a report from Vice Mayor Jan Devereux, Chair of the Government Operations, Rules & Claims Committee, for a public hearing held on May 28, 2019 to receive an update on the Election Commission’s discussion of potential changes to the ballots used for Municipal Elections that would limit voters to marking only up to 15 candidates

ATTACHMENT A GOVERNMENT OPERATIONS, RULES & CLAIMS COMMITTEE COMMITTEE MEETING ~ AGENDA ~ Sullivan Chamber 1:00 PM Tuesday, May 28, 2019 CALL OF THE MEETING The Government Operations, Rules & Claims Committee will hold a public hearing to receive an update on the Election Commission's discussion of potential changes to the ballots used for municipal elections that would limit voters to marking only up to 15 candidates. OPENING REMARKS AND INTRODUCTIONS Vice Mayor Devereux, Chair of the Government Operations, Rules & Claims Committee DISCUSSION WITH CITY COUNCILLORS, CITY STAFF AND ELECTION COMMISSION PUBLIC COMMENT DISCUSSION ADJOURNMENT Page 1 City of Cambridge

ATTACHMENTB Thank you for the opportunity to meet about the changes to the municipal ballot. We trust that during today's discussion we may answer questions, offer information and provide any clarification regarding why the Election Commission believes that that capping the number of ovals used to rank City Council and School Committee candidates at the number 15 is necessary, and why we also believe it will result in a ballot that is usable and user-friendly for municipal elections into the foreseeable future. Two issues that have been raised regarding this change are: 1. The protection of voter rights; and 2. The potential to confuse voters. With respect to the first concern, the Commission's position is that capping the number of ovals at 15 does not, (as referenced in MGL Chp 54A Sec. 16) "alter or impair the principles of voting or counting the ballots governing elections by Proportional Representation. " With the PR/Single Transferable voting system, the aim is to maximize the number of votes used to elect candidates and thus maximize the number of people who elect a candidate to office. The PR system is not defined as a voter having the ability to rank as many candidates as listed on the ballot, but to be allowed to express preferences - and in our case, to no less than 15 as stated in the law. Any proposed change to a system has the potential to create misunderstanding. Cambridge has had a method of voting that in practice (again, it is not a principle or policy of PR voting), since 1941, has had the voter rank as many candidates as there are on the ballot. So why the change? Simply, since that time, the tools that we use on election day have changed - including machines that scan our paper ballots. As presented in materials to the Council, School

Committee, city officials and the public, the last municipal election in 2017 that had 26 candidates run for City Council highlighted the challenges of including all necessary information onto a ballot that would able to be used with our voting equipment. Due to the amount of space provided on the current ballot style, which is a landscape style ballot, we would be limited to 26 ovals across. We considered a portrait style ballot also but there isn't enough room for more than 15 candidates as the ballot would be longer, but the width would be smaller. Our election process does not allow for a double-sided ballot. With information provided by the Director, Assistant Director, our voting equipment & software vendor and a Cambridge PR Election expert our choice as Commissioners was clear: we would need to limit the number of candidates or limit the number of rankings made by the voter - we choose to do the latter to help maintain a strong democratic process. In capping the ovals to 15, the Commission also posits that this change may actually lead to less confusion when voters complete their ballots. The Ranked Choice Voting Resource Center report, "Best Practices for Ranked Choice Voting Ballots and Other Materials" discusses the advantages of using a grid format like the one used in Cambridge's city elections. I believe the example the study used had a ballot with ten candidates and ovals with which to rank voter choices. The compact format and clarity were appreciated by voters. The identified challenges with this format, however, arose when the number of candidates increased - voters found it "overwhelming and frustrating." It took extra time to track preferences across gridlines. Additionally, in a presentation regarding this research, one of its principal authors

relayed that some of the respondents to questionnaires stated that, as voters, they ranked all candidates because they felt they had to. As well, since I have not yet served as a commissioner during a municipal election, I cannot attest to the number of spoiled ballots due to over-voting, etc., but I believe the number of unusable ballots is higher in municipal elections than in other contests. We know that the Council would like information regarding the education and dissemination plan for the public regarding the ballot change. We are happy to share our thoughts on this. The Commission aims to provide the voters of Cambridge with the best possible experience on Election Day. We trust that the revised ballot will serve the wide range of people coming to the polls who have varying degrees with the voting process and literacy levels well, and the Commission will also be interested whether it has the additional benefit of decreasing errors.

