California: Appeals court paves way for Palmdale elections | Los Angeles Daily News

An appeals court has cleared the way for Palmdale’s planned Nov. 5 City Council elections to take place, reversing a lower-court injunction that would have prevented the city’s contested at-large method of voting. In July, Los Angeles Superior Court Judge Mark Mooney ruled that the Antelope Valley city’s system of electing council members violates the California Voting Rights Act and is discriminatory because representatives are chosen by the city as a whole, rather than by geographic districts. At the time of the decision, he issued an order halting voting until the receipt of further directions. But two judges in the 2nd District Court of Appeal said Tuesday voting can take place, and while the results can be counted, they cannot be certified without further consideration, citing language in Mooney’s ruling. “The certification issue remains to be decided on direct appeal,” the ruling said. “This court is prepared to decide the certification issue on a priority basis.”

California: Political Parties And A Campaign Finance No-Man’s Land | KPBS

San Diego’s political parties are getting into the thick of the fundraising battle in the mayor’s race, spending tens of thousands of dollars on their favored candidates. But most of that money hasn’t come in the form of cash or in-kind contributions to councilmen David Alvarez and Kevin Faulconer. And none of it has come in the form of independent expenditures disbursed to support the candidates. Instead, the Republican Party of San Diego County is spending tens of thousands of dollars in a push to educate its party members and persuade them to vote. According to reports on file with the California Secretary of State, the county Republican committee has spent more than $61,000 on “member communications expenditures” on Faulconer’s behalf. Those communications can include pamphlets and direct mailers to party members.

California: Brown nixes Democrats-friendly initiative reform measure | Washington Post

California Gov. Jerry Brown (D) has vetoed a measure that would have severely limited the ability of wealthy activists and corporations to use paid signature gatherers to get initiatives on the ballot. The measure, Assembly Bill 857, would have required 10 percent of signatures for any given ballot initiative to be collected by volunteers, rather than by paid signature gatherers. The number of signatures supporters need to turn in is based on the number of votes in the last gubernatorial election; that means groups would have to rely on volunteers to gather a little more than 50,000 of the 504,760 valid signatures required to get an initiative on the ballot. “The initiative process is far from perfect and monied interests have historically manipulated it at will,” Brown wrote [pdf] in a veto message. “Requiring a specific threshold of signatures to be gathered by volunteers will not stop abuses by narrow special interests — particularly if ‘volunteer’ is defined with broad exemptions as in this bill.”

California: Study finds downsides for off-year local elections | Los Angeles Times

Off-year municipal elections like those held this year in Los Angeles reduce overall voter turnout and appear to draw disproportionately small numbers of voters from minority groups, according to a study by the Greenlining Institute to be released Monday. “Our analysis strongly suggests that holding local elections in odd years … almost certainly skews the makeup of the electorate,” said Michelle Romero, director of the group’s Claiming our Democracy program. In addition, holding local elections separately from state and federal elections raises per-voter costs, the study found.

California: Ten years after Gray Davis recall, California still feels effects | Los Angeles Times

Ten years ago, California erupted in an anti-government, anti-establishment convulsion unlike any ever seen. Disgruntled voters seized the chance for a rare do-over, recalling their staid and serious governor, Gray Davis, and replacing him less than a year after his reelection with one of the most famous and exuberant personalities on the planet. It was only the second time in U.S. history a sitting governor was booted from office. The spectacle — a snap election featuring a color wheel of 135 candidates, including a former child actor, a porn star and a handful of professional politicians — shook California from its usual political slumber and captivated an audience that watched from around the world. A decade on, the effects are still being felt, albeit subtly, and not the way proponents imagined, or the way actor-turned-governor Arnold Schwarzenegger, the chief beneficiary, so grandly promised.

California: Halting of Palmdale election may have implications for other cities | Los Angeles Times

A judge’s halting of Palmdale’s November election could have implications for other cities facing lawsuits under the California Voting Rights Act. Los Angeles County Superior Court Judge Mark V. Mooney on Monday canceled the election after earlier finding that Palmdale’s at-large method of choosing council members deprived minority voters of the opportunity to elect a representative of their choice. Officials plan to appeal, with City Atty. Matthew Ditzhazy calling the ruling “wildly unprecedented and radical.” Some voters already have been sent mail-in ballots, he said. Activists seeking minority representation on city councils, school boards and other governmental bodies have been pushing for by-district elections throughout California. Ethnically diverse jurisdictions that hold at-large elections and have few, if any, minority officeholders are especially vulnerable under state law, experts said.

