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Home Court filings Pennsylvania Voters Alliance v. Centre County Exhibit C — CTCL Grant Award Letter to Philadelphia — PA Voters Alliance v. Centre County (M.D. Pa.)

Court filing

Exhibit C — CTCL Grant Award Letter to Philadelphia — PA Voters Alliance v. Centre County (M.D. Pa.)

Filed September 28, 2020 in Pennsylvania Voters Alliance v. Centre County; one of 21 filings from this case.

Record facts

CourtU.S. District Court for the Middle District of Pennsylvania
Filed2020-09-28

U.S. District Court for the Middle District of Pennsylvania · No. 4:20-cv-01761-MWB · Doc. 5-5 · 2020-09-28 · Docket on CourtListener

Full text

August 21, 2020 
 
City of Philadelphia  
Office of the Director of Finance 
1401 John F. Kennedy Blvd. Ste 1330 
Philadelphia, Pennsylvania 19102 
 
To whom it may concern: 
I am pleased to inform you that the Center for Tech and Civic Life (“CTCL”) has awarded the 
City of Philadelphia (“City”) a grant to support its work in connection with the safe 
administration of elections in 2020 (the “Grant”). 
The following is a description of the Grant:  
AMOUNT OF GRANT: Ten million, sixteen thousand and seventy-four US dollars 
(USD $10,016,074).   
PURPOSE:  
The Grant funds must be used exclusively for the public 
purpose of planning and operationalizing safe and secure 
election administration in the City of Philadelphia in 
accordance with the attached Philadelphia Safe Voting Plan 
2020.  
Before we transmit these funds, we ask that you sign this agreement promising to use the 
Grant funds in compliance with United States tax laws.  Specifically, by signing this letter on 
behalf of the City you confirm and agree to the following: 
EXHIBIT C-1
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CENTER FOR TECH & CIVIC LIFE 
HELLO@TECHANDCIVICLIFE.ORG 
PAGE 2 
1. 
The City is a local government unit or political subdivision in the meaning of 
26 USC 170(c)(1). 
 
2. 
This Grant shall be used only for the public purpose described above, and for 
no other purposes. 
 
3. 
The City shall not use any part of this grant to give a grant to another 
organization unless CTCL agrees to the specific sub-grant in writing. 
 
4. 
The City has produced a plan for safe and secure election administration in 
2020, including an assessment of election administration needs, budget 
estimates for such assessment, and an assessment of the impact of the plan 
on voters (“the Plan”). The Plan is attached to this agreement. The City shall 
use the Grant Funds only for purposes contained in The Plan. 
 
5. 
The City will endeavor to expend Grant funds pursuant to the section of the 
Plan entitled “Mail in and absentee equipment” on the items listed in that 
section of the Plan and shall repay any portion of the Grant funds designated 
for any item not purchased by November 15, 2020, absent an agreed-upon 
substitution or expenditure or extension of time by grantor. 
 
6. 
The City shall expend Grant funds as follows: 
 
i. The City and the City Commissioners (“the Commissioners”) have 
submitted to CTCL a plan which includes a section entitled “Satellite 
Election Offices and Ballot Drop-off Options.  The City shall 
communicate any changes from this section of the plan including 
any reduction in planned number, operating hours, or operating 
dates of satellite election centers to grantor and shall communicate 
the reasons for any such reduction.  Nothing in this section shall be 
construed to require action inconsistent with state or federal law or 
regulation nor shall anything in this section be construed to limit in 
any way the independent decision-making rights, abilities, and 
obligations of the Philadelphia County Board of Elections. 
 
ii. The City and the Commissioners have submitted to CTCL a plan which 
includes a section entitled “Secure Dropboxes.” The City shall 
communicate any changes from this section of the plan including any 
reduction in the planned number, operating hours, or operating dates 
EXHIBIT C-2
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CENTER FOR TECH & CIVIC LIFE 
HELLO@TECHANDCIVICLIFE.ORG 
PAGE 3 
of satellite election centers and shall communicate the reasons for 
any such reduction. Nothing in this section shall be construed to 
require action inconsistent with state or federal law or regulation nor 
shall anything in this section be construed to limit in any way the 
independent decision-making rights, abilities, and obligations of the 
Philadelphia County Board of Elections. 
 
