California: Judge dismisses voting rights lawsuit against Whittier | Whittier Daily News

A Los Angeles Superior judge has dismissed a California Voting Rights Act lawsuit filed against the city of Whittier by three Latino residents. Judge Michael Johnson ruled the city’s actions to change from an at-large voting system to one that is districted, something the suit sought, alleviates the issues in the original lawsuit. ”There can be no question that the City’s adoption of a new voting system has made Plaintiffs’ original complaint moot,” Johnson stated in his ruling. The judge also rejected the plaintiffs’ motion for an amended complaint, which was filed June 23 after the city voted in the districted elections on June 3.

California: Vote for one candidate – several times: It could become legal in Santa Clarita elections | KPCC

Santa Clarita voters may become the first in California to elect city and community college officials by cumulative voting. The little-used system would allow voters to cast multiple votes for the same candidate. For example, in a City Council election to fill three seats, a Santa Clarita voter could cast three votes for just one candidate, or distribute votes to two or three candidates. After hearing arguments on Monday, Superior Court Judge Terry Green approved cumulative voting in Santa Clarita city and the Santa Clarita Community College District. The ruling could help resolve lawsuits claiming violations of the California Voting Rights Act, according to attorney Kevin Shenkman.  With cumulative voting, individuals who are part of a minority bloc of the population could amass their votes behind a single candidate and win a seat, Shenkman said. He represents two plaintiffs who had sued to eliminate the traditional at-large voting system used in Santa Clarita elections.

California: Two counties ask to form a separate state | KCRA

Representatives of two counties in far Northern California petitioned state officials Thursday for the right to form a 51st state called Jefferson, formally asking state lawmakers to vote on their proposal. Modoc and Siskiyou counties, which share a border with Oregon and have a combined population of about 53,000, submitted petitions from their county governments to the secretaries of the state Assembly and Senate after filing a petition complaining about a lack of representation to the secretary of state. Organizer Mark Baird told a crowd of about 70 supporters at a rally outside the state Capitol that residents of as many as 10 counties "would be free to create a small state with limited government." "We don't need government from a state telling people in a county what to do with their resources and their children's education. You are better equipped to educate your children than the state or federal government," Baird said to applause.

California: Automatic recount bill stalls in Senate | The Sacramento Bee

Weeks after the tight finish in the June controller’s race highlighted major weaknesess in California’s recount law, legislation to create taxpayer-funded recounts in close contests has bogged down in partisan fighting and is dead for the year. Assemblyman Kevin Mullin, D-San Mateo, blamed the failure of Assembly Bill 2194 on Republican members of the state Senate who, he said, have blocked efforts to waive Senate rules that prohibit committee hearings after Aug. 18. “The recount initiated in the recent State Controller’s primary race exposed serious flaws in our existing recount system, whereby candidates can cherry-pick which counties they want to recount, assuming they have the funds to pay for it,” Mullin said in a statement Friday. “

California: Can paying people to vote increase voter turnout? L.A.’s looking into it and the answer is yes. | The Washington Post

Just 23.3 percent of Los Angeles voters cast ballots in last year’s mayoral election, the lowest figures in 100 years. Turnout was “embarrassingly down,” Herb Wesson, the city’s council president said, and he’s looking at how to change that. “Someone brought up what would it be like if we had some sort of incentive program,” Wesson said. “It’s just an idea.” The Los Angeles Ethics Commission voted Thursday for Wesson to look into various ways to increase turnout, including cash incentives like a lottery. The idea is just in the “incubation process,” Wesson said, with nothing approaching even an actual proposal, but there’s data to suggest paying people to vote increases turnout. A study conducted in 2010 in Lancaster, Calif., in northern Los Angeles County, by Fordham University professor Costas Panagopoulos found nominal incentives like a few bucks don’t do much to increase turnout, but a few more dollars is enough of an incentive to convince a larger percentage of people to vote.

California: How to Make Sure Your Vote-by-Mail Ballot is Counted | KQED

Almost 8 million Californians now cast their ballots by mail instead going to the polls. A new study of three California counties found that only 0.8 percent of mailed ballots, about 30,000, are not tallied. That might seem insignificant, unless it’s your ballot. There are three main reasons vote-by-mail ballots go uncounted:

• The ballot was mailed too late. Ballots need to be received by 8 p.m. on Election Day, not postmarked (61 percent of uncounted ballots).
• There was no signature (20 percent).
• The signature provided did not adequately compare with the one on file (18 percent).

