22,000 ballot cards included with 167 “unique combinations of contests”

By Allen D. Payton

On Friday, Oct. 14th, the Contra Costa County Elections Division performed the official logic and accuracy testing on their central ballot counting and processing equipment. Logic and accuracy testing is a standard pre-election procedure. The test is designed to confirm that all central count equipment is in working order and functioning properly. A set of test ballots was run through each scanner to ensure they are properly programmed and operating as expected.

Questions were sent to the Elections Division staff asking about the results of the test.

Helen Nolan of the County Elections Office responded, “Our logic and accuracy testing on Friday went very well. We scanned 22,000 ballot cards, which were a mix of pre-printed test ballots, hand marked test cards, ICX (Ballot Marking Device) ballots, RAVBM ballots, and MBP printed ballot cards. Our test decks were comprised of 167 different patterns for each ballot type (unique combination of contests, candidates, and rotations). These test ballots come to us with an expected set of results.  

700 ballot cards were adjudicated in order to test each ‘out-stack’ condition (blank card, overvoted contest, indeterminate marks, and write-in positions) to ensure the scanners were accurately identifying those ballots with those pre-indicated conditions.

Our end results matched 100%, meaning after all test ballots were scanned and adjudicated, we found our test results matched the predetermined expected results with 100% accuracy.”

Only one candidate running in each of three seats representing portions of Antioch – Antioch School Board Area 2, College Board Wards 3 & 4

By Allen D. Payton

In some races for the November election only one candidate has filed to run but running as a write-candidates is still a possibility. Official write-in candidates, who can run for any office regardless of how many other candidates are running in the race and want their votes counted, must file paperwork and follow a process that ends Tuesday, Oct. 25th.

In the Antioch School District races, only one candidate filed to run in Area 2, Dr. Jaguanana “Jag” Lathan. There are also no challengers in the Contra Costa Community College District Ward 3 and 4 elections in which incumbents Rebecca Barrett and Andy Li are running again.

According to the Candidate Handbook and Resource Guide on the Contra Costa County Elections Division website, “A person interested in running as a write-in candidate may file for office between September 12 and October 25, 2022. There is no fee or charge required of a write-in candidate, except in the case of some city offices.

Any person who desires to be a write-in candidate, and have any votes cast for him/her reported, shall file a ‘Statement of Write-In Candidacy’. (Election Code 8605)

Cities, East Bay Regional Park District, East Bay Municipal Utility District, and Alameda-Contra Costa Transit District require nomination signatures to be collected for a valid write-in candidacy. Signers of nomination papers for write-in candidates shall be voters in the political subdivision in which the candidate is to be voted on. See pages 3-5 for the required number of nomination signatures.

Write-in candidates must file the same forms required of other candidates, who have filed during the regular filing period. The candidate statement form or ballot designation form does not apply to write-in candidates and write-in candidates may not submit a candidate statement.

Only votes cast for qualified write-in candidates are reported.”

Write-in candidates for city council, school board or special districts are required to file a Form 700 financial disclosure, Form 501 intention to run, and Form 470 unless they plan to spend less than $2,000. If they spend more, candidates also must open a campaign committee with a Form 410 which is filed with the Secretary of State’s office.

For city council races, write-in candidates are also required to obtain 20 nomination signatures of registered voters in the district where they are running. The voters who sign must live at the address where they are currently registered. Candidates must file their nomination papers and other forms with the city clerk’s office, except for Form 410.

For school board and special district write-in candidates, no nomination signatures are required but they must file their paperwork with the county elections office in Martinez.

Stored data on severs in the People’s Republic of China, Los Angeles DA says

Contra Costa data “was not involved in the alleged incident” – Debi Cooper, County Clerk-Recorder-Registrar

Controversial Dominion voting equipment used by county does have removable media ports; test run on Friday

By Allen D. Payton

Los Angeles County District Attorney George Gascón announced on Tuesday, Oct. 4 that the CEO of Michigan-based Konnech Corporation which is responsible for the software used in managing Los Angeles County election poll workers, has been arrested as part of an investigation into the possible theft of personal identifying information of those workers. The Contra Costa County Elections Division also uses the same software. However, it’s been confirmed that Contra Costa’s data was not involved in the alleged incident.

Konnech distributes and sells its proprietary PollChief software, which is an election worker management system that was utilized by the county in the last California election. The software assists with poll worker assignments, communications and payroll. PollChief requires that workers submit personal identifying information, which is retained by the Konnech.