ATTACHMENTC Government Operations Committee meeting 5/28/19 Timeline of Events re proposed change to Municipal Election ballot March 2019 • March 6 - Commissioners discussed ballot design options at the commissioner meeting. Assistant Director reported that 2-sided ballots and 2-page ballots were impossible, and that the maximum we could fit in landscape would be 26 candidates. The only options if we had more than 26 candidates were to either move all but one of the write-in lines to the back (the machine would only be able to read the one on the front) or to cap the ovals so that we could use a portrait ballot. • March 27 - The commissioners reviewed a draft fact sheet about changing to 15 ovals and commissioners decided that we should move forward by meeting with the City Manager first. April 2019 • April 4" - meeting with City Manager, Deputy City Manager, City Solicitor, Lee Gianetti, Tanya Ford, Lesley Waxman, Charles Marquardt, Victoria Harris to discuss proposed change, provide and discuss information and law regarding the change proposed, Board's plan to disseminate information to public and meetings to gather feedback • Week of April 18'h - meeting notice and invitation to the public to attend the April 30"h Election Commission meeting regarding the proposed change to the ballot. Sent to the city clerk, city council etc. Posting requirement met for meeting notices • April 19th - Information regarding proposal included in the city's Weekly Digest, which is provided to the City Council • Week of April 22nd - posted on Election Commission website • April 30ih - hearing held in Sullivan Chamber. Very few people attended (2 people) so the Board scheduled an additional meeting for May 15 to provide people another opportunity to express any concerns or just to become informed about the change. May 2019 • May 1st - Meeting notice sent to the media, clerk's office, city council, school committee etc. regarding additional public hearing to be held May 15. • Week of May 1st - Meeting information provided to the City Rep. Comm. and City Democratic Committee • Sunday, May 12" - Emailed letter was received by the Election Commission from former State. Rep. Alice Wolf. Letter was also forwarded to Cambridge Day for publication the same day • May 13th - City Council order setting a hearing for May 27'h regarding the proposed ballot change. • May 15" - City Solicitor suggested possible decision at the meeting this evening to research the authority of the Board of Election Commissioner's authority to cap the number of ovals on a Municipal Election Ballot. Two (2) public attendees. Robert Winters of the Civic Journal attended.

EC meeting was held. Board discussed change but postponed any decision on the matter until the following week due to time constraints. Informed of City Council order voted on Monday, May 13t'. Scheduled another meeting for May 22nd to provide additional opportunity for public comment and to provide the City Solicitor an opportunity to research board's authority on the matter. • May 22nd - City Solicitor confirmed the Board's authority to cap the ovals on the Municipal Election ballot at fifteen (15). Three (3) people from the public attended. Board voted to cap ovals at fifteen (15)

