California: Activists sue Santa Barbara, alleging voting rights violations | Los Angeles Times

Santa Barbara on Tuesday joined the ranks of California cities to be sued over their method of electing public officials. Five Spanish-surnamed registered voters in the city of more than 88,000 filed suit in Santa Barbara County Superior Court, claiming the city is in violation of the California Voting Rights Act. Santa Barabara Mayor Helene Schneider called the lawsuit premature and said the city had already authorized a study of its elections. The plaintiffs allege the city’s at-large elections system “has resulted in vote dilution for Latino residents and has denied them effective political participation in elections to the Santa Barbara City Council.” They want the court to order the city to begin electing its council members by geographic district. They believe by-district elections would give Latino voters, who are largely concentrated in certain areas of the city, a better chance of electing at least one representative of their choice to the council.

California: Alarcon conviction is the latest in string of residency prosecutions | Los Angeles Times

With their convictions this year, two Los Angeles politicians face prison time for a crime once seen as nearly impossible to prosecute. Former Los Angeles City Councilman Richard Alarcon was found guilty this week of perjury and voter fraud for lying about where he lived so he could run for city office. With state Sen. Roderick Wright convicted on similar felony charges in January, Alarcon became the ninth politician since 2002 to be successfully prosecuted by the Los Angeles County district attorney for not living in the districts they ran to represent. There was also a Vernon mayor, a West Covina school board member and a Huntington Park city councilwoman, to name just a few. “Any politician who doesn’t take this seriously is really very self-destructive,” said Raphael Sonenshein, executive director of the Pat Brown Institute for Public Affairs at Cal State Los Angeles. In the past, the vagueness of the legal standard for residency has made these crimes “particularly difficult to prove,” said UC Irvine election law professor Richard Hasen.

California: Former Councilman Richard Alarcon, wife guilty of voter fraud, perjury | Los Angeles Times

Former Los Angeles City Councilman Richard Alarcon and his wife were convicted Wednesday of some but not all voter-fraud and perjury charges brought in a case that accused them of lying about where they lived so he would be qualified to run for his council seat. A seven-woman, five-man jury delivered the split verdicts to Los Angeles County Superior Court Judge George G. Lomeli. The couple was accused of claiming to live in a Panorama City house that was under repair, when they actually lived in a larger, nicer home in Sun Valley, outside his 7th District. Former Los Angeles City Councilman Richard Alarcon and his wife are convicted of voter fraud and perjury for living outside the district the councilman was elected to represent. State and city election law requires candidates to live in the district they seek to represent. Alarcon, 60, was convicted of three voter-fraud charges and one perjury charge, but acquitted on 12 other counts. His wife, Flora Montes de Oca, was convicted of two voting charges and one perjury count.

California: ‘Voting’ Part of Voting-Rights Settlement Not Actually Workable | SCV News

Despite various Santa Clarita Valley governing boards’ approval of election changes in response to California Voting Rights Act concerns, an outdated county system won’t be able to handle the changes for at least another four years, officials said. “Our current voting system both the devices we use at the polls and, more importantly, the tabulations system we use… can not run a cumulative voting system,” said Efrain Escobedo, governmental and legislative affairs manager for the Los Angeles County’s Registrar-Recorder’s Office. “It’s just the limitations of the technology,” he said, referring to a voting system created in the late 1960s. And there’s no statewide precedent for how cumulative voting — a system that would allow a voter to cast up to three votes for one candidate in a three-seat race — is to appear on the ballot. “There’s also no voting system currently approved for use in California that can actually do that, either,” he said.

California: Pérez calls off recount in California controller runoff | Los Angeles Times

Assemblyman John A. Pérez ended the recount in the controller race on Friday, halting a process that many have criticized as a weakness in California election laws. The decision from Pérez, a Los Angeles Democrat, assures Betty Yee, a Bay Area Democrat and member of the Board of Equalization, a spot in the general election in November. She will face Ashley Swearengin, the Republican mayor of Fresno. Pérez called for the recount after finishing 481 votes behind Yee in the June 3 primary, but he was unable to gain traction after a week of double-checking ballots in Kern and Imperial counties. Under California law, whoever asks for the recount has to pay for the process, and Pérez spent roughly $30,000 to gain only 10 votes. In addition, it appeared unlikely that the recount could be finished before ballots for the general election needed to be printed and mailed to military members and voters living overseas.