The California Voter Foundation studied the vote-by-mail process for one year in Santa Cruz, Sacramento and Orange counties. The foundation estimates that about 66,000 vote-by-mail ballots went uncounted statewide in 2012.

California: State high court declines to hear Palmdale voting rights appeal | Los angeles Times

The California Supreme Court on Wednesday declined to take up the city of Palmdale's appeals in a voting rights lawsuit it lost last year. The high court's decision is the latest in a series of legal setbacks the city has faced since a Superior Court judge last year ruled Palmdale was in violation of the California Voting Rights Act and ordered it to hold a new election with council members chosen by geographic district. The trial judge said the current city council, elected at large, could not hold office after July 9. The city appealed parts of the ruling but the appellate court upheld the trial judge, prompting Palmdale officials to turn to the state's high court.

California: Report Finds Vote-by-mail Improvements Needed to Reduce Balloting Errors | Virtual-Strategy

A new report issued today by the California Voter Foundation (CVF) finds that the top three reasons why some ballots go uncounted in three counties studied are that they are received too late, lack the voter’s signature, or the signature on the ballot envelope does not sufficiently compare to the one on file. “Casting a vote-by-mail ballot has become a popular option for California voters,” said Kim Alexander, CVF president and founder and the primary author of the new report, Improving California’s Vote-by-Mail Process: A Three-County Study. “But with its rise in popularity has come an increase in the number of vote-by-mail ballots cast that go uncounted.”  Read the Report

California: Vote-by-mail election trial coming to San Mateo County | The Almanac

Voters in San Mateo County will soon be part of a trial that could help the state decide if it wants to adopt a system of primarily voting by mail, with a greatly reduced number of physical polling places. The trial, authorized by a law signed Aug. 15 by Gov. Jerry Brown, will study how mail-in voting affects election turnout and cost. A similar trial is underway in rural Yolo County. As is done in Colorado, which changed to primarily mail-in voting in 2013, the trial will have at least one polling place open in each city, where voters can drop off a ballot or vote in person.

California: Panel wants L.A. to look at using prizes to boost voter turnout | Los Angeles Times

Alarmed that fewer than one-fourth of voters are showing up for municipal elections, the Los Angeles Ethics Commission voted Thursday to recommend that the City Council look at using cash prizes to lure a greater number of people to the polls. On a 3-0 vote, the panel said it wanted City Council President Herb Wesson's Rules, Elections and Intergovernmental Relations Committee to seriously consider the use of financial incentives and a random drawing during its elections, possibly as soon as next year. Depending on the source of city funds, the idea could require a ballot measure. Commissioners said they were unsure how big the prizes should be or how many should be offered, saying a pilot program should first be used to test the concept. "Maybe it's $25,000 maybe it's $50,000," said Commission President Nathan Hochman. "That's where the pilot program comes in -- to figure out what ... number and amount of prizes would actually get people to the voting box."

California: Senate Bill Strengthening California Voting Rights Act Headed to Gov. Brown | California Newswire

A bill that would strengthen the California Voting Rights Act (CVRA) is on its way to the desk of Calif. Governor Jerry Brown for consideration. The bill won final legislative approval today in the State Senate. SB 1365 by Senator Alex Padilla (D-Pacoima) would expand the CVRA by explicitly prohibiting school boards, cities, and counties from gerrymandering district boundaries in a manner that would weaken the ability of a racial or language minority to influence the outcome of an election. “With today’s vote, we are one step closer to strengthening voting rights in Californian,” said Senator Alex Padilla. “As our state becomes increasingly diverse we must ensure that the rights of all voters are protected,” added Padilla.