“I want to thank my prosecutors and investigators for their commitment to eliminating cyber intrusions against government entities and local businesses,” Gascón said. “Data breaches are an ongoing threat to our digital way of life. When we entrust a company to hold our confidential data, they must be willing and able to protect our personal identifying information from theft. Otherwise, we are all victims.”

The investigation was concerned solely with the personal identifying information of election workers. In this case, the alleged conduct had no impact on the tabulation of votes and did not alter election results. But security in all aspects of any election is essential so that we all have full faith in the integrity of the election process.”

Earlier that day, Konnech Corporation Chief Executive Officer Eugene Yu was taken into custody on suspicion of theft of personal identifying information by investigators from the District Attorney’s Office Bureau of Investigation with assistance from the Meridian Township Police Department in Michigan. In addition, hard drives and other digital evidence were seized by LADA investigators.

The L.A. County District Attorney’s Office is seeking Yu’s extradition to Los Angeles.

Under its $2.9 million, five-year contract with L.A. County, Konnech was supposed to securely maintain the data and that only United States citizens and permanent residents have access to it. District Attorney investigators found that in contradiction to the contract, information was stored on servers in the People’s Republic of China.

The East Lansing Police Department and Ingham County Sheriff’s Office in Michigan also assisted in the investigation.

“Konnech was required to keep the data in the United States and only provide access to citizens and permanent residents but instead stored it on servers in the People’s Republic of China,” the L.A.D.A.’s office said.

As a result of Yu’s arrest, Prince William County, Virginia stopped using the PollChief software, this week, according to a Potomac Local News report.

Contra Costa Clerk Says County’s Data Not Included

Several questions were emailed to Contra Costa County Clerk-Recorder-Registrar Debi Cooper, including “does your department use any Konnech software, including its proprietary PollChief, for the Elections Division? If so, do you know if any the personal data of any poll workers, any voters or anyone else in our county was part of the alleged theft and also stored on servers in China? If so, what if anything has the Elections Division done or are they doing about it?”

Cooper responded, “Contra Costa uses PollChief for our poll worker management and communication and asset management (supplies inventory). Our software and data are stored in a secure private cloud located in Lansing, Michigan. This system is used to schedule training and communicate with our volunteers and to track polling place supplies.  It is critical to note that this system is not connected to our voter registration/ elections management system nor to our stand-alone vote tabulation system, which is not connected to any other network or the internet.”

“Our poll workers’ personal info, such as SSN or vaccination information, is managed by the Contra Costa County HR database, which is not connected to PollChief in any way,” she continued. “We have confirmed that our data was not involved in the alleged incident.  Per our contract, our data and the system have remained in the secure cloud in Lansing, Michigan.”

“In addition, Contra Costa’s PollChief system does not require any personal identifiable information to apply as an Election Volunteer, therefore no volunteer personal identifiable information is captured or stored on Contra Costa’s PollChief site,” Cooper shared. “We continue to be in regular contact with the vendor as they work through this issue.  We have reviewed our contract terms and confirmed with the company that the terms continue to be met and our data remains fully secure and without breach.”

Contra Costa’s Dominion Voting Equipment Removable Media Ports Under Lock and Key

As previously reported the county has been using the controversial Dominion voting equipment since 2018.

Regarding election security in Contra Costa County, Cooper was asked, “does the Dominion voting equipment used by the Elections Division have ports in which a mobile hard drive can be inserted and/or removed? If so, who in the office handles that and why would it be done?”

She responded, “Any open ports on our equipment at in-person voting locations (ICX accessible voting equipment, ballot printers, etc.) have locking covers or port blockers installed, which we retain the keys to.”

10/17/22 UPDATE: Friday Test Results in 100% Accuracy

On Friday, Oct. 14th, the Elections Division performed the county’s official logic and accuracy testing on central ballot counting and processing equipment. Logic and accuracy testing is a standard pre-election procedure. The test is designed to confirm that all central count equipment is in working order and functioning properly. A set of test ballots was run through each scanner to ensure they are properly programmed and operating as expected.

Questions were sent to the Elections Division staff asking about the results of the test.

Helen Nolan of the County Elections Office responded, “Our logic and accuracy testing on Friday went very well. We scanned 22,000 ballot cards, which were a mix of pre-printed test ballots, hand marked test cards, ICX (Ballot Marking Device) ballots, RAVBM ballots, and MBP printed ballot cards. Our test decks were comprised of 167 different patterns for each ballot type (unique combination of contests, candidates, and rotations). These test ballots come to us with an expected set of results.

