[EL] Oregon SoS Demands that Postal Service Stop Delivering Ballots with Insufficient Postage?

Sat Nov 3 16:39:05 PDT 2012

Doug,

As of 2008, the USPS Postal Operations Manual, Section 171.3, with the 
title "Absentee Balloting Materials Not to Be Detained" provided that 
"Except as provided in ASM 274 [relating to searches of mail for Customs 
and similar purposes], absentee balloting materials must not be detained 
or treated as unpaid mail. The materials must be promptly dispatched and 
delivered to the addressees. Questions about possible abuse or 
impropriety must be referred to the RCSCs."  I found this manual at this 
website: http://www.nalc.org/depart/cau/pdf/manuals/POM/POM_9--12_08.pdf

I have not been able to verify that this version of the postal 
operations manual is still in effect, but if it is, it seems to preclude 
postal carriers from doing anything with an absentee ballot with 
inadequate postage, other than delivering it as addressed.

Flavio Komuves

On Sat, Nov 3, 2012 at 7:18 PM, Doug Hess wrote:

I wonder what other states do? And do all post offices deliver the 
ballots anyway? Or do they do it only if postage is paid by the 
recipient or do they return to sender? I.e., do postal clerks know what 
the Post Master General says is their policy?
Doug

On Sat, Nov 3, 2012 at 7:14 PM, Richard Winger < richardwinger at yahoo.com 
<javascript:parent.wgMail.openComposeWindow('richardwinger at yahoo.com')> 
> wrote:
So, it appears there is a Bush v Gore problem in Oregon.  In November 
2008, Obama received 76.7% of the vote in Multnomah County and John 
McCain only received 20.6%.  If other counties are treating postage due 
ballots differently,... 

Richard Winger
415-922-9779 <tel:415-922-9779>
PO Box 470296, San Francisco Ca 94147

--- On Sat, 11/3/12, Salvador Peralta < oregon.properties at yahoo.com 
<javascript:parent.wgMail.openComposeWindow('oregon.properties at yahoo.com')> 
> wrote:

From: Salvador Peralta < oregon.properties at yahoo.com 
<javascript:parent.wgMail.openComposeWindow('oregon.properties at yahoo.com')> 
>
Subject: Re: [EL] Oregon SoS Demands that Postal Service Stop Delivering 
Ballots with Insufficient Postage?

To: "Scarberry, Mark" < Mark.Scarberry at pepperdine.edu 
<javascript:parent.wgMail.openComposeWindow('Mark.Scarberry at pepperdine.edu')> 
>, "Doug Hess" < douglasrhess at gmail.com 
<javascript:parent.wgMail.openComposeWindow('douglasrhess at gmail.com')> 
>, "Dan Meek" < dan at meek.net 
<javascript:parent.wgMail.openComposeWindow('dan at meek.net')> >
Cc: "Election Law" < Law-election at department-lists.uci.edu 
<javascript:parent.wgMail.openComposeWindow('Law-election at department-lists.uci.edu')> 
>
Date: Saturday, November 3, 2012, 4:10 PM

The Oregonian's most recent coverage notes that:

"Tim Scott, the Multnomah County elections director, said his county has 
long refused to accept ballots that didn't have enough postage.  It's 
inconsistent with state law and gives voters a mixed message about 
whether they should put postage on their return ballots."

http://www.oregonlive.com/mapes/index.ssf/2012/11/charges_fly_in_oregon_secretar.html 
<http://www.oregonlive.com/mapes/index.ssf/2012/11/charges_fly_in_oregon_secretar.html>

___________________________________

From: "Scarberry, Mark" < Mark.Scarberry at pepperdine.edu 
<javascript:parent.wgMail.openComposeWindow('Mark.Scarberry at pepperdine.edu')> 
>
To: Doug Hess < douglasrhess at gmail.com 
<javascript:parent.wgMail.openComposeWindow('douglasrhess at gmail.com')> 
>; Dan Meek < dan at meek.net 
<javascript:parent.wgMail.openComposeWindow('dan at meek.net')> >
Cc: Election Law < Law-election at department-lists.uci.edu 
<javascript:parent.wgMail.openComposeWindow('Law-election at department-lists.uci.edu')> 
>
Sent: Saturday, November 3, 2012 3:35 PM
Subject: Re: [EL] Oregon SoS Demands that Postal Service Stop Delivering 
Ballots with Insufficient Postage?

If a ballot envelope comes in postage due, then the clerk may need to 
pay the postage in order actually to receive the envelope from the 
postal worker. I haven’t gotten anything postage due in quite a while, 
but I don’t think you can just take the letter or package and then 
refuse to pay the postage due amount. It may not be a matter of the 
clerk refusing to receive the ballot but instead of the postal worker 
refusing to deliver it.

From: law-election-bounces at department-lists.uci.edu 
<javascript:parent.wgMail.openComposeWindow('law-election-bounces at department-lists.uci.edu')> 
[mailto: law-election-bounces at department-lists.uci.edu 
<javascript:parent.wgMail.openComposeWindow('law-election-bounces at department-lists.uci.edu')> 
] On Behalf Of Doug Hess
Sent: Saturday,  November 03, 2012 3:22 PM
To: Dan Meek
Cc: Election Law
Subject: Re: [EL] Oregon SoS Demands that Postal Service Stop Delivering 
Ballots with Insufficient Postage?

"Not accepting" as in refusing to receive them, however that is done, or 
as in destroying or tossing them? Or "not accepting" to mean they accept 
them but plan to not count them? 

Douglas R. Hess, PhD

On Sat, Nov 3, 2012 at 5:59 PM, Dan Meek < dan at meek.net 
<http://mc/compose?to=dan@meek.net> > wrote:
We know that some county clerks are currently not accepting the ballots 
postage due.
Dan Meek
503-293-9021
dan at meek.net <http://mc/compose?to=dan@meek.net>
866-926-9646 fax

On 11/3/2012 12:50 PM, Doug Hess wrote:
In the letter on this issue the Post Master General (should we call him 
General, too?) points out that the state doesn't have to accept or count 
ballots arriving without sufficient postage (see  second to last 
paragraph in letter in link below). 

Not sure why he felt that was an area he needs to opine on! But it does 
raise the possibility that some county clerks, or whomever, won't count 
these ballots, now that they know that the USP will keep delivering 
them. Anybody sense a county might do that? 

Where's Paul Gronke when you need him? 

http://indparty.com/postmaster.pdf <http://indparty.com/postmaster.pdf>

Douglas R. Hess, PhD
Washington, DC
ph. 202-277-6400
douglasrhess at gmail.com <http://mc/compose?to=douglasrhess@gmail.com>  

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