Agenda

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D.4

To:	Board of Supervisors
From:	Kristin Connelly, Clerk-Recorder
Date:	April 18, 2023

Contra

Costa

County

Subject:

Authorizing the Elections Office to Not Print the List of Supporters and Opponents for Local Measures on the county ballot

APPROVE	OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR	RECOMMENDATION OF BOARD COMMITTEE

Action of Board On: 04/18/2023

APPROVED AS RECOMMENDED

OTHER

Clerks Notes:

VOTE OF SUPERVISORS

AYE:

Candace Andersen, District II Supervisor
Diane Burgis, District III Supervisor
Ken Carlson, District IV Supervisor
Federal D. Glover, District V Supervisor

ABSENT:

John Gioia, District I Supervisor

Contact:

Helen Nolan, 925-335-7808

I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown.
ATTESTED: April 18, 2023
Monica Nino, County Administrator

BY:	, Deputy

RECOMMENDATION(S):

ADOPT Resolution No. 2023/154 to opt not list supporters and opponents of county, city, district, and school measures on county ballots for all future elections.

FISCAL IMPACT:

If the Resolution is not adopted, there is an anticipated increase in printing costs and potentially mailing costs to all Contra Costa County registered voters due to the increased complexity, length, and size of the ballots resulting from the additional text.

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 that the supporters and opponents of each statewide measure be listed on the ballot label or that a similar description be provided on the ballot.

BACKGROUND: (CONT'D)

Election Code section 9170(d) allows for counties to opt out of listing supporters and opponents of local measures on county ballots. 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.”

The Registrar of Voters recommends electing not to list the supporters and opponents of local measures because printing the list of supporters and opponents of local measures on the ballot label may politicize the ballot, which traditionally has remained largely neutral. Further, it would increase the possibility for electioneering and promotion of candidates who may be on the ballot and are also signers of the measure.

Including the supporters and opponents of local measures would also increase the length of those ballot measures by 40%. The resulting increase in length of the ballot would require voters to sort through more material, affecting the readability and usability of the ballot. To the extent that voters are interested in supporters and opponents of local measures, that information is contained in the voter information guide, which is sent to every voter.

Although the number of local measures appearing on a ballot varies from election to election, it is estimated that including the supporters and opponents of local measures could add one or more ballot cards to the ballot at primary and general elections at an estimated cost of $174,000 per ballot card. Further, one additional ballot card equates to a 20% increase in staff time needed to lay out, proof- read, translate, extract, tabulate, adjudicate, and canvass the ballots in the election. A 20% increase in storage boxes, storage space, and storage charges would also be required for 22 months following the election.

The proposed action would allow Elections to not list supporters and opponents of each local measure on all future county ballots in accordance with Elections Code section 9170.

CONSEQUENCE OF NEGATIVE ACTION:

If the Resolution is not approved, significant additional financial costs related to printing and production of the ballot with local measures will need to be funded by the County and local governments with measures on the ballot and delays in production may be experienced due to additional time needed for ballot layout, translations, proofing, and printing.

CLERK'S ADDENDUM

Speakers: Liz; Caller 1; Shawn; Caller 6770.