California: How Los Angeles County is Rethinking Oudated Voting Technology | NationSwell

With 4.8 million registered voters, 5,000 polling places and the need to provide voting material in 12 different languages across the country’s largest election jurisdiction, Los Angeles County has its hands full during election season. Which is why local election administrators are looking beyond repairing old systems to design a new one that meets the unique needs of its voters, according to Governing. The project, helmed by registrar-recorder/count clerk Dean Logan, is aimed at creating a public-owned and operated, transparent and safe system that ensures voters their ballot is accurately cast and counted. The current system, which was developed by the L.A. County government during the late 1960s, employs different contracts from various commercial vendors for components of the overall voting system, according to Logan. He contends there has yet to be a voting system on the market to meet L.A. County’s needs, and creating a modernized system rather than rebuilding a version of an existing model is the solution.

California: Assemblyman plans to introduce California recount overhaul measure | The Sacramento Bee

Assemblyman Kevin Mullin said he plans to introduce legislation next month to overhaul California’s recount laws, with the goal of preventing a repeat of the increasingly acrimonious recount underway in the state controller’s race. Mullin, D-San Mateo, said his office is researching “a variety of options” to put forward after lawmakers return from their summer recessAug. 4. Proposals could include having the state pay for recounts, standardizing counties’ recount policies, or having a law that triggers a recount in very close races, Mullin said in a statement.

California: Primary recount could last beyond November election | The Sacramento Bee

Election officials in Kern and Imperial counties continued hand recounts Monday of thousands of ballots in the state controller’s race, with a new survey by the secretary of state’s office suggesting that the recount could last well beyond the Nov. 4 election if it covers all of the 15 counties sought by former Assembly Speaker John A. Pérez. In election results certified Friday, Pérez finished 481 votes behind second-place finisher Betty Yee, out of more than 4 million votes cast. Both Democrats seek to take on first-place finisher Ashley Swearengin, the Republican mayor of Fresno.

California: Plan to split California into six states could end up on 2016 ballot | The Guardian

One billionaire’s plan to divide California into six states might actually make an appearance on the ballot in 2016. Clad in a tie depicting his vision for a divided state, venture capitalist Tim Draper on Tuesday delivered 1.3m signatures to Sacramento, the state’s current capital. That exceeds the state’s 807,615 signature requirement for getting a constitutional amendment on the ballot, though officials will still have to determine the validity of those signatures. Draper, who recently purchased 29,656 bitcoins in a government auction, said that he wants the state divided into six separate entities, each with their own constitutions, governments and, presumably, flags. He believes that dividing the state into six parts would solve California’s problems and lead to greater accountability.

California: Los Angeles Court Accused of Violating Voting Rights | Courthouse News Service

Los Angeles Superior Court unlawfully strips voting rights from thousands of disabled Americans who are under adult guardianship, an advocacy group claims in a complaint to the Department of Justice. The Disability and Abuse Project of Spectrum Institute, “as next friend of limited conservatees under the jurisdiction of the Los Angeles Superior Court,” sent a formal complaint against Los Angeles Superior Court on Thursday to the Department of Justice’s Civil Rights Division. Project director Dr. Nora Baladerian said in a statement: “Being told that you are less than other Americans and that you cannot exercise your right to vote has a detrimental emotional and psychological effect on people with disabilities. We trust that Attorney General Eric Holder will take action to protect the rights of these deserving American citizens.” According to the 8-page complaint, thousands of people with developmental or intellectual disabilities lose their right to vote after parents petition probate court to allow them to make legal, financial and medical decisions for their adult children.

California: Secretary of state candidates call for changes in recount law  | Los Angeles Times

Both candidates vying to be California’s next secretary of state say the controversial recount in the controller’s race demonstrates the need to change election laws. Sen. Alex Padilla, the Democratic candidate from Pacoima, called the process “embarrassing.” Pete Peterson, a Republican who leads a public policy institute at Pepperdine University, said recount laws are “a mess.” The recount was called by Assemblyman John A. Pérez after he finished 481 votes behind Betty Yee, a Board of Equalization member, in the June 3 primary. The two Democrats are vying for the chance to face off with Ashley Swearengin, the Republican mayor of Fresno, in the November general election. In California, any candidate or registered voter can call for a recount, but he or she has to pay for it.

California: Palmdale continues lonely fight against California Voting Rights Act | Los Angeles Times

Across California, cities, school districts, even water boards are scrambling to comply with the state’s Voting Rights Act and settle costly lawsuits, or avoid them altogether. Palmdale is an exception. Leaders in the Antelope Valley city have lost court battles and racked up big legal bills fighting to keep their system of electing officials, which a trial court last year ruled violates minority voters’ rights. An appeals court recently agreed with the trial judge on some points, and now the city is asking the state Supreme Court to step in. “I think every city in California needs to wake up. … We should all unite instead of folding,” Palmdale Mayor James Ledford said. He repeated his view that the lawsuits are “nothing but a money grab” by the plaintiffs’ attorneys.

