California: Anaheim hopes to settle suit over alleged Latino political exclusion | Los Angeles Times

Anaheim is in talks to settle a lawsuit filed by the ACLU accusing the city of effectively excluding Latinos from holding political office and violating the California Voting Rights Act. The case is set to go to trial in March but key hearings and depositions have been delayed because the parties appear to be moving toward a deal, according to court records and a plaintiff. "For me, certainly, any settlement talks are about the city agreeing toward the direction of establishing districts, authentic districts, where the representatives are voted for by the residents of those districts," said Jose Moreno, a plaintiff in the suit. The ACLU filed the case on behalf of Moreno and two other Latino residents of Anaheim last year in an effort to end the city's at-large elections. Anaheim is the largest city in California that still elects its leaders at large rather than by districts.

California: Anaheim, ACLU in talks to settle council district election lawsuit | Los Angeles Times

The city of Anaheim is in talks to settle a lawsuit filed by the ACLU accusing the city’s election system of violating the state’s Voting Rights Act. The case is set to go to trial in March but key hearings and depositions have been delayed because the parties appear to be moving toward a deal, according to court records and a plaintiff. “For me, certainly, any settlement talks are about the city agreeing toward the direction of establishing districts, authentic districts, where the representatives are voted for by the residents of those districts,” said plaintiff Jose Moreno. The ACLU filed the case on behalf of Moreno and two other Latino residents of Anaheim last year in an effort to end the city’s at-large elections. Anaheim is the largest city in California that still elects its leaders at large rather than by districts.

California: Palmdale ordered to hold by-district election for City Council posts | Los Angeles Times

A Los Angeles County Superior Court judge, who earlier this year found the city of Palmdale to be in violation of the California Voting Rights Act, has ordered the city to hold a new by-district election for its four City Council posts. In a ruling dated last week and received by the involved parties over the weekend, Judge Mark V. Mooney ordered that the special election, to replace the balloting for council seats held last month, is to be conducted June 3, the same day as the California primary. Future elections are to be held in November of even-numbered years, to dovetail with state and federal balloting, in the expectation that such coordination will increase voter turnout. The judge allowed Palmdale to continue to elect its mayor by voters throughout the city. That means Mayor James Ledford's recent reelection will not be affected by the ruling.

California: Palmdale Voting Rights Act Ruling Could Change Political Landscape | KHTS Radio

Palmdale politics could be changed forever if a judge’s ruling in a California Voting Rights Act lawsuit stands. Don't miss a thing. Get breaking Santa Clarita news alerts delivered right to your inbox. A tentative ruling by Judge Mark V. Mooney called for Palmdale to scrap at-large elections in favor of four districts and a citywide mayoral position, which is currently held by Mayor Jim Ledford. Furthermore, Mooney’s judgment states no member of Palmdale‘s City Council, save Ledford, can hold office after July 9, 2014, calling for a special election in June. “As always, we’re pleased with Judge Mooney’s ruling and reasoning,” said attorney Kevin Shenkman, who represented the plaintiff. “It’s a very well thought-out decision. We’re happy because we think the remedy that Mooney has set out will provide an opportunity for Latinos and African Americans in Palmdale to elect their candidates of choice.”

California: Lack of Justice Department action in Los Angeles County voting rights dispute rankles Latinos | Associated Press

The Obama administration is aggressively pursuing lawsuits over minority voting rights in Texas and North Carolina, but the Justice Department has not moved on evidence that the latest round of redistricting in Los Angeles County unfairly reduces the influence of Latino voters. Nearly half the 10 million people in the nation's largest county are Latino. But political boundaries redrawn in 2011 make it possible for Latino voters to elect just one of the five supervisors. The administration has resisted calls to sue the county, despite the county's history of discrimination against Latino voters in earlier redistricting efforts. The inaction rankles some Latino activists who count themselves as strong backers of President Barack Obama.