Fact Sheet: Modifying the Municipal Ballot Design ATTACHMENTD In Cambridge Municipal Elections, voters rank the candidates in order of preference by marking numbered ovals next to the candidates' names. Instead of having the same number of ovals as candidates, the Election Commission is considering capping the number of ovals at fifteen (15). In 2017, 26 candidates ran for City Council - the highest number of candidates since the PR Count was computerized in 1997 The Election Commission was able to print a ballot that accommodated all of the candidates in 2017, but it became evident that ballot modifications would be needed to address a further increase in the number of candidates and to improve the usability. The number of candidates would not be capped, just the number of ovals The Election Commission is doing nothing to limit how many people run for City Council or School Committee. The only change is that next to each candidate's name, there will be a maximum of fifteen ovals, even if there are more than fifteen candidates. Capping the number of ovals will allow a ballot with more candidates A ballot with a landscape orientation can only fit twenty-six candidates with the required nine write-in lines. The only way to design a ballot for more than twenty- six candidates would be to use a portrait orientation; which is only possible if the number of ovals is capped at fifteen. The ballot cannot be double-sided or more than one page. This need was anticipated in 1938 when the PR Count laws were written The Election Commission has the authority to modify the form of the ballot as long as the voter is given "not less than fifteen choices." M.G.L. ch. 54A s. 16. Most Cambridge voters can continue voting the way they always have In the past five elections, the average voter ranked only five candidates. Over 95% of voters ranked fifteen or fewer candidates, which they will still be able to do. The effect of capping the rankings to 15 has been tested Experts agree that capping the number of rankings at 15 will not change the results of the election. Election data from the 2013, 2015 and 2017 Municipal Elections was tested, and the results would have been the same if voters had been capped at fifteen choices. New design will be easier for voters The ballot will be easier to read and will lead to fewer spoiled ballots caused by mismarking the ballot. Fewer ovals and fewer mistakes will make the voting process faster, reducing the likelihood of lines at the polling place. Attached Samples 1. Specimen ballot from 2017 with 26 candidates and 26 ovals • 2. Sample landscape ballot with 26 candidates and 15 ovals 3. Sample portrait ballot with 26 candidates and 15 ovals

Massachusetts General Laws, Chapter 54A ELECTION OF CERTAIN CITY AND TOWN OFFICERS BY PROPORTIONAL REPRESENTATION OR PREFERENTIAL VOTING § 16. Mechanical or other voting devices; methods of counting first choices. (a) In conducting any election by proportional representation or preferential voting, mechanical or other devices may be used, subject, however, to the provisions of sections thirty-two to thirty-nine, inclusive, of chapter fifty-four, if the city council or the town passes a vote providing expressly that such devices shall be used in such election; and said sections, so far as apt, shall be applicable in all respects in case of such devices so used. In case such devices are to be used in any city or town, the city or town clerk may modify the form of ballot, the rotation of names thereon, the directions to voters and other details in respect to the election process; provided, that no change shall be made which will alter or impair the principles of voting or counting the ballots governing elections by proportional representation or preferential voting, as the case may be, but the voter may be limited to not less than fifteen choices for any particular body or office.

down. column. candidate. candidate. you please. from such officer. to your first choice. Voters • Fill in the number two to your second choice. • Fill in the number three this • using a black pen. for Term of Two Years Instructions to: CITY COUNCIL your choice as a number for a to your third choice, and so on. CANDIDATES FOR name you have written, showing If you spoil this ballot, return it for • Fill in no more than one oval per • Fill in no more than one oval per • Record write-ins from the top line To vote for a write-in candidate: • Fill in a numbered oval next to the • Fill in the number one 1) oval next cancellation to the election officer in 3) oval next • You may fill in as many choices as filling in the numbered ovals like Mark your choices by completely charge of the ballots and get another 3 oval next WRITE-IN WRITE-IN WRITE-IN WRITE-IN WRITE-IN WRITE-IN WRITE-IN WRITE-IN. WRITE-IN ILAN LEVY, 148 Spring Street JEFF SANTOS, 350 3rd Street SEAN TIERNEY, 12 Prince Street DAN LENKE, 148 Richdale Avenue PAUL F. TONER, 24 Newman Street SAMUEL GEBRU, 812 Memorial Drive GREGG J. MOREE, 25 Fairfield Street JOSH M. BURGIN, 812 Memorial Drive HARI I. PILLAI, 165 Cambridge Park Dr. JAN DEVEREUX, 255 Lakeview Avenue BRYAN SUTTON, 764 Cambridge Street ALANNA M. MALLON, 3 Maple Avenue SUMBUL SIDDIQUI, 530 Windsor Street OLIVIA D'AMBROSIO, 6 Arlington Street MARC C. McGOVERN, 15 Pleasant Street NADYA T. OKAMOTO, 220 Banks Street DENNIS J. CARLONE, 9 Washington Avenue RONALD BENJAMIN, 172 Cushing Street VATSADY SIVONGXAY, 59 Kirkland Street ADRIANE B. MUSGRAVE, 5 Newport Road GWEN THOMAS VOLMAR, 13 Ware Street RICHARD HARDING, JR., 189 Windsor Street REELECION RE-ELECTION RE-ELECTION CANDIDATE FOR CANDIDATE FOR QUINTON Y. ZONDERVAN, 235 Cardinal Medeiros Ave. CRAIG A. KELLEY, 6 Saint Gerard Terrace CARLETON E. DENISE SIMMONS, 188 Harvard Street CANDLECTO TIMOTHY J. TOOMEY, JR., 88 6th Street REPLACTOR (0) N 13) (3) (3) Only one vote per candidate. Only one vote per column. By law, candidates' names are rotated on ballots at polls different order than on this Specimen ba ot 12) BEDE 14) 1280e992 15) DO NOT USE I nd may appear in a 2555 555E Masadaesa ND RED TO MARK BALLOT 93/m208109/8