California: Suit says at-large elections in Fullerton violate rights | The Orange County Register

A former Fullerton City Council candidate is suing the city, alleging its at-large system of electing council members violates the California Voting Rights Act of 2001. The law is designed to make it easier for ethnic minorities to elect their preferred candidates by encouraging district elections to replace at-large elections. The suit filed by Vivian Jaramillo, 60, alleges that Fullerton’s at-large voting “impairs the ability of certain races to elect candidates of their choice or influence the outcome of elections conducted in the city of Fullerton.” Jaramillo, a retired code-enforcement officer, was unsuccessful in bids for the City Council in 2010 and 2006. Jaramillo’s attorney was not available for comment Wednesday.

California: Bill to Strengthen California Voting Rights Act Approved by State Assembly | California Newswire

A bill to strengthen voter protections under the California Voting Rights Act (CVRA) was approved today by the State Assembly. SB 1365 by Senator Alex Padilla (D-Pacoima) expands the CVRA by explicitly prohibiting school boards, cities, and counties from gerrymandering district boundaries in a manner that would weaken the ability of a racial or language minority to influence the outcome of an election. Current state law only allows a challenge of at-large elections. The bill now goes to the State Senate for a final concurrence vote and then to the Governor’s desk. “With today’s vote, we are one step closer to strengthening voting rights for all Californians,” said Senator Alex Padilla. “As our state becomes increasingly diverse we must ensure that the rights of all voters are protected,” added Padilla.

California: Lawmakers Consider Automatic Recounts in California Elections | KQED

To hear Kevin Mullin tell it, this summer’s saga in the race for state controller was the first time even he — a sitting assemblymember — realized just how antiquated and unfair California election law is when it comes to recounting votes in razor-thin races. “That really opened my eyes to how undemocratic our process is and how potentially chaotic,” said Mullin (D-South San Francisco). On Thursday Mullin introduced legislation to create a process for an automatic statewide recount in California — something other states have, and something supporters say will make clear just how and when to tally votes a second time. “It strikes me as a fundamental fairness question,” Mullin said.

California: Proposal could create more voting districts anchored by minorities | Los Angeles Times

Minority groups seeking more influence in local government would have a potentially powerful new tool at their disposal under a proposed expansion of the California Voting Rights Act. The way Los Angeles County — among others jurisdictions — has drawn districts for elected officials could face a legal challenge in California if a bill, introduced by state Sen. Alex Padilla (D-Pacoima), becomes law. It took a federal lawsuit more than 20 years ago to create the first Latino-majority district on the L.A. County Board of Supervisors. More recently, advocacy groups have argued for a second district, noting that Latinos make up nearly half the population of the county. A majority of the current board has resisted drawing new district boundaries to accomplish that.

California: Legislation would require automatic recounts in very close statewide finishes | The Sacramento Bee

California taxpayers would pick up the tab for recounts in close statewide elections under soon-to-be-amended legislation that follows criticism of existing state rules during last month’s recount in the controller’s race. Assembly Bill 2194 by Assemblyman Kevin Mullin, D-San Mateo, would require the state to cover the cost of recounts in any statewide contest where the margin is one-tenth of 1 percent or less. Under current law, any voter can request a recount in particular areas as long as they pay for it. If the recount changes the outcome, another voter can request a recount in other places.

California: Voting rights activists seek governor’s help in Palmdale case | Los Angeles Times

Voting rights activists on Thursday petitioned the governor to intervene in their battle with the city of Palmdale over its method of electing officials. Nearly 200 Palmdale voters signed the petition asking the governor to exercise authority under state Elections Code Sections 10300-10312, according to Kevin I. Shenkman, an attorney for the plaintiffs who sued the city. They want Gov. Jerry Brown to appoint a three-member commission to oversee a new election for the Palmdale City Council.  Shenkman said the petition drive was spearheaded by the Antelope Valley chapters of the NAACP and LULAC and the African American Caucus of the California Democratic Party.

California: State doesn’t allow write-in candidates in its general election, so a write-in candidate is suing | The Washington Post

An independent candidate who received a single vote for a U.S. House seat in California is suing the state over it’s top-two primary system, which allows write-in candidates in the primary but not the general election. Theo Milonopoulos, a PhD student at Columbia University, filed to run as a write-in candidate in the crowded primary race to replace the retiring Rep. Henry Waxman (D), after missing the deadline to appear on the ballot. Under California’s election law, the top two candidates with the highest number of votes in a primary election move onto the general election, regardless of party, and any write-in votes in the general election are not counted.

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.