California: Ballot measure money not political under IRS loophole | news10

It's considered the equalizer for the most-talked about organizations in politics: an IRS requirement that 501(c)(4) 'social welfare' groups spent less than half their cash on politics. But experts say the IRS left a big loophole that could play out big time in California: ballot measure spending isn't considered political. "You could have a nonprofit doing virtually no traditional charitable work at all and really just being a funnel for campaign funds," says Gary Winuk, the chief enforcement officer of the state's Fair Political Practices Commission. The existence of the loophole is understandable; few states have an initiative system that allows voters to write their own laws.  And even fewer have a system that's used as often, and costs as much, as the one in California. Even so, it's a loophole not widely publicized and likely to gain more attention as 501(c)(4) groups turn more of their attention -- and money -- to the Golden State.

California: Probe of campaign donations sheds light on ‘dark money’ | Los Angeles Times

Tony Russo had a multimillion-dollar problem. The Republican consultant and his team had raised piles of cash to use in California politics as last November's election approached. But a wrinkle in state law meant he couldn't spend it in the final two months of the campaign without jeopardizing the anonymity he had promised his rich donors. So Russo turned to what he called "the Koch network." He asked a political consultant who has worked with billionaire Republican contributors Charles and David Koch to shuttle the money through an Arizona nonprofit. That group, which is not required to reveal its donors, could send cash to California causes without names attached. But things went from bad to worse. Although Russo handed over $25 million, only about $15 million ended up back in California. And when the money surfaced, it sparked an investigation by state authorities, who last month[ levied $16 million in penalties against the Arizona group and three others.

California: Group Linked to Kochs Admits to Campaign Finance Violations | New York Times

A secretive nonprofit group with ties to the billionaire conservative businessmen Charles and David Koch admitted to improperly failing to disclose more than $15 million in contributions it funneled into state referendum battles in California, state officials there announced Thursday. The group, the Arizona-based Center to Protect Patient Rights, is one of the largest political nonprofits in the country, serving as a conduit for tens of millions of dollars in political spending, much of it raised by the Kochs and their political operation and spent by other nonprofits active in the 2010 and 2012 elections. The settlement, announced by Attorney General Kamala D. Harris of California and the Fair Political Practices Commission, which enforce California’s campaign finance laws, includes one of the largest penalties ever assessed on a political group for failing to disclose donations. The center and another Arizona group involved in the transactions, Americans for Responsible Leadership, will pay a $1 million fine, while two California groups must turn over $15 million in contributions they received.

California: Alameda County Can’t Dismiss Suit From Blind Voters | News Service

Blind voters in California can advance claims that the voting machines meant for them in Alameda County malfunctioned and violated their rights, a federal judge ruled. The California Council of the Blind and five individual voters sued Alameda County because the accessible voting machines for the blind failed to work properly, forcing them to vote with the help of another person. The county has Sequoia AVC Edge voting machines at each of its polling places. Using voice prompts, headphones and a tactile keypad, a blind person can vote independently. But the machines allegedly malfunctioned several times on Election Day, and the plaintiffs say they endured long delays as poll workers failed to get the machines working. More than one plaintiff said they were shuttled to another voting site, only to discover that the machine there did not work either.

California: County leaders settle dispute over charges for recounting ballots of Riverbank election | Modesto Bee

Stanislaus County leaders have dismissed the balance owed for the recount of the Riverbank mayoral election of 2012. County officials entered an agreement last month with former mayor Virginia Madueño to dismiss a remaining balance of $3,250, with neither side admitting fault. After Madueño lost by 53 votes to Richard O’Brien last year, one of her supporters asked for the Dec. 10 recount, which was stopped after five hours because the results were not changing. Madueño was stunned when county elections sent her campaign an invoice six weeks later showing a $7,817 balance owed in addition to the $2,400 deposit paid the day of the recount. The Registrar of Voters’ total charges for counting about 500 ballots was $10,217, or $20 per ballot. The person who requests a recount is expected to pay for it, but the invoiced costs tend to vary from county to county in California. And critics have suggested that county registrars arbitrarily impose recount charges.

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.