iii. The City and the Commissioners have submitted to CTCL a plan which 
includes a section entitled “In-person Voting at Polling Places on 
Election Day.”  The City and the Commissioners shall work to secure 
800 or more in-person polling places on Election Day, pursuant to this 
Section.  To extent the goals of that section of the Plan are not met, 
the City shall communicate to grantor the number of polling places, 
rationale for opening fewer than 800 polling places, the approximate 
average and maximum distance between a registered voter’s 
residence and their assigned polling place, a description of all courses 
of action or plans undertaken to open 800 or more polling places, and 
why each such course of action or plan was not successful. Nothing in 
this section shall be construed to require action inconsistent with 
state or federal law or regulation nor shall anything in this section be 
construed to limit in any way the independent decision-making rights, 
abilities, and obligations of the Philadelphia County Board of 
Elections. 
 
iv. Grantor shall not unreasonably withhold agreement to modify any 
requirement under this paragraph for good cause. 
 
7. 
The City shall produce a report documenting how the Grant funds have been 
expended in support of the activities described in paragraphs 4-6. This report 
shall be written and sent to CTCL by January 31, 2021 or in any other format 
approved by CTCL. 
 
8. 
Subject to the City’s Code and Charter, the City shall use funds granted 
pursuant to this agreement only to supplement its election administration as 
detailed in this agreement. The City shall not supplant state or local funds 
that have been previously allocated.  
 
EXHIBIT C-3
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CENTER FOR TECH & CIVIC LIFE 
HELLO@TECHANDCIVICLIFE.ORG 
PAGE 4 
9. 
CTCL may discontinue, withhold part of, or request the return of all or part of 
any unspent Grant funds if it determines, that any of the above conditions 
have not been met. 
 
10. 
The Grant funds shall be used during the project period of June 15, 2020 
through December 31, 2020 or as otherwise agreed upon. 
 
Your acceptance of these agreements should be indicated below. Please have an 
authorized representative of The City of Philadelphia sign below, and return a scanned 
copy of this letter to us by email at grants@techandciviclife.org. 
On behalf of CTCL, I extend my best wishes in your work. 
Sincerely, 
 
Tiana Epps Johnson 
Executive Director 
Center for Tech and Civic Life 
 
 
CITY OF PHILADELPHIA  
 
 
 
 
 
 
By: __________________________  
 
 
 
 
 
Title: _________________________  
 
 
 
 
 
Date: _______________________  
 
 
 
 
Ashley Del Bianco, Chief Grants Officer
8/21/20
EXHIBIT C-4
Case 4:20-cv-01761-MWB   Document 5-5   Filed 09/28/20   Page 4 of 11

 
  
To: Center for Technology and Civic Life 
From: Nick Custodio, Deputy Commissioner 
Date: August 7, 2020 
Re: Funding Request for Election Systems for November General Election 
 
Overview 
 
The City of Philadelphia faces significant challenges in executing the November 3, 2020 general 
election. As the June 2 primary revealed, in November the city will essentially have to run two 
elections, at the same time, on an unprecedented scale: one via absentee and mail-in ballots; 
and a second at in-person polling places. The number of total ballots cast is expected to be 
between 730,000 and 800,000, potentially split between the two modes of voting, which will 
each entail special challenges. 
 
This document offers an assessment of resources needed for Philadelphia to safely and 
thoroughly prepare for the general election. In addition to projecting needs based on the unique 
June 2 primary, turnout from past presidential elections, and the continued risks of COVID-19, 
this plan capitalizes on new voting procedures authorized by Act 77 of 20191 that should help 
ensure the election is safe, secure and accessible for every eligible Philadelphia voter. 
 
In these extraordinary circumstances, to deliver a smooth voting process and a satisfactory voting 
experience for Philadelphia’s 1.1 million voters will require a concerted and collaborative effort. 
Accordingly, we have convened a working group consisting of my office, the Mayor’s Office, the 
Governor’s Office, other relevant public entities, and advocacy groups to work through 
challenges regarding implementation. Meeting this challenge will also require additional 
resources to the City of Philadelphia for election implementation. 
 