down. column. enclosed. candidate, candidate. you please. from such officer. to your first choice. to your second choice. this O using a black pen. Instructions to for Term of Two Years Absentee Voters CITY COUNCIL your choice as a number for a to your third choice, and so on. If you spoil this ballot, return it for name you have written, showing CANDIDATES FOR See separate instruction sheet • Fill in no more than one oval per • Fill in no more than one oval per To vote for a write-in candidate: • Record write-ins from the top line • Fill in a numbered oval next to the filling in the numbered ovals like • Fill in the number two 2) oval next cancellation to the election officer in • Fill in the number one f oval next • You may fill in as many choices as Mark your choices by completely charge of the ballots and get another • Fill in the number three O oval next WRITE IN WRITE-IN WRITE-IN WRITE-IN WRITE-IN WRITE-IN WRITE-IN WRITE N BABYRUTH, 26 Peanut Place JUNIOR MINTS, 95 Movie Road ALMONDJOY, 222 Coconut Place CANDY CANE, 12 Peppermint Lane SWEDISH FISH, 756 Chewy Street GUMMY BEAR, 2564 Haribo Street REESE P. B. CUP, 24 Peanut Place MIKE A. IKE, 543 Original Fruit Road EVERLASTING GOBSTOPPER, 375 Jawbre GOOD A. PLENTY, 35 Licorice Street TOOTSIE ROLL POP, 123 Owl Center M. M. CHOCOLATE, 255 Character Way BAZOOKAJ. GUM, 876 Comic Strip Way CHARLESTON CHEW, 292 Main Street NESTLE CRUNCH, 987 Crisp Rice Road JOLLY RANCHER, 99 Watermelon Road THREE MUSKETEERS, 333 Nougat Street NECCO WAFER, 250 MassachusettsAvenue MARSHMALLOWPEEP, 432 Seasonal Lane WERTHER ORIGINAL, 753 Caramel Avenue CADBURY CREME EGG, 555 E. Bunny Road YORK PEPPERMINT PATTIE, 1940 Sensation Street MELLOWCREME PUMPKIN, 1031 Halloween Street STRAWBERRY TWIZZLER, 50 Licorice Street RE-ELECTION RE-ELECTION HERSHEY CHOCOLATE BAR, 1600 Smores Road CAEELECTON Onlyone vote per candidate. Only one vote per column. DO NOT USE RED TO MARK BALL 12 12) 12) (14) Sample