California: Controller recount highlights concern about California election law | Los Angeles Times

In much the way surgeons need skilled hands and fighter pilots must have great eyesight, there is at least one key requirement for election workers handling the recount in California’s controller race: long attention spans. Starting Friday, they will gather in government offices and sit four to a table, where ballots will be lined up for their review. One worker will read a voter’s decision, another will watch and two more will keep count. They will do this thousands and thousands of times. “It has to be people who can stay focused, because you can understand how boring it can get,” said Debra Porter, Imperial County registrar. And if the workers lose count, they’ll have to backtrack to make sure they get it right. This tedious process is at the heart of what could become the largest recount in California history. It will also showcase a rarely discussed area of state law that observers and participants say fails to provide an equitable safeguard in close elections.

California: Disabled often banned from voting in Los Angeles, complaint says | Associated Press

At a time when election officials are struggling to convince more Americans to vote, advocates for the disabled say thousands of people with autism spectrum disorder, cerebral palsy and other intellectual or developmental disabilities have been systematically denied that basic right in the nation’s largest county. A Voting Rights Act complaint to be filed Thursday with the U.S. Justice Department goes to a politically delicate subject that states have grappled with over the years: Where is the line to disqualify someone from the voting booth because of a cognitive or developmental impairment? The complaint by the Disability and Abuse Project argues that intellectual and developmental disabilities, including conditions such as Down syndrome, are not automatic barriers to participating in elections. It seeks a sweeping review of voting eligibility in Los Angeles County in such cases, arguing that thousands of people with those disabilities have lost the right to vote during the last decade. “We want these past injustices to be corrected, and we want the judges and court-appointed attorneys to protect, not violate, the rights of people with developmental disabilities,” Thomas F. Coleman, the group’s legal director, said in a statement.

California: Thousands with disabilities denied right to vote in California, group says | Associated Press

At a time when election officials are struggling to convince more Americans to vote, advocates for the disabled say thousands of people with autism spectrum disorder, cerebral palsy and other intellectual or developmental disabilities have been systematically denied that basic right in the nation’s largest county. A Voting Rights Act complaint to be filed Thursday with the U.S. Justice Department goes to a politically delicate subject that states have grappled with over the years: Where is the line to disqualify someone from the voting booth because of a cognitive or developmental impairment? The complaint by the Disability and Abuse Project argues that intellectual and developmental disabilities, including conditions such as Down syndrome, are not automatic barriers to participating in elections. It seeks a sweeping review of voting eligibility in Los Angeles County in such cases, arguing that thousands of people with those disabilities have lost the right to vote during the last decade. “We want these past injustices to be corrected, and we want the judges and court-appointed attorneys to protect, not violate, the rights of people with developmental disabilities,” Thomas F. Coleman, the group’s legal director, said in a statement.

California: Pérez’s challenge a test of California’s recount law | Los Angeles Times

th just 481 votes keeping him from the November runoff for state controller, former Assembly Speaker John A. Pérez filed a request this week to begin machine and hand recounts of ballots in 15 counties, making this the largest recount request in California’s modern history. Perez’s petition for a recount is understandable, even necessary, given the close margin in the race — the deciding votes were 0.01% of the ballots cast. Fresno Mayor Ashley Swearengin, a Republican, finished first in the June 3 primary. Board of Equalization member Betty Yee, a Democrat like Pérez, came in second to advance to the general election.

California: Recount in controller’s race raises questions, anxiety for registrars | Sacramento Bee

Election officials across California on Monday began preparing for a historically large hand recount in the state controller’s race amid uncertainty about how to coordinate an effort involving thousands of precincts in 15 counties. During a normally slow time on the election calendar, counties were calling back employees from vacation, getting in touch with potential members of recount boards and studying the finer points of the state’s recount laws. The activity began after former Assembly Speaker John A. Pérez filed papers Sunday seeking manual recounts in 15 counties where he ran well against Board of Equalization member and fellow Democrat Betty Yee. “There are more questions right now than answers,” said Michael Scarpello, registrar of voters in San Bernardino County, where the Pérez campaign seeks recounts in 495 of the county’s nearly 1,700 precincts.