700 ballot cards were adjudicated in order to test each ‘out-stack’ condition (blank card, overvoted contest, indeterminate marks, and write-in positions) to ensure the scanners were accurately identifying those ballots with those pre-indicated conditions.

Our end results matched 100%, meaning after all test ballots were scanned and adjudicated, we found our test results matched the predetermined expected results with 100% accuracy.”

To transform passenger rail network in 21-county Nor Cal Megaregion

Link21 is a long-range transportation program sponsored by the San Francisco Bay Area Rapid Transit (BART) and the Capitol Corridor Joint Powers Authority (CCJPA) to transform the passenger rail network serving the 21-county Northern California Megaregion, which includes the greater San Francisco Bay Area, the Monterey Bay area, the Sacramento area, and the Northern San Joaquin Valley.

Phase 1 of Link21 is currently underway. The public is invited to attend one of several in-person and virtual events this fall to engage with the Link21 team on this critical long-term planning investment in a new train crossing of the Bay and other improvements. Public input on potential rail improvement concepts is critical to the success of the Link21 Program to create a connected, equitable network of train service that cares for the people, environment, and quality of life for generations to come.

New Transbay Rail Connection

Link21 is planning a new transbay passenger rail connection between Oakland and San Francisco. Travelers will be able to ride comfortably between the Sacramento Area and downtown San Francisco, the Northern San Joaquin Valley, the Peninsula, and the South Bay. Regional Rail riders with destinations across the Bay may be able to take a direct rail connection without transferring to a different service.

Watch experts talk about the benefits of Link21 or read a report on how the new transbay rail crossing will be a game changer for Northern California. – See California Department of Transportation (Caltrans), California State Rail Plan, 2018 and MTC, Horizon, 2019

The Northern California Megaregion is one of the nation’s most dynamic economies with a wide range of geographic, industrial and cultural diversity. Link21 will create a faster, more connected train service.

“We have a once in a lifetime opportunity to design the kind of system that will make rail transit the mode of choice for trips throughout the Megaregion for everyone,” said Sadie Graham, BART’s Link21 Program Director. “We can’t do this alone and need the public to be part of the planning process at every step of this generational undertaking.”

Three Community Meetings

Three virtual community meetings will be hosted in October to provide the public an opportunity to learn about Program concept development, including results of the service improvements survey, and how all of this information and public input will be used to support technical work and further developing and evaluating concepts. The first meeting will provide a Megaregional overview and benefits focus, while the other two will focus on specific locations.

• Megaregional Focus: Tuesday, October 18, 5:30–7 p.m.
• East Bay Focus: Wednesday, October 26, 5:30–7 p.m.
• San Francisco Focus: Wednesday, November 16, 5:30–7 p.m.

In addition, Link21 will be hosting three virtual office hours to give the public an opportunity to ask questions of the technical teams.­­­

• Wednesday, October 19: Noon–1 p.m.
• Monday, October 24: 5:30–6:30 p.m.
• Thursday, October 27: 4:30–5:30 p.m.

Register at Link21Program.org/events

Events will be in English with Spanish, and Cantonese translators available. To request American Sign Language and other accommodations, please email inquiries@Link21Program.org or call 855-905-Link (5465) between one and five days in advance of the meeting date.

Can’t Make an Event?

Link21 will also be in local communities to share information and engage with the public. Visit the website for more details. Recordings for all virtual events will also be posted on the website.

Interim Chief Ford won’t say if APD has a policy on release of body cam videos; coordinates with council members on Community Forums

By Allen D. Payton

During a press conference by Antioch Interim Police Chief Ford Wednesday morning, Oct. 11, 2022, he reported that of the 102 sworn officers currently on the city’s police force there are only 76 active, with eight officers under investigation and on paid leave. That’s from the total of 115 sworn officers budgeted by the city council. Ford was joined by Captains Tony Morefield and Trevor Schnitzius, as well as Leiutenant John Fortner who helped provide information to answer reporters’ questions.

Two officers who are suing the city and District 1 Councilwoman Tamisha Torres-Walker are also on paid leave. But it is not known if either or both officers are included in the eight under investigation. (See related article)

That leaves between 16 and 18 sworn officers who are on paid leave for illness or injury. Antioch Police PIO Darryl Saffold later confirmed, “we have several officers who are sick or injured.”

In response to a question of how many candidates the department currently has on in the academy, Schnitizius said they had one trainee in the Alameda County Police Academy, one of several used by the department, and that they had added four officers to the force in the past two months.

