A coalition of civil rights and voting advocacy groups lashed out Friday at Alameda County election officials after poll workers wrongly told more than 150 voters that their paper ballot was only a receipt and that it could be taken home, leading to the votes not being counted. The mistake, the groups allege, affected voters who visited one or more locations in Oakland to cast ballots in person between Oct. 31 and election day. “We spoke to some of the poll workers there who were really alarmed,” said Angelica Salceda, an attorney with the American Civil Liberties Union of Northern California. The voting rights advocates said that some voters who showed up at a polling place on the campus of Mills College during the four-day period were told the ballot marking device they had used was keeping a digital record of their selections on federal, state and local races. In reality, the device only makes marks on a paper ballot, which the voter then must submit to an election official. Instead, poll workers “incorrectly told voters … that the printouts from the machines were ‘receipts’ that the voters should take with them, rather than official ballots that they should deposit in the ballot box,” representatives of 15 civil rights and voting rights groups wrote in a letter Thursday to Tim Dupuis, the Alameda County registrar of voters. “In general, voters who cast their ballots at Mills College were disproportionately Black, and many of the voters who had been actively encouraged by poll workers to use the [ballot marking devices] were disabled or elderly.”
California recall reality: Newsom could be replaced by candidate with far fewer votes | Maura Dolan/Los Angeles Times
For weeks, legal scholars have debated whether the recall election of Gov. Gavin Newsom could be found unconstitutional if Newsom failed to realize a “no recall” majority of the ballots cast and was ousted by a candidate who received fewer votes than he did. Although it’s impossible to predict how courts will rule, many experts say the current recall process has long survived legal challenges, and probably would again, even if a fringe candidate won on Sept. 14 and became governor with a minority of overall votes. That view is based on court decisions on election law, especially rulings stemming from the recall election of Gov. Gray Davis, when voters removed Davis in 2003 and replaced him with Arnold Schwarzenegger, a popular actor who went on to win reelection. In that case, more people voted for Schwarzenegger than Davis so the candidate with the most votes won. Even so, California’s recall scheme permits a candidate with fewer votes to prevail over an incumbent, as was demonstrated by the state’s last successful recall of an elected legislator. In 2018, voters recalled Sen. Josh Newman (D-Fullerton). On the recall question, 41.9% voted to retain Newman. On the second ballot question, in which voters are asked to select a successor, a Republican won with only 33.8% of the vote. An incumbent who faces a recall is not permitted to be named as a successor candidate on the second part of the ballot. “Maybe I should have been reinstated,” joked Newman, after reading a recent essay by legal scholars who helped spark the current debate by arguing that California’s recall law violated the federal Constitution.
Full Article: Newsom could be replaced by recall pol with fewer votes – Los Angeles Times
