Civic Center Plaza, Cupertino, http://bit.ly/novoteout06
REFERENCES
Previous Communication Related to the "No Voting Near Libraries" Topic:
• Oral Communication: Citizens' Advisory Commission on Elections, 3/6/2018, http://bit.ly/novotenear08
• Oral Communication: Citizens' Advisory Commission on Elections, 3/6/2018, http://bit.ly/novotenear08
• Letter: "Request for Reconsideration of a Plan to Bring Early Voting to Santa Clara County Libraries", 1/26/2018, http://bit.ly/novotein05
• Letter: "Ballot Box location in Cupertino," 2/6/2018, http://bit.ly/novoteout02
• Attachment A for Letter: "Ballot Box location in Cupertino," 2/6/2018, http://bit.ly/novoteout03
• Attachment B for Letter: "Ballot Box location in Cupertino," 2/6/2018, http://bit.ly/novoteout04
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