Almost 200 ballots for Newport Beach residents living overseas or serving in the Armed Forces have been mailed, marking the first step in a court-ordered special election for three resident-sponsored initiatives regarding council term limits, council district representation and oversight of public meetings and records.
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For the first time in 44 years, the city will administer its own election, which will happen concurrently with the regularly scheduled general election on Nov. 3. Voters will get two ballots, one from the Orange County Registrar of Voters with everything from local council and school board races to the California governor’s race and a second from the city for the three initiatives.
In a late-night City Council meeting Friday, Sept. 18, Councilmember Erik Weigand argued the city should not send out the special election ballots, saying it would ultimately lead to chaos and confusion that could jeopardize the success of the general election. A council majority disagreed, and his effort to stop the mailing failed.
“I’m not confident the Registrar of Voters or the Secretary of State is going to provide us enough information to get us the ability to verify all ballots when they get back to us,” Weigand said, following a three-hour closed session meeting with the city’s legal counsel.
Weigand added that he is especially concerned that no voter guide or pro/con arguments are included with the 175 ballots mailed out to the overseas voters.
“I feel that leads to a significant amount of confusion,” he said.
The election was ordered by Orange County Superior Court Judge Julianne Bancroft. Newport Beach had gone to court to challenge whether the initiatives authored by the Newport Beach Stewardship Association had been properly noticed to the public. The city’s appeal of Bancroft’s decision that they were is still awaiting a ruling from the state’s Supreme Court.
In the meantime, Bancroft has shut down the city’s arguments that the special election runs counter to election laws and the city charter and the time crunch to organize the election is too tight. Most recently, in a final ruling on Sept. 14, Bancroft said any hardship the city now faces in putting together the special election is its own doing.
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The city clerk is working with vendors and a consultant to administer the special election. Ballots to in-town registered voters are expected to go out Oct. 19, Weigand said Friday.
City officials have been notified by the county registrar and state election leaders that some voter information, such as confidential voter data, can not be provided at this time.
Nonetheless, City Manager Seimone Jurjis confirmed on Monday that the city continues to comply with Bancroft’s order.
Councilmember Robyn Grant, who opposed Weigand’s effort on Friday, said that despite the complexities of the special election, she is cognizant of the city’s legal counsel’s advice.
“There are definite hurdles, and we’re looking for a lawful path forward,” she said, adding that a trial court and the Court of Appeals ordered the special election. “I remain in the same position we were when a majority of us voted.”
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