Clackamas County submits ballot-count timeline demanded by Oregon secretary of state

Published 10:30 am Wednesday, May 25, 2022

Clackamas County’s top election official finally submitted a timeline late Tuesday afternoon detailing when the county will finish tallying votes after repeated demands from Oregon’s secretary of state.

Secretary of State Shemia Fagan is expected to make the plan public once it is reviewed by her office.

Emails show that Fagan first requested the detailed plan and timeline from Clackamas County Clerk Sherry Hall on May 18 amid ongoing delays in the county that have upended multiple primary races and sullied the state’s celebrated vote-by-mail system. Hall, who is paid $112,700 a year, responded by telling Fagan the request was adding to her workload and preventing her from completing other election work. Fagan disagreed, telling Hall it was essential that the county produce a plan to ensure that votes would be tallied accurately by the June 13 statutory deadline.

Fagan demanded again Friday that Hall produce the timeline by Monday. But on Monday, the county clerk asked the secretary of state for another day to provide the plan because the county didn’t start hand-duplicating tens of thousands of ballots marred with a printing error until Monday morning at 7 a.m.

“It is time for us to see that written plan,” Fagan said in a stern press conference Tuesday afternoon, before she had received it. “We have been demanding it for several days now and heard some things yesterday that were encouraging and I would call productive, but until we see that written plan, there’s no accountability. That plan will show us where they expect to be every single day and we can all watch and hold them accountable.”

About two-thirds of ballots in Clackamas County need to be hand-duplicated because they have blurred barcodes that are unreadable by the county’s vote counting machines, with the mistake appearing to disproportionately affect Democratic ballots.

As of Tuesday night, Clackamas County had reported tallying 60,230 of 116,045 ballots it had received, or 52%. That’s an increase of about 28,000 ballots counted from Friday. The county reported late Tuesday that only 7,543 defective ballots had been duplicated as of Monday night and at least 38,381 still need to be duplicated. They are estimating it will take between four and nine days to duplicate the remaining ballots.

County officials said that 88 people processed ballots Sunday, 156 processed ballots Monday and 186 processed ballots Tuesday. Those people include county elections staff and volunteers, other county workers and state employees.

Multiple election results hang in the balance due to the ongoing delays in Clackamas County, including the nationally-watched 5th Congressional District race in which incumbent U.S. Rep. Kurt Schrader appears to have lost to progressive challenger Jamie McLeod-Skinner, the state labor commissioner contest, multiple seats in the Oregon House, two hotly contested county commission races and the presidency of regional government Metro.

County elections officials learned of the printing error two weeks before the election. Fagan said her office twice offered to provide additional resources to Clackamas County during the week of the election to help them handle the increased workload, but Hall declined the help both times.

After the county failed to provide timely results on election night, Fagan’s office once again offered Hall additional resources and help. But Hall failed to respond to multiple offers of assistance from the state, Fagan said, prompting her office to send formal legal instructions to Hall demanding that the county provide the state with a plan and timeline for completing the tallying of ballots.

“I’m a Clackamas County resident and obviously I found this incredibly frustrating and quite frankly just outrageous,” Fagan said. “My north star though as secretary of state for the whole state is to land this plane. And right now, the only person legally authorized to land this plane under Oregon law is the clerk and so, as long as she’s the clerk, I will continue to work directly with her to make sure we get these election results to my office by the deadline of June 13.”

Multiple phone calls to Hall on Tuesday went to voicemail.

Fagan said if the county does not finish counting votes by June 13, she will order them to continue counting votes, even if that means bringing a lawsuit against the county to compel it to count every vote.

Hall’s missteps this election cycle haven’t been limited to vote counting, either.

McLeod-Skinner filed a complaint with the secretary of state last week contending that a campaign worker for Rep. Kurt Schrader had been granted early access to the elections office before her campaign and the general public. Hall said at the time that she didn’t know how that had occurred, but video obtained by OPB and released Tuesday shows Hall in the office when the campaign worker was granted access and appears to show Hall conversing with an employee moments before the person was let in.

“It’s absolutely outrageous to stand in front of the public and to say one thing and then to have a video showing something very different,” Fagan said. “I’m incredibly frustrated and incredibly disappointed.”

Fagan said Tuesday that her office was investigating McLeod-Skinner’s complaint, which she said also included allegations that Clackamas County elections officials were letting people into the building without checking them in and allowing them to be in the building unsupervised. No other complaints have been filed.

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