CANDIDATES FOR CITY COUNCIL This is a sample layout of a Portrait style City Council Ballot (This box would contain Instructions to Voters) Portrait style would be necessary if there are more than 26 candidates but it would only be possible if the number of ovals is capped at 15 DO NOT USE RED TO MARK BALLOT Onlyone vote per candidate. Only one voteper column. JUNIOR MINTS, 95 Movie Road THREE MUSKETEERS, 333 Naugat Street 0 WERTHER ORIGINAL, 753 Caramel Avenue YORK PEPPERMINT PATTIE, 1940 Sensation Street MARSHMALLOWPEEP, 432 Seasonal Lane GOOD A. PLENTY, 35 Licorice Street TOOTSIE ROLLPOP, 123 Owl Center MELLOWCREME PUMPKIN, 1031 Halloween Street BABYRUTH, 26 Peanut Place JOLLYRANCHER, 99 Watermelon Road STRAWBERRY TWIZZLER, 50 Licorice Street NECCO WAFER, 250 Massachusetts Avenue HERSHEY CHOCOLATE BAR, 1600 Smores Road CAFFLECTION GUMMY BEAR, 2564 Hariba Street CANDY CANE, 12 Peppermint Lane CHARLESTON CHEW, 292 Main Street M. M. CHOCOLATE, 255 Character Way REESE P. B. CUP, 24 Peanut Place NESTLE CRUNCH, 987 Crisp Rice Road CADBURY CREME EGG, 555E. Bunny Road SWEDISH FISH, 756 Chewy Street EVERLASTING GOBSTOPPER, 375 Jawbie k BAZOOKAJ. GUM, 876 Comic Stip Way MIKE A. IKE, 543 Original Fruit Road JELLYBELLYJELLYBEAN, 75 Tutt Frutt Street ALMOND JOY, 222 Coronut Place WRITEIN WRITE N: WRITE-IN* WRITE-IN WRITE-IN WRITE-IN WRITE-N WRITE-IN WRITE-IN

ATTACHMENT E Nancy E. Glowa Assistant City Solicitors : Paul S. Kawai City Solicitor Keplin K. U. Allwaters Sean M. McKendry Irthur J. Goldber Megan B. Bayer eputy City Solicito Brian A. Schwart atherine Sarmini Hoffmar Samuel A. Aylesworth First Assistant City Solicitor Public Records Access Officer Seah Levy CITY OF CAMBRIDGE Office of the City Solicitor 795 Massachusetts Avenue Cambridge, Massachusetts 02139 May 28, 2019 Louis A. DePasquale City Manager City Hall Cambridge, MA 02139 Re: Awaiting Report #19-61 Re: Report on potential ballot changes at a public hearing of the Government Operations, Rules and Claims Committee on May 28, 2019 Dear Mr. DePasquale: The above-referenced Awaiting Report #19-61 refers to Council Order O-9 of 5/13/19 which in part asks for the City Solicitor to help the Council "to understand the Election Commission's authority to make changes" to the Proportional Representation ballot that would limit the ability of voters to rank City Council and School Committee candidates to a maximum of 15. Specific authorization for such a change to the ballot at the Election Commission's discretion is found in the law governing the City's Proportional Representation method of voting, at G.L.c.54A, §16(a), which provides in relevant part: In conducting any election by proportional representation or preferential voting, mechanical or other devices may be used.... In case such devices are to be used in any city or town, the city or town clerk' may modify the form of ballot, the rotation of names thereon, the directions to voters and other details in respect to the election process; provided that no change shall be made which will alter or impair the principles of voting or counting the ballots governing elections by proportional representation or preferential voting, as the case may be, but the voter may be limited to not less than fifteen choices for any particular body or office. 1 In Cambridge, by special act, the Election Commission has the authority given here to "the city or town clerk" regarding the ballot. See Acts of 1921, Ch.239. TTY/TTD [phone removed] Telephone [phone removed] Facsimile [phone removed]

2 This section authorizes the Election Commission to alter the ballot by limiting voters to fifteen choices, as long as such change will not "alter or impair the principles of voting or counting the ballots...." Very truly yours, ity Solicit 2