No Update on Investigation of Alleged “Crimes of Moral Turpitude”

Although he was expected to provide an update on the investigation of the officers by the FBI and Contra Costa District Attorney’s Office, Ford would not offer any additional details. He mainly said, “our officers deserve their due process…and should not be tried in the court of public opinion” and that “the purported allegations are not reflective of the organization as a whole.”

During the question and answer portion of the press conference, following Ford’s brief, prepared remarks, when asked for a definition of the term, “crimes of moral turpitude” that the eight are accused of and what could fall under that he responded, “I’m not prepared to speak to anything about the investigation, specifically.”

Asked if they were on paid leave, Ford responded, “they are technically separated from the organization and on unpaid leave.” When asked to clarify if the eight officers were on non-paid or paid leave, he said, “paid leave”.

(See related article)

APD Coordinates with Council Members on Community Forums

Ford was then asked if the Community Forums are his forums, the department’s or the council members’ forums and if he would commit to in the future not hold the in the afternoon, when most people are still not home from work, like the recent one. Ford responded, “the Community Forum is really a platform for the community, it doesn’t belong to us, it doesn’t belong to the council.”

“I do work in concert with each councilperson,” he continued. “I give them the respect to identify the venue in their district. Then we respond to the venue of their choice.”

Asked how many K-9 teams the department has deployed Sergeant

Asked about the suspect in the

Won’t Say if APD Has Policy on Officer Body Cam Footage Release

Since only two police body cameras have been released by APD since they’ve been used, he was asked what is the department’s policy for releasing videos and specifically the footage from the incident with Councilwoman Tamisha Torres-Walker in October 2021.

“I just want to speak to the idea that…in consultation with our city attorney the decision that was made was made. I’ll leave it at that. We did consult with the city attorney.”

“So, it’s on a case-by-case basis?” he was then asked. Ford responded, “I’m not going to say that. With specific reference to what you just inquired, we did consult with the city attorney, and that decision was made.”

Pressed further for APD’s policy, he said, “There are rules and regulations surrounding that, for sure. Absolutely.” But Ford didn’t say what if any the department’s policy is for releasing body camera video footage.

 

 

 

Seven since she was elected include reports of gunshots, dirt bike riding, loud music, fireworks

By Allen D. Payton

Due to reports that there have been multiple calls for service by Antioch police at the home of District 1 Councilwoman Tamisha-Torres Walker over the past few years, a Public Records Act request was made to the Antioch Police Department. The response shows there have been 11 reports of incidents at her home between June 2020 and last month.

Two of the calls were about the same loud music on the same day on August 21, 2021, and four calls were on Oct. 2 and 3, 2021, which ended in her being charged with interfering with a police officer who responded to the scene of five or six gunshots. The charges against her were later dropped by the District Attorney. (See related articles here and here)

That totals eight separate incidents resulting in calls for service by Antioch police at Torres-Walker’s home in Antioch, of which seven occurred since she was elected in November 2020.

Following is the information about the complaints provided by APD’s Police Records Supervisor Amanda Nelson (her specific address has been removed by the Herald): Calls for service at Torres-Walker’s home – APD 092022

• 10/5/21 5:30 pm at — Gary Ave. Reports of someone riding a dirt bike up and down the street.
• 10/3/21 1:35 am at — Gary Ave. Reports the vehicle that fired shots earlier had returned and several people got out of the vehicle with flashlights.
• 10/3/21 12:27 am at — Gary Ave. Reports of a loud party in the area and 5-6 shots heard.
• 10/2/21 6:46 pm at — Gary Ave. Reports a group of people drinking alcohol in front of this location, and driving dirt bikes up and down the street.
• 10/2/21 5:38 pm at — Gary Ave. Reports people riding dirt bikes on the street and popping wheelies. 8/29/21 4:21 pm at 508 Gary Ave. Reports disturbance amongst guests and one refusing to leave.  Related to loud music calls and also a dog being let out.
• 8/23/21 8:04 pm at — Gary Ave. Reports a group of juveniles riding quads and dirt bikes and then gathering at this location.
• 8/21/21 2:00 pm at — Gary Ave. Reports loud music came back on after officers drove by.
• 8/21/21 1:34 pm at — Gary Ave. Reports loud music coming from a parked vehicle.
• 3/20/21 7:31 pm at — Gary Ave. Reports subjects from this residence riding a quad on the sidewalk.
• 6/10/20 8:37 pm at — Gary Ave. Reports of fireworks coming from the backyard of this location.