California: Palmdale elections halted as a result of California Voting Rights Act lawsuit | SCV Signal

A Los Angeles Superior Court judge ruled this week that Palmdale cannot hold its scheduled citywide elections in November. The decision was made on a ruling he handed down earlier this year that those same elections are a violation of the California Voting Rights Act. Judge Mark Mooney granted a preliminary injunction against the planned City Council elections on Nov. 5. The injunction was sought by the plaintiffs in the case after Mooney ruled Palmdale’s at-large voting system — wherein voters can cast ballots for all seats up for election, not just one within a single district — prevented minority voters from electing candidates of their choice. Doing so is a violation of the California Voting Rights Act, Mooney ruled.

California: State Gives Expanded Rights to Noncitizens | New York Times

California is challenging the historic status of American citizenship with measures to permit noncitizens to sit on juries and monitor polls for elections in which they cannot vote and to open the practice of law even to those here illegally. It is the leading edge of a national trend that includes granting drivers’ licenses and in-state tuition to illegal immigrants in some states and that suggests legal residency could evolve into an appealing option should immigration legislation fail to produce a path to citizenship. A new state law allows people like Sergio Garcia, brought to the United States illegally as a child, to become licensed lawyers. With 3.5 million noncitizens who are legal permanent residents in California, some view the changes as an acknowledgment of who is living here and the need to require some public service of them. But the new laws raise profound questions about which rights and responsibilities rightly belong to citizens over residents.

California: New rules aim for transparency in online campaign material | Los Angeles Times

Under new rules approved Thursday, the state hopes to help Californians determine whether political material they read online is a writer’s own opinion or propaganda paid for by a campaign. Campaigns will now have to report when they pay people to post praise or criticism of candidates and ballot measures on blogs, Twitter, Facebook, YouTube and other websites. “The public is entitled to know who is paying for campaigns and campaign opinions,” so voters can better evaluate what they see on blogs and elsewhere online, said Ann Ravel, who chairs the California Fair Political Practices Commission. Open-government groups endorsed the new rules, which govern “favorable or unfavorable” content — although much of the time that information may come weeks or even months after publication. Bloggers and some others say the rules infringe on free speech. The regulations require disclosure by campaigns that pay someone $500 or more to post positive or negative content on Internet sites not run by the campaigns. In periodic spending reports required by the state, the campaigns would have to identify who was paid, how much and to which website or URL the posting was made.

California: State Gives Expanded Rights to Noncitizens | New York Times

California is challenging the historic status of American citizenship with measures to permit noncitizens to sit on juries and monitor polls for elections in which they cannot vote and to open the practice of law even to those here illegally. It is the leading edge of a national trend that includes granting drivers’ licenses and in-state tuition to illegal immigrants in some states and that suggests legal residency could evolve into an appealing option should immigration legislation fail to produce a path to citizenship. With 3.5 million noncitizens who are legal permanent residents in California, some view the changes as an acknowledgment of who is living here and the need to require some public service of them. But the new laws raise profound questions about which rights and responsibilities rightly belong to citizens over residents. “What is more basic to our society than being able to judge your fellow citizens?” asked Jessica A. Levinson, a professor at Loyola Law School, referring to jury service. “We’re absolutely going to the bedrock of things here and stretching what we used to think of as limits.”

California: Campaign finance bills fare poorly in California Legislature | Los Angeles Times

After an anonymous $11-million donation from Arizona sent shock waves through California politics last year, the state Capitol seemed primed for new measures to tighten campaign finance rules. But several proposals fell by the wayside as lawmakers finished their work last week. Bills that would have increased the power of California’s campaign finance watchdog, boosted fines for violations and forced greater disclosure of donors — among other measures — stalled in the Legislature. Just one bill was sent to Gov. Jerry Brown’s desk, SB 3, by Sen. Leland Yee (D-San Francisco). It would require new training for campaign treasurers and mandate that officials study the possibility of replacing the state’s outdated website for tracking campaign finance information. Lawmakers said they would revisit the topic when the Legislature reconvenes in January.

California: Voting Rights Act leading California cities to dump at-large elections | Los Angeles Times

First came Modesto. Then Compton, Anaheim, Escondido, Whittier, Palmdale and others were pushed into the growing ranks of California cities under pressure to change how they elect their city councils. Activists seeking minority representation on those councils are clamoring to have members elected by geographic district. Ethnically diverse cities that hold at-large elections and have few minority officeholders have proved vulnerable to lawsuits under the 11-year-old California Voting Rights Act. All a plaintiff has to do, experts say, is demonstrate that racially polarized voting exists — and often that can be done with election results that reveal contrasting outcomes between predominantly minority precincts and white ones. Across California, community college and school districts are making the switch.

