Nevada County Registrar Opposes Disclosing Ballot Information
On Tuesday, the Nevada County Board of Supervisors unanimously agreed to delay the board vote opting out of the state requirement to list the proponents and opponents of local measures on the actual ballots pursuant to AB 1416. Such election code has an “opt-out” provision related to local measures if a county so chooses. Gov. Gavin Newsom (D) signed AB 1416, The Ballot DISCLOSE Act, on November 29, 2022 in an effort to improve ballot measure transparency. All statewide ballot measures will now include a list of supporters and opponents on the ballot itself.
Assemblyman Miguel Santiago (D-Los Angeles), lead author of AB 1416 stated, “Big money in politics continues to capitalize on the lack of ballot measure transparency, which directly affects the outcome of elections. As more and more ballot measures appear on general election ballots, it is imperative voters have the information they need to cast an informed vote on state and local ballot measures. The Ballot DISCLOSE Act will bring greater transparency and democracy to the ballot box on Election Day.”
The Nevada County agenda item was brought to the board by the newly elected registrar of voters, Natalie Adona. The issue was placed in the consent calendar by Board Chair Ed Scofield (Alta Sierra) to be voted on as a block without discussion or public comment. If the agenda item was passed by the board, Adona would not place the names of the proponents or opponents of local measures on the actual ballot as required by AB 1416. Several community members noticed this item and requested that it be pulled from the consent agenda for further public input.
Opponents of the agenda item in public comment, such as Michael Taylor and Pauli Halstead, echoed the assessment of Gov. Newsom and Assemblyman Santiago and commented to the board of supervisors that the county should be encouraging transparency in elections and providing as much information to voters. Nevada City resident, Michael Taylor, told the board that “if anything is needed in Nevada County, it is more transparency.” Taylor asserted that the agenda item proposed by Adona moves the county towards “less transparency, especially concerning elections for individuals and ballot measures.”
Taylor, and others who commented publicly, also pointed out that the county’s chief executive office and the Office of Emergency Services spent over $100,000 of taxpayer funds promoting Measure V which failed approval during the most recent November election. To date, the actual amount of taxpayer dollars spent on the failed measure by the County is still unknown, and the Fair Political Practices Commission is investigating the potential illegal use of taxpayer funds.
In the staff memorandum included with the potential resolution, Adona stated that “[o]pting out of these print provisions does not deprive Nevada County voters of the information that they need when making decisions on local ballot measures, as the same information may be printed in the county voter information guide.” As local election law attorney, Barry Pruett, pointed out to the board of supervisors in public comment, the word “may” is permissive and does not indicate a requirement. Pruett commented that providing such information in the voter guide “is not required, and as such, voters could be deprived of this information” by not having it on the ballot as required by statute. “Regardless” Pruett continued, “more information is better than less.”
Supervisor Lisa Swarthout (Grass Valley), after initially having no issue with omitting the required information from local ballots, asked Adona whether the required information is contained in the county voter guide. Adona stated that “typically” such information is in the county voter guide, thus confirming that the information which the state requires on the ballots (unless the county opts out) is not required to be printed in the county voter information guide. It is noteworthy to also point out that, during the most recent November 2022 election, the local registrar of voters mailed the ballots for such election (which included Measure V) to county voters over a week before mailing the county voter guides to the same voters.
In addition, Adona also argued that electioneering and promotion of candidates who may appear on the ballot as a candidate and as a proponent or opponent of a measure created potentially an advantage to such a candidate. Pruett asserted in public comment, “None of this campaign information or election activities which Adona seeks to restrict by opting out of the requirements of [AB 1416] is illegal speech. The more information the better for our community.”
In her conclusion to the staff memorandum, Registrar of Voters Adona states that “the requirement could put the Elections Office in the position of accepting or denying abbreviations of supporters or opponents that may not be clear due to the maximum character limit, which could result in legal challenges to perceived unfair determinations.” Pruett countered that “candidates deal with this [issue] every single election when writing their candidate statements.” Pruett concluded “It is Adona’s duty to follow the law, not avoid it because the law may confuse her.”
Sen. Henry Stern (D-Los Angeles), lead author in the California State Senate stated, “This law will vastly improve voters making an informed choice when voting, and finally root out the special interest that lurk in the shadows seeking to mislead the public.”
“Governor Newsom’s signature of the Ballot DISCLOSE Act will ensure that every Californian voter will know key supporters and opponents of ballot measures when they vote, just like every legislator when they vote and the Governor when he signs or vetoes bills. This will be true no matter what voters’ life circumstances and no matter how lopsided the campaign spending,” said Trent Lange, President of the California Clean Money Campaign, sponsor of AB 1416. “Every Californian who cares about fairness in democracy owes a debt of gratitude to Governor Newsom, Assemblymember Miguel Santiago, Senator Henry Stern, and all the other bold leaders in the California Legislature who helped AB 1416 pass.”
The board of supervisors tabled Adona’s recommendation to remove state mandated information from the ballots while they investigate the issue to allow the public more time to consider the repercussions of opting out of AB 1416.
Barry Pruett, mentioned in this article, is a member of Sierra Thread.