Questions for Torres-Walker Go Unanswered

About the incidents and what she’s done in response Torres-Walker was asked, “Were you at home during each of the calls for service? Did you speak with officers each time? If not, were any of your children at home at the time and responsible for the incidents? If so, have you spoken to them about the behavior that resulted in reports to the police department resulting in calls for service at your home and if so, what did you tell them? Have you apologized to your neighbors for the incidents and the impact on their quality of life?”

In addition, she was asked, “for full transparency by you, will you ask the Antioch Police Department to release the police body camera video footage of the incident on Oct. 3 in which you were accused of and charged for interfering with a police officer and do so before the election?”

She did not respond prior to publication time.

First elected in 2020, Torres-Walker is running for re-election to her District 1 seat this year.

Please check back later for any updates to this report.

 

New hearing set for Dec. 13

By Allen D. Payton

According to an Antioch resident who was at the courthouse in Martinez, Wednesday, Oct. 12, 2022, Mayor Lamar Thorpe did not show up for his DUI trial before Judge Joni T. Hiramoto, and that his lawyer stated Thorpe wants to change his plea from not guilty. The resident also shared that a new hearing for Thorpe is set for Dec. 13, 2022, in Dept 20. at 8:30 am. The information was later confirmed by Contra Costa District Attorney’s Office Public Information Officer, Ted Asregadoo.

Thorpe was arrested in March for DUI at 1:15 a.m. in Concord. In a Facebook video later that morning he apologized for having “the drink with dinner”. He wouldn’t say with whom or where he had dinner nor what alcohol he had consumed that night. Thorpe was charged by the DA and later pled not guilty. (See related articles here, here, here and here)

However, reports from the staff of an Antioch restaurant are that Thorpe had consumed three shots of alcohol earlier that evening before heading out of town.

An email was sent to Asregadoo Wednesday morning asking, if he could confirm the information provided by the resident was true and if not, to please provide the correct information. In addition, he was asked who from the DA’s office is prosecuting the case.

“You are correct,” he replied. “The next court date is on 12/13/22 at 8:30 am in Department 20.  They set the date today for a change of plea. I don’t know which DDA has been assigned to this case, but the supervisor of the misdemeanor trail team is Jay Melaas.”

Attempts to reach Thorpe were unsuccessful asking if what the resident shared is true and if not to please provide the correct information. He was also asked, “Why weren’t you there? Were you still in Seattle for the APTA conference or traveling home at the time? What will you be changing your plea to? No contest or guilty? Will you attend the new hearing on Dec. 13?”

Thorpe might have been traveling home from the conference, today and unable to respond to questions. An effort to reach staff of Tri Delta Transit asking who from the agency attended the conference and if Thorpe, who is the agency’s board vice chair, was among them were unsuccessful prior to publication time. District 4 Councilwoman Monica Wilson who is also a board member for the agency representing Antioch did not attend the conference, as was previously expected.

Please check back later for any updates to this report.

 

After she checked her calendar and selected the date

By Allen D. Payton

At the end of the regular Antioch City Council meeting Tuesday night, Oct. 11, 2022, Mayor Pro Tem Mike Barbanica who was leading the meeting in Mayor Lamar Thorpe’s absence, called for a special meeting. He wanted only one item on the agenda, a vote to censure Thorpe. Both Councilwomen Lori Ogorchock and Monica Wilson agreed.

Barbanica wanted to hold the meeting on Thursday, Oct. 13 or Friday, Oct. 14. But Wilson said she would be unavailable. She checked her calendar and selected next Tuesday night, Oct. 18th. Barbanica and Ogorchock agreed but Councilwoman Tamisha Torres-Walker said she would be unavailable that night.

Then, Thursday morning at 9:50 a.m., Barbanica informed the Herald that “the special meeting has been cancelled. I received a call from the city attorney, and he informed me Monica had changed her mind.”

Asked if he would contact Wilson and Torres-Walker to learn if they were available another night to hold the special meeting Barbanica said he would call City Attorney Thomas L. Smith to poll the councilmembers to determine if there’s a third vote for a special meeting.

“I believe the mayor should be my third vote to hold a special meeting if he truly believes in transparency as he has claimed since taking office,” Barbanica added.

Efforts to reach Wilson were unsuccessful Wednesday morning asking her, “Why did you change your mind? Did you discover this morning a conflict in your schedule that night? Do you still support holding a special meeting to vote on censuring the mayor? If so, what nights next week are you available and have you informed the city attorney of those options?”

Efforts to reach Torres-Walker were unsuccessful asking if she supports holding a special meeting to vote on censuring the mayor and if so, what nights next week she’s available and has she informed the city attorney of those options.

Please check back later for any updates to this report.