A preliminary budget overview estimate on top of what is already available to the City is as 
follows: 
 
Mail-in and Absentee and Processing Equipment 
$5,500,554 
Satellite Election Offices for in-person mail-in voting 
 $2,272,220 
In-person Voting at Polling Places on Election Day 
     $1,321,300 
Secure Dropboxes and related needs 
     $552,000 
Printing and Postage and related needs 
   $370,000 
Total 
     $10,016,074 
 
                                                        
1 Act of Oct. 31, 2019, P.L. 552, No. 77. 
EXHIBIT C-5
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Needs Assessment & Costs 
The following sections outline initial details of the mailhouse-type processing operation, 
installation of drop boxes, additional satellite election offices for early voting, personnel needs, 
and the costs associated with each: 
 
Mail-in and Absentee Equipment 
Automation will be critical to efficiently and accurately manage hundreds of thousands of ballot 
envelopes and ballots in the 2-4 weeks leading up to Election Day and in the canvassing process 
afterwards and help report results faster. The following equipment is needed to relieve the 50+ 
staffers and extensive overtime that was utilized in the primary: 
 
● High-speed industrial Printer: Printer will be used to print mail-in and absentee ballots. 
Currently, the City Commissioners’ six (6) networked printers can produce about 15,000 
ballots a day, if running optimally. A high-speed industrial printer capable of 15,000 per 
hour would greatly reduce the time between application approval and a voter’s ballot 
entering the mail stream. This is particularly important around the application deadline 
on the Tuesday before the election. Cost: $987,980 
● Specialized VBM Inserter: An inserter combines the contents of the ballot packet and the 
prints addresses on the outgoing and return envelope. Ballot packs include multiple 
items: the ballot, instructions, return declaration envelope with the voter’s information 
printed on it, secrecy envelope, and plain English statements of the ballot questions. An 
inserter rapidly folds the ballots and constructs the packets, guaranteeing the appropriate 
ballot is inserted for a specific voter. The inserter also prints the voter’s address on the 
outgoing envelope and the voter’s information on the return declaration envelope, 
information which must include the voter’s name, address, ward-division,  and a barcode 
with the same information so that the automation of the sorting equipment can read 
information. The inserter being requested is able to print on both sides of the envelope 
and include an intelligent mail barcode (IMB). The double-sided printing and applying the 
IBM all at once is important to increase accuracy, ensure the voter receives the correct 
ballot packet and improves efficiency. Cost:$798,895; or for two: $1,597,790, plus 
$69,500 for 2 high-speed folder.  
● Sorters automate the sorting of both outbound ballot packs for cheaper US Postal Service 
rates and inbound ballot envelopes, decreasing mailing inefficiencies and delays in 
opening and scanning returned ballots. The sorter also will do the voter history update 
scan, which is a time-consuming process currently that takes dozens of Commissioners’ 
staffers at least a week to complete. The scan would also allow for the adjudication of 
declaration envelopes to be done electronically, which is significantly faster than the 
current hand method. Lastly, it will sort the ballots into ward and division order, a process 
that took 40 people several days to complete during the 2020 Primary.  Cost:$488,592, 
or for two: $977,184 
EXHIBIT C-6
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● Extractors: Though the Commissioners had automatic letter openers in the primary, they 
were not enough. The process of physically removing ballots from the envelopes took too 
long and took staff away from other activities and created a backlog so that the 
Commissioners’ were unable to keep their scanners constantly going. The extractors not 
only cut open the ballot return and secrecy envelopes, but they also present the contents 
for staff to remove and immediately replace with a fresh envelope. Discarded envelopes 
are checked automatically to ensure their contents were removed. Twenty-two 
extractors, eleven for working on each envelope, will eliminate the need for any envelope 
opening by hand and open all anticipated ballots in three working days. Estimated cost: 
~$660,000 
● Ballot scanners: Philadelphia used four Election Systems and Software (ES&S) DS450 
scanners in the primary election, each of which can scan up to 72 ballots per minute. ES&S 
manufacturers another scanner (DS850) which can scan up to 300 ballots per minute. 
With the additional equipment speeding up the ballot opening process, additional 
scanners are needed to prevent a backlog. Philadelphia will seek to purchase 4 additional 
DS450s and 4 DS850s. Cost: $611,300. 
 