California: John Pérez calls for recount in tight race for state controller | Los Angeles Times

Assemblyman John A. Pérez called Sunday for a recount in the razor-close primary election for state controller, a first step in what could become an expensive and lengthy effort to salvage his campaign for one of California’s top financial posts. Pérez, a Los Angeles Democrat, trails Betty Yee, a Democratic member of the Board of Equalization from the Bay Area, by just 481 votes — or one hundredth of one percent of the more than 4 million ballots cast. “It is therefore of the utmost importance that an additional, carefully conducted review of the ballots be undertaken to ensure that every vote is counted, as intended,” Pérez said in a statement. The two controller candidates have been battling for second place in the primary in order to advance to the general election. Ashley Swearengin, the Republican mayor of Fresno, has already secured her spot on the November ballot by finishing in first place in the primary. Under California law, any registered voter can ask for a recount, but the person making the request has to foot the bill.

California: Law sought to prevent recount fights | Fresno Bee

In 2010, California lawmakers approved legislation meant to reduce the incentive for expensive and contentious ballot recounts of the sort looming in the exceedingly close race for second place in the state controller’s primary. But the law went dormant at the end of last year and will have no bearing on the controller’s contest between Betty Yee and John A. Pérez. In a statement Tuesday, the Pérez campaign said it is conducting a review to “determine whether a recount is warranted. After nearly a month of counting votes and a vote margin of just 1/100th of one percent, out of more than 4 million votes cast, nobody would like to the see this process completed more than we would,” the statement said. “Since this is one of closest statewide elections in the history of California, we have an obligation to review and ensure that every vote cast is accurately counted. During our review, we will also determine whether a recount is warranted.”

California: Recount possibility looms in California controller’s race after canvass | The Sacramento Bee

They’ve been counting votes for three weeks in the race for California controller, and Democrat Betty Yee has gone from second place to third place, to fourth place and back to third. As of Tuesday afternoon, she was again clinging to second place, ahead of former Assembly Speaker John A. Pérez by a mere 865 votes. Whoever survives gets a spot in the Nov. 4 runoff against Republican Ashley Swearengin. “I get text messages from people who’ve been following this much more closely than I am,” said Yee, a member of the state Board of Equalization, downplaying any anxiety as officials finish processing more than a million vote-by-mail, provisional and damaged ballots by next Tuesday’s canvassing deadline.

California: Controller cliffhanger race hinges on tardy mail-in ballots | KPCC

Thousands of  mail-in ballots that could have made a difference in the tight primary election for state Controller have been invalidated because they showed up at registrars’ offices too late to count. Fresno’s mayor, Republican Ashley Swearengin, finished first and will be in November’s general election. The contest for the second spot has swung back and forth between two Democrats — former Assembly Speaker John Perez of Los Angeles and Board of Equalization member Betty Yee, from the Bay Area. With more than 3.9 million ballots counted, Perez led by fewer than 1,800 votes Tuesday afternoon. The total has been changing several times a day since the June 3 primary as California’s 58 county registrars send updates to the Secretary of State.

California: Least-populous county takes voting seriously | Los Angeles Times

Tess Castle, drinking a mid-afternoon pint at the Wolf Creek Restaurant & Bar on a recent afternoon, admitted something she had never told anyone before: She doesn’t vote. “Shame on you. I didn’t know that,” said bartender Danea McAvoy, 51, after selling lottery tickets to tourists passing through this bucolic town of 210 residents. “Shame on you.” The reaction may seem sharp, but it’s because Castle, 28, is in a distinct minority in this picturesque county seat of tiny Alpine County. Nearly everyone in this community along the crest of the Sierra Nevada — carved through graceful, tall pine groves and mountain peaks, halfway between Lake Tahoe and Yosemite — makes their mark on election day. On June 3, in one of the least compelling gubernatorial primary elections in memory, nearly 70% of voters cast ballots, the largest turnout per capita in the state. California as a whole is on track to hit a record of a more dubious nature — 18.3% of voters cast ballots through election day on June 3. Absentee and provisional ballots are still being counted, but voting experts expect the state to end up with a turnout of 22% to 23% — far less than any in recent history — when the tally is finalized in early July.

California: Thousands of mail-in ballots too late to count | Associated Press

Thousands of mail-in ballots are being invalidated in California elections because they arrive too late to be counted, government officials and political experts said Monday. In the state’s June 3 primary, Los Angeles County received about 2,400 mail-in ballots after the Election Day deadline — the close of polls — making them ineligible to be tallied. The number of latecomers invalidated in Santa Cruz County was nearly 600, all postmarked on or before the election. The postmark isn’t the deciding factor — the cutoff is the close of polls, when election officials must have the ballots in-hand. In a state with nearly 18 million registered voters, the figures for late-arriving ballots are relatively tiny, but even small numbers can make a difference in tight races.

