The first batch of ballots are scheduled to go out Saturday morning in Newport Beach’s evolving special election amid a series of legal challenges, including the California Secretary of State debating whether the election is legitimate or not, according to one city council member.
The election comes after city leaders were ordered by OC Superior Court Judge Julianne Bancroft last month to host a special election for three ballot initiatives on the same day as the general election, with Bancroft noting city leaders’ legal challenges delayed those initiatives and the city’s actions could amount to obstruction and they “abused their discretion.”
Her ruling gave city staff just over 50 days to pull an election together from scratch, with both the county registrar and the California Secretary of State turning down their requests to help run the election with city officials saying very little about what their plans were publicly.
The city is likely facing legal challenges whether the election moves forward or not, with an anonymous Newport Beach resident hiring lawyers who sent a notice to the city earlier this week threatening to sue if the election moves forward.
State law and the city’s own charter also prohibits the election, with both requiring any elections held on the day of the general election be consolidated in one ballot.
But under Bancroft’s order, the city has to move forward with an election, and Bancroft has denied multiple requests from city officials seeking to delay the election or change the date from Nov. 3.
What is Going on the Special Ballot?
The three initiatives in question were entirely funded by local developer Ken Picerne, who hasn’t spoken publicly about why he supports them, and are aimed at increasing transparency at city hall, implementing strict term limits for city council members and shifting to district elections.
Picerne also sponsored another ballot initiative that made it to the general election, aimed at shrinking the total amount of new housing approved in town.
While the initiatives were submitted on time for the general election, city leaders filed a series of complaints about them in court that delayed the initiatives’ chance to qualify for the ballot for months – a move Bancroft said could lead to an obstruction charge against the city.
Can the City Host an Election?
It’s been over 40 years since Newport Beach held an election without the help of the county registrar according to multiple city council members, with city Attorney Aaron Harp declaring it was “impossible,” to do it without their help at a city council meeting last week.
Council members didn’t publicly discuss most of those concerns at a special meeting on Friday evening, skipping the public staff presentation after they spent nearly three hours behind closed doors discussing the predicament.
Councilman Erik Weigand said publicly they were told by the city attorney that the California Secretary of State may be about to declare the election invalid, highlighting that the hundreds of ballots going to overseas and military voters wouldn’t even include an election guide.
“If the state is saying this is illegal, and the county is saying we haven’t hit any of the deadlines, we know for a fact whether we send these ballots tomorrow or not we’re going to get information that we can’t conduct or hold this election,” Weigand said at the meeting. “The election will be null and void.”
While the election guide is set to eventually be shipped out, it is set to arrive after the ballots according to Weigand.
It remains unclear how the city staff could validate the signatures of voters once they receive them, with County Registrar Bob Page repeatedly telling city leaders over the past week he would not offer up voter signatures to them in a series of emails he posted online.
Page also explicitly stated they would not provide the city with any of the confidential voter information necessary to host an election in emails to Newport Beach City Clerk Lena Shumway earlier this afternoon.
“The Registrar of Voters cannot provide the City with confidential voter registration information today, which includes signature images, language preference, accessible ballot requests, and information about any confidential voters residing within Newport Beach.”
Page also posted an email exchange between the city’s elections consultant and the California Secretary of State highlighting that the consultant was asking what was needed from the city to get access to voter signatures.
Despite those hurdles, city council members did not vote to stop the election, with Councilwoman Robyn Grant saying that until the writ from the judge is shut down, they have to move forward.
“This body has voted by majority to comply with the writ,” Grant said. “We can be in compliance with the writ until it’s established…in some legitimate proceeding that a lawful election cannot be conducted.”
Noah Biesiada is a Voice of OC reporter. Contact him at nbiesiada@voiceofoc.org.