California: San Diego Mayoral Special Election Date Determined | NBC

The San Diego City Council unanimously voted to hold the special mayoral election on Tuesday, Nov. 19. Mayor Bob Filner recently resigned amid sexual harassment allegations and his last day will be Friday. City Council President Todd Gloria will fulfill duties of the mayor and Council President Pro Tem Sherri Lightner will lead council meetings in place of Gloria until a new mayor is elected. At least seven people have filed paperwork for candidacy, including former mayoral candidate Nathan Fletcher. Other San Diego leaders, including Gloria and Councilmember Kevin Faulconer, have also considered running. The estimated cost is roughly $6 million for a polls election, which was voted for in favor of a mail election.

California: Mayoral election to cost $6 Million | UTSanDiego.com

The special election to replace outgoing Mayor Bob Filner will cost roughly $6 million and could force city leaders to tap reserves or make budget cuts in order to pay for it. The City Council voted unanimously Wednesday to set the special election for Nov. 19 as the city charter gave the panel zero wiggle room to choose a less-costly option. The voter-approved charter requires a special election if a mayor resigns with more than one year left on his term. Filner, who took office in December, has more than three years remaining on his term. If Filner had less than a year remaining, the council would have appointed a successor. Filner is scheduled to resign at 5 p.m. Friday in response to lurid allegations of inappropriate sexual behavior and unwanted advances toward nearly 20 women. The council accepted his signed resignation letter last week which allowed them to call a special election before he officially exits office.

California: What happens next after the mayor leaves office? | KFMB

Two candidates in a recall election to replace Mayor Bob Filner, who will officially leave office next Friday, have already filed their intentions to run, according to the City Clerk’s Office. Former Assemblyman Nathan Fletcher and Tobiah Pettus both ran last year in a campaign that Filner ultimately won. Fletcher, now an executive at Qualcomm, gained nearly 24 percent of the vote in the June 2012 primary election, but that was not enough to make the runoff. He made a splash during the campaign when, after he failed to secure an endorsement by the Republican Party of San Diego County, he turned Independent. Later, he re-registered as a Democrat. Pettus gained 0.71 percent of the primary votes.

California: Auditor: California has inefficiently spent millions earmarked for voting systems | The Sacramento Bee

Confusing and inconsistent direction from the California Secretary of State’s Office has led the state to inefficiently spend millions of federal dollars earmarked to improve voting systems, according to a state audit released Thursday. Widespread allegations of uneven vote-counting practices accompanied the 2000 presidential election, which the U.S. Supreme Court effectively decided. The Help America Vote Act, enacted two years later, allocated money for states to train poll workers and update their voting systems – in some cases, counties continued to rely on punch-card systems. California received more than $380 million, according to the auditor’s report. But the state’s methods for distributing that money were plagued by murky standards and a lack of clarity about whether counties could use new voting systems, State Auditor Elaine Howle’s office found. At least $22 million went to new voting machinery, like touch screens, that counties ended up mothballing.

California: Election Hack: Stealing Votes the Cyber Way | FBI

A 22-year-old candidate for student council president at California State University San Marcos hoped to guarantee victory by rigging the election through cyber fraud, but he ended up winning a year in prison instead. Matthew Weaver used small electronic devices called keyloggers to steal the passwords and identities of nearly 750 fellow students. Then he cast votes for himself—and some of his friends on the ballot—using the stolen names. He was caught during the final hour of the election in March 2012 when network administrators noticed unusual voting activity associated with a single computer on campus. A Cal State police officer sent to investigate found Weaver working at that machine. He had cast more than 600 votes for himself using the stolen identities. “Some people wanted to paint this as a college prank gone bad, but he took the identities of almost 750 people, and that’s a serious thing,” said Special Agent Charles Chabalko, who worked the investigation out of our San Diego Division after being contacted by Cal State authorities. “He had access to these students’ e-mails, financial information, and their social networks. He had access to everything.”

California: Humboldt County embraces new system for election transparency | California Forward

Want to see every ballot cast in the last election with your own two eyes? The Humboldt County Registrar makes that possible in her home near the Oregon border. Humboldt Registrar of Voters Carolyn Crnich responded to controversy and an outcry from residents by creating a system for anyone to request a scanned version of the vote through the Humboldt County Elections Transparency Project. In 2008, to the dismay of Humboldt County voters, 197 votes (or 0.3 percent of the total vote) disappeared due to a software malfunction. Apparently, it wasn’t the first time for this software to simply delete ballots and Crnich was rightly approached by constituents who had grave concerns regarding the voting system soon after the election results. The software is made by Diebold, a name which may conjure up memories of hanging chads in Florida in 2000 and other issues in 2004. Crnich and that same group of constituents did an audit after connecting the dots on Diebold’s spotty history and found the missing ballots. Locals thought the software was too closed off from the public and wanted a better auditing process. After pinpointing the problem, the Secretary of State’s office swiftly initiated an investigation and decertified the faulty software.