California: Legislature Moves to Restrict Citizen-Requested Election ‘Recounts’ | BradBlog

Up until now, the state of California has been able to boast about one of the most liberal election “recount” statutes in the nation. It allows any voter or group of voters to request a post-election hand-count of any number of precincts in any race or ballot initiative in the state. The state election code allows crucial access to citizen oversight of public elections. That may all be about to change, however, if a Republican proposal, currently being supported by Democrats in the state legislature and causing alarm among some who have carried out recent “recounts”, becomes law. Under current law, voters seeking such a post-election count have to pay for the cost, though if the outcome of the election is changed in favor of the requester, they are entitled to receive a refund. … Still, the provision for post-election citizen oversight of election results in the state, until now, has been far better than most such laws elsewhere in the nation.

California: Leland Yee’s startling finish in California election race explained | Los Angeles Times

In a largely sleepy California election, there was one startling result: nearly 300,000 ballots cast for Leland Yee for secretary of state, good enough for third place even though he dropped out after being accused of gun running and political corruption. Yee’s tally, which is likely to grow as more than 750,000 uncounted ballots are processed, pushed him past a pair of good-government candidates also vying to be the state’s chief election officer–a bit of irony adding to a widely held notion, especially outside the state, that Californians are a bit nuts. Yet while vexing and a cause of no small amount of ridicule, state Sen. Yee’s surprising vote total can be explained by several factors beyond the supposed shallowness and stupidity of the California electorate.

California: Judge Orders Palmdale To Pay $3.5M For Voting Rights Act Violation | KHTS

The city of Palmdale was ordered to pay the plaintiffs $3,563,259 for the fees and costs related to a California Voting Rights Act lawsuit for which the city recently lost an appeal. The move comes amid a court-supervised settlement conference being held between representatives for the Santa Clarita Community College District and the plaintiffs in a similar lawsuit facing the college’s governing board. Palmdale could still seek a review of the appellate court decision to the state’s Supreme Court. An attorney for the city indicated Palmdale City Council members would direct him as to whether the city would seek a review of the appellate decision.

California: 1,000+ Sacramento vote-by-mail ballots arrive too late | KCRA

About 1,200 Sacramento County vote-by-mail ballots arrived too late to be counted in this week’s primary election, according to elections officials. Jill LaVine, the county’s registrar of voters, shook her head as she leafed through five trays of pink envelopes and examined the postmarks. “Once again, I see June 3 on these, so they were postmarked June 3,” said LaVine. Even though many of the ballots were mailed before the polls closed Tuesday, they were not received at the registrar’s office until afterwards. Under California law, that means the ballots will never be opened, counted and included in the official results. “So much work went into this and we can’t count them. So it’s sad. It’s really sad,” said LaVine.

California: No ballots, no voting machines and other glitches at Los Angeles County polling places | Daily News

With some 5,000 polling places operating throughout Los Angeles County on Tuesday and a shortage of volunteers, some voting locations reported problems such as missing ink and other materials and a lack of staffing. Loyola Marymount University’s Center for the Study of Los Angeles, which had students at polling sites throughout the area, was keeping track of the problems through its Twitter feed, noting issues such as an absence of workers at one site, and voting machines without ink. “Still no ballots at Fire Station 99. Polls have been open for FOUR HOURS,” one tweet noted, referring to a site on the Westside.

California: San Jose pot clubs to offer voters free weed on California primary day | Reuters

California voters can expect to receive free weed from some pot clubs in the Bay Area city of San Jose for casting ballots in state primary elections next Tuesday that include local races and battles for governor and secretary of state. The city’s cannabis collectives, which have also offered up a voter guide to the races, are offering free marijuana and discounts when members show a ballot stub or an “I Voted” sticker on June 3. “Primary elections tend to have much lower turnout because people don’t even know there’s a vote that day,” said Dave Hodges, a cannabis club owner and member of the Silicon Valley Cannabis Coalition. “We want to help people know when to vote and who to vote for.”

California: Assembly approves bill for all-mail special elections | Capitol Alert

Seeking to improve low voter participation in special elections, the California Assembly on Thursday narrowly passed and sent to the Senate legislation that distribute all ballots by mail for elections to fill vacancies. The constant shuffle of elected officials seeking new seats follows a familiar pattern — a state legislator resigns or wins election to a new office, and a tiny sliver of the electorate chooses a replacement. Turnout in a recent pair of special elections hovered around 12 percent and 8 percent, respectively. Citing the expense, the Senate leader floated letting the governor fill vacancies. An effective solution, according to proponents of Assembly Bill 1873, is to make mailboxes, not polling places, the nexus of special elections.