 
Total cost 
Units 
Unit costs 
Printer 
$987,980 
1 
$987,980 
Inserter 
$1,597,790 
2 
$798,895 
Sorter 
$977,187 
2 
$488,592 
Extractors 
$660,000 
22 
$30,000 
Ballot  
Scanners  
– DS850 
$411,500 
4 
$102,875 
Ballot  
Scanners  
– DS450 
$199,800 
4 
$49,950 
Highspeed  
Folder 
$69,500 
2 
$34,750 
Space for 
equipment 
$200,000 
 
$2000,000 
1 year  
Additional Maintenance $334,137 
1 
$334,137 
Ink 
$14,060 
1 
$14,060 
EXHIBIT C-7
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4 
  
Ballot Prep Software 
$48,600 
1 
$48,600 
TOTAL 
$5,500,554 
 
 
 
Satellite Election Offices and Ballot Drop-off Options 
Act 77 of 2019 allows counties to set up multiple election offices where a voter can request an 
absentee or mail-in ballot, then complete and return it in the same visit.2 A voter can go to any 
satellite office and register to vote, if needed, request a mail-in ballot in-person, receive it, vote, 
and return it all at the same location. In addition, voters could bring already voted ballots making 
the satellite offices additional drop-off locations. Early voting satellite offices will be open and 
fully staffed until the deadline to apply for a mail-in ballot, thereafter through Election Day they 
will remain open as ballot drop-off locations. They must also be sufficiently staffed with 
permanent staff with hazard pay to limit worker turnover, handle a surge in voters before polls 
open, and manage sites in a pandemic environment. 
 
The City Commissioners already have two in-person mail-in voting locations set up at their 
existing offices at City Hall and 520 N. Columbus Blvd, that are fully equipped to offer these 
services. These two offices are both in the Center City Region. The City Commissioners would 
like to open up 15 additional regional offices throughout the city. However, it will require a 
notable investment in equipment, staff, real estate, and close collaboration with other city 
departments. Satellite election offices must meet the following conditions according to PA 
Department of State guidance: 
 
● Staffed by trained elections staff and in a municipal or county-owned or leased property 
● Connected to the Statewide Uniform Registry of Electors (SURE) system for staff to 
confirm voters’ registration record (via local county network or a VPN connection) 
● Ability to provide any ballot style used in the election (Philadelphia has nearly 60 in the 
November 2020 general election) 
● Secure storage for completed ballots 
 
Cost per additional satellite location is as follows:  
 
 
Item 
Quantity Base 
Total 
Onetime 
Voting Booths 
4 
$              165  $           660  
Onetime 
Accessibility Voting Booths 
1 
$              190  $           190  
Onetime 
Ballotar laptop and Oakie Printers 
2  $        10,810   $     21,620  
Recurring ES&S Ballotar Annual Software Fee 
2  $              880  $        1,760  
                                                        
2 Pennsylvania Applications and Balloting Guidance: Mail-in and Absentee Ballots and Voter Registration Changes. 
PA Department of State. January 10, 2020. 
EXHIBIT C-8
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5 
  
Recurring Clerk 1 
2  $        33,476   $     66,952  
Recurring Additional Regular OT 
2  $        12,400   $     24,800  
Recurring Additional Holiday OT 
2  $              438   $     875.00  
Onetime 
Temporary Employee 
1  $          6,000   $        6,000  
Onetime 
Temporary Employee - OT 
1  $          1,391   $        1,391  
Onetime 
Office Equipment - Folding Machine 
1  $          7,800   $        7,800  
Onetime 
Computer Equipment 
2  $              750   $        1,500  
Onetime 
Furniture & Furnishings 
2  $              500   $        1,000  
Onetime 
Secure Ballot Box 
1  $          1,500   $        1,500  
Onetime 
Signage 
1  $              500   $           500  
Total 
 