California: Student gets prison for rigged election | UTSanDiego.com

A former Cal State San Marcos student who rigged a campus election by stealing nearly 750 student passwords to cast votes for himself and friends was sentenced Monday in federal court to a year in prison. It was Matthew Weaver’s decision to try to cover up the largest student identity theft in the university’s 24-year history that seemed to irritate the judge the most. “That’s the phenomenal misjudgment I can’t get around,” said Judge Larry Burns, who rejected Weaver’s request for probation. Burns said the election rigging was a serious offense but “kind of juvenile.” Developing a scheme to deflect blame after he had been caught made it worse. “He’s on fire for this crime, and then he pours gasoline on it to try to cover it up,” the judge said.

California: Senate Passes Bill On Non-Citizen Poll Workers | Associated Press

The state Senate on Monday approved legislation that would allow immigrants who are not U.S. citizens to assist voters casting a ballot. The measure from Assemblyman Rob Bonta, D-Alameda, would allow for up to five non-citizens to serve at a particular polling site. Those poll workers must be permanent U.S. residents who legally entered the country. Those residents could provide much-needed help to voters with limited English skills, said Sen. Norma Torres, D-Pomona, who presented Bonta’s bill. There are 2.6 million eligible California voters who are not fully proficient in English, she said. “These individuals have the absolute right to make fully informed voting decisions on Election Day,” Torres said.

California: Panel Rejects Challenges to ‘Top Two’ Election Laws | Metropolitan News-Enterprise

The Ninth U.S. Circuit Court of Appeals Wednesday rejected challenges to Proposition 14, which established the “Top Two” election system used after the 2010 elections, and the measure’s implementing legislation. Senior U.S. District Judge James G. Carr of the Northern District of Ohio, sitting by designation, said there is no constitutional impediment to requiring candidates to list themselves as preferring a qualified political party, or as having “No Party Preference,” or to be listed without any statement about party preference at all. The Elections Code has since been amended to eliminate the blank-space option, so that all candidates are listed either by party or as “No Party Preference.” Proposition 14 replaced the state’s closed partisan primary election with an open primary in which the top two vote-getters, regardless of party, qualify for the general election.

California: Californians may get Saturday voting | Central Valley Business Times

For those who still don’t vote by mail in California, going to the polls might become a bit more convenient soon. The state Senate Elections Committee has approved a bill that would increase access to elections by requiring county elections officials to open an early voting location on a Saturday prior to Election Day. “The fact that elections are held on a workday leaves many Californians in a situation where they have to choose between voting and fulfilling personal and professional obligations,” says Sen. Leland Yee, D-San Francisco, author of the bill.

California: Sale of Voter Registration Data Raises Questions, Objections | NBC7

If you’re a registered voter, are you aware that what you write on your registration form is publicly available? “Commercial” interests are barred from that data. But all sorts of other people have legal access to it. A lot of people think only government agencies can access voter registration information – the courts, for instance, to summon you for jury duty. But it can be purchased for purposes such as scholarly and journalistic research, and for use in “elections” and “politics”. Buyers are only a phone call away from you. “So I received a phone call and was invited to be paid to share my political opinions,” says Jennifer Armour, a voter registered in the city of San Diego. “And I was told the reason I was being called was because of information that was tied to my voter registration.”

California: Grand jury wants Napa County elections process overhauled | Napa Valley Register

The Napa County grand jury issued a new report this week calling for the county’s registrar of voters to be appointed — not elected — and for a new independent board that would have oversight of the elections process. The grand jury also wants interim ballot counts to be released between Election Night and the final certified results, as the three-week wait to know the results of the 2012 elections led some residents and candidates to express frustration with Registrar of Voters John Tuteur. The grand jury monitored the Elections Division’s performance last fall. Its report criticizes aspects of how the division handled citizen complaints, how precincts with polling places were switched to vote-by-mail without public input, and how some residents were delayed in receiving ballot pamphlet. It found no problems with the accuracy of the polling machines, the handling and counting of ballots, or security measures for maintaining and storing ballots, according to the report.

