Title
Elections Department recommending the Board adopt and authorize the Chair to sign Resolution 078-2023 authorizing the Elections Department to continue the County's practice of not listing proponents and opponents of local measures on a ballot for all future elections in accordance with Election Code 9170(d).
FUNDING: General Fund.
Body
DISCUSSION / BACKGROUND
Assembly Bill (AB) 1416 was passed by the State Legislature in 2022 with an effective date of January 1, 2023. AB 1416 adds a requirement for statewide measures that a listing of the supporters and opponents of measures be listed on the ballet label or that a similar description be provided on the ballot. The bill gives counties the option of printing the list of supporters and opponents of local measures on the ballot. The list could include associations, nonprofit organizations, businesses, and individuals taken from the signers or the text of the argument in favor or against the measure printed in the voter information guide. The listing of supporters and opponents of measures are currently listed on the Elections website. Any argument for or against the measure that is submitted will continue to be printed in the Voter Information Guide.
Opting into the additional printing would result in cost increases for ballot production and printing, additional ballot space for each local measure printed on the ballot, and increase the possibility for electioneering and promotion of candidates who may be on the ballot and are also signers of the measure. The requirement would also put the Elections Office in the position of accepting or denying abbreviations of supporters/opponents that may not be clear due to the maximum character limit, and in turn may result in challenges to perceived unfair determinations.
Election Code section 9170 does allow a mechanism to opt out of printing proponents and opponents of local measures as set forth in subsection (d). The subsection states as follows:
At least 30 days before the deadline for submitting arguments for or against county measures, a county board of supervisors may elect not to list supporters and opponents for county, city, district and school measures on the county ballot and future county ballots.
ALTERNATIVES
The Board could decide not to adopt the resolution, which could result in higher printing costs.
PRIOR BOARD ACTION
N/A
OTHER DEPARTMENT / AGENCY INVOLVEMENT
County Counsel
CAO RECOMMENDATION / COMMENTS
Approve as recommended.
FINANCIAL IMPACT
If the resolution is not adopted, there is an anticipated increase in printing and possibly mailing costs to all El Dorado County registered voters due to the increased length and size of ballots resulting from the additional text.
CLERK OF THE BOARD FOLLOW UP ACTIONS
1) The Clerk of the Board to obtain the Chair’s signature on one (1) original of the Resolution.
2) The Clerk of the Board to provide one copy of the Resolution to the Election Department.
STRATEGIC PLAN COMPONENT
N/A
CONTACT
Bill O'Neill, Registrar of Voters
Elections Department