$   136,548  
   
Team Leader (4) @ $56,000 each= $224,000 
Estimated cost to open 15 additional satellite locations - $2,272,220 
 
Secure Dropboxes 
Installing at least 15 secure, 24-hour drop boxes at each early vote location will help ensure that 
voters have some opportunity to return their ballots if it may be too late to send via USPS. 
(Current law does not honor postmarks.) These would be in addition to 24-hour drop boxes 
located at City Hall and the Voter Registration Office at Delaware and Spring Garden. Purpose-
built ballot drop boxes cost approximately $10,000 each, including installation, and can be more 
easily secured on election night to prevent ballots from being deposited after 8pm. Each box 
needs 24-hour video surveillance. In addition to equipment costs, courier/pick-up teams will be 
needed to pick up deposited ballots from 24-hour drop boxes and to monitor drop-off boxes 
within public facilities. Chain of custody protocols and sufficient staffing to manage higher 
volume prior to Election Day will be critical. 
  
 
Total cost 
Units 
Unit costs 
Secure Dropbox 
$150,000 
15 
$10,000 
Temporary Ballot 
Collection Staff 
$40,000 
5 
$8,000 
Ballot Collection Team 
Leader 
$112,000 
2 
$56,000 
Security needs 
$250,000 
 
 
EXHIBIT C-9
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6 
  
TOTAL 
$552,000 
 
 
 
In-person Voting at Polling Places on Election Day 
The Office of the City Commissioners is committed to working to secure more than 800 fully-
staffed polling places on election day. The Commissioners will make the final decisions based on 
ADA standards, relative distance to the division, accessibility, and voter convenience. 
 
For each division to have a full, 5-member Election Board (Judge of Elections, two Inspectors of 
Election, one Clerk, and one Machine Inspector) will require recruiting, training, and assigning up 
to 8,515 poll workers (1,703 divisions x 5 Election Board members). Philadelphia's Election Board 
unit is reaching out and confirming Election Board workers currently, earlier than usual. Currently 
the Election Board unit has confirmed 1,898 Election Board Workers. 
 
The City Commissioners and elections staff are working to update training materials (currently a 
52-page guide and 40-slide presentation). Additional changes may be necessary based on further 
changes to the Election Code made by the General Assembly, the outcome of active litigation, 
and new COVID guidance. Training resources will ideally include: 
● Updated Election Board Guide and seminar presentation 
● Online training with audio and visual components (e.g., videos, self-assessment) 
● In-person training sessions with up to 20 attendees, depending on space and health risks 
● Additional space for poll workers to access computers and Internet for online training 
(e.g., school computer labs) 
 
Total cost 
Units 
Unit costs 
Online training 
platform 
$19,500 
15 
$1300 per user/per year 
Training Manual 
$10,500 
 
 
Poll Worker Hazard Pay 
$851,500 
8,515 
$100 per poll worker 
Poll Worker PPE 
$250,000 
 
 
Poll Place Cleaning 
Bonus 
$94,800 
474 
$200 per private location 
OT Costs to Open 
Schools 
$60,000 
 
 
Student Poll Worker 
Campaign Costs 
$10,000 
 
 
EXHIBIT C-10
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7 
  
Advertising for Poll 
Worker Recruitment 
$25,000 
 
 
TOTAL 
$1,321,300 
 
 
 
Conclusion 
The investments outlined above will allow the City of Philadelphia to reduce the risk of exposure 
to coronavirus for Philadelphia voters, election staff and poll workers; identify best practices; 
innovate to efficiently and effectively educate our residents about how to exercise their right to 
vote; be intentional and strategic in reaching our historically disenfranchised residents and 
communities; and, above all, ensure the right to vote in a diversity of communities throughout 
the City of Philadelphia. Thank you for the opportunity to submit this request. 
 
EXHIBIT C-11
Case 4:20-cv-01761-MWB   Document 5-5   Filed 09/28/20   Page 11 of 11

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