California: Lawmakers stick locals with costs of voting | Kim Alexander/The Sacramento Bee

The new state budget is here, and once again it leaves the state’s election system holding an increasingly empty bag. For years counties have relied on the state to help fund state laws that change the voting process and in turn, make extra work and cost extra money for counties. The last time election mandates were funded was 2009, when they accounted for about $30 million paid to all 58 counties. The largest in terms of dollars and impact is the permanent absentee voter program, which allows Californians to sign up to vote by mail in every election rather than reapplying each time. Since then, the money has been withheld by the state and counties have had to make do with less. At the same time, counties no longer get reimbursed for the cost of special legislative elections, despite their growing frequency. In Sacramento County, the amount of election funding withheld by the state amounts to approximately $1 million annually. The last time it was paid, in 2008-09, it amounted to 9 percent of the county’s total elections budget.

California: Bill to Modernize California’s Election System Approved by State Senate | California Newswire

The California State Senate today approved SB 361 by Senator Alex Padilla (D-Pacoima) on a bipartisan vote of 29 to 9. The bill would modernize California’s voter registration system and increase online access to elections information. The bill now goes to the Assembly for consideration. “While many states provide online tools that allow citizens to register to vote, verify their registration, determine their polling place location and even determine the status of their ballot, California has fallen behind,” said Padilla. A report released earlier this year by the Pew Center on the States, ranked California 48th out of 50 states in election administration. The report utilizes 17 indicators that include the adoption of voting technology, the accuracy of voter rolls, reported problems with registration and absentee ballots, the voter registration rate and election turnout.

California: Assembly passes several election-related bills | Associated Press

Immigrants who are not U.S. citizens could serve as poll workers in California under one of several election-related bills that passed the state Assembly on Thursday. As many as five noncitizens could volunteer in a precinct under AB817 from Assemblyman Rob Bonta, D-Alameda. Those poll workers must be legal permanent U.S. residents. Bonta said allowing immigrants to serve as poll workers would increase the number of bilingual volunteers who could assist voters.

California: With election fatigue setting in, L.A. tees up another vote | Los Angeles Times

The races for mayor and other top city offices so underwhelmed Angelenos, fewer than one-fifth of registered voters bothered to cast ballots. So, why don’t we have another election in a couple of months? Say, July 23? I’m not kidding. Because no candidate for the 6th Council District seat earned more than 50% of the votes Tuesday, residents in the district will have to trudge back to the polls for the fourth time in nine months to choose a replacement for former Councilman Tony Cardenas. The office became vacant when Cardenas won a seat in Congress last November. The runoff will pit Cindy Montañez, who collected 43.5% of the votes, against Nury Martinez, who received 23.9%.

California: Counties seek election cost relief | Press-Enterprise

It’s been an expensive few months for counties holding special elections to fill legislative and congressional seats. And it’s not over yet. San Bernardino and Los Angeles counties have had two special ballots already to replace former state Sen. Gloria Negrete McLeod, D-Chino, after her election to Congress in November. Now both counties will have to hold at least one, and probably two, special elections to replace Assemblywoman Norma Torres, who will be sworn in today as Negrete McLeod’s successor, in the 52nd Assembly District. Riverside, San Diego and Imperial counties had to put on a special election to replace former state Sen. Juan Vargas in the 40th Senate District. Fortunately for the counties’ coffers, then-Assemblyman Ben Hueso, D-San Diego, won the March 12 ballot outright, avoiding the need for a runoff. There are more special elections in the offing in San Diego, Los Angeles and the Central Valley. With each ballot costing around $1 million, counties are rallying around legislation sponsored by San Bernardino County that calls for state reimbursement of special election costs in 2012 and 2013.

California: Elections officials debunk claims of voter fraud | Bakersfield Californian

An Election Day-eve accusation by a Republican organization of massive, sweeping voter fraud in the 16th Senate District race fizzled Monday after Kern County elections officials reviewed vote-by-mail ballots cast in the race. None of the 26 vote-by-mail ballots alleged to have been hijacked were used to cast a vote. In fact, the U.S. Postal Service had simply returned them, untouched, to the Kern County elections office as undeliverable. Luis Alvarado, chairman of the Republican National Hispanic Assembly of Los Angeles, had bombarded the media over the weekend with claims that his group had uncovered about 30 verified examples of voter fraud in Bakersfield. That, he said, meant that “hundreds, if not thousands, of votes were cast illegally” in the 16th District. The group’s attorney, Ashlee N. Titus, wrote in a statement to the Kern County elections office that the group was “working on a ‘get-out-the-vote’ campaign” to fill the state Senate seat when it discovered what it believed was voter fraud. Titus works for the Bell, McAndrews & Hiltachk firm, which also represents the California Republican Party.