Agenda Item AGENDA STAFF REPORT ASR Control
MEETING DATE:	06/24/2014
to:	Orange County Clerk of the Board
legal entity taking action:	Board of Supervisors
SUBMITTING Agency/Department:	Supervisor Moorlach
Department contact person(s):	David Mansdoerfer, (714) 834-3220
	Pamela Newcomb, (714) 834-3220

CATEGORY: Discussion

SUbject:

Ballot Measure - Orange County Charter Amendment

RECOMMENDED ACTION:

1.	Direct the Registrar of Voters to place on the ballot "AN ORDINANCE OF THE COUNTY OF ORANGE, CALIFORNIA, AMENDING SECTION 103 OF ARTICLE 1 OF THE CHARTER OF ORANGE COUNTY TO ADD AN ALL-MAILED BALLOT ELECTION ALTERNATIVE FOR FILLING VACANCIES ON THE BOARD OF SUPERVISORS."
2.	Delete the specific reference to a March primary, consistent with changes to the California Elections Code, Section 316.
3.	Direct County Counsel to prepare the ballot language and the impartial analysis of the ordinance, and to submit these items to the Registrar of Voters.

SUMMARY/BACKGROUND:

The Orange County Charter (Charter) was adopted by the voters as Measure V in the March 2002 primary election. The California Constitution, Article 11, Section 4(e), states that a county charter may provide for “[t]he powers and duties of governing bodies and all other county officers, and for consolidation and segregation of county officers, and for the manner of filling all vacancies occurring therein.” The Charter has a specific provision regarding filling a vacancy on the County Board of Supervisors. Without the Charter, Government Code Section 25060 would grant appointing authority to the Governor to fill any vacancy on the County Board of Supervisors. According to Section 103 of the Charter, if a vacancy occurs in the first three years of a Supervisor's term, voters within the district elect the replacement Supervisor, either at a special election or an upcoming general election, depending on when the vacancy occurs. If a vacancy occurs in the final year of office, the vacancy is filled by the person receiving the highest number of votes for that office in the primary election.

It is recommended that the Charter be amended to allow an option for an all-mailed ballot special election when a special election is held to fill a future vacancy on the County Board of Supervisors. This option is to be enacted by Board approval.

The Registrar of Voters is mandated to provide a physical polling location in each city to comply with the Americans with Disabilities Act. This requirement is still in effect if this ordinance is passed.

The Charter may only be amended by a majority vote of the electorate. According to the Registrar of Voters, a comparison of costs for countywide elections held in 2010 and 2012 indicates an estimated savings of approximately $600,000 from a Vote by Mail (VBM) election. Although it would cost less to conduct a special election in one district, it appears that VBM would achieve some cost savings for the County.

In Section 103, subsection B, of the current Charter, a vacancy in the County Board of Supervisors in the final year of office is to “be filled by the person receiving the highest number of votes for Supervisor in that district in the March primary election that year.” (Emphasis added.) When the Charter was adopted, California Elections Code Sections 1000, 1201 and 1300 established that statewide primary and county elections were held in March in even numbered years; however, the elections have since been moved to June pursuant to California Elections Code, Section 316. Therefore, it is also recommended to revise Section 103, subsection B, and delete the specific reference to a “March” primary to reflect this change and any future changes to the Elections Code regarding primary election dates.

EXHIBIT(S):

Exhibit A - Proposed Ordinance Strike-through; Exhibit B - Proposed Ordinance

COUNTY COUNSEL REVIEW: