To: Board of Supervisors
Department or Agency Name(s): County Clerk-Recorder-Assessor-Registrar of Voters
Staff Name and Phone Number: Deva Marie Proto, (707) 565-1877
Vote Requirement: 4/5th
Supervisorial District(s): Countywide
Title:
Title
Call Special Election to be Held in Sonoma County for Recall of District Attorney Jill Ravitch
End
Recommended Action:
Recommended action
A) Adopt the resolution calling for a special election to take place in Sonoma County on September 14, 2021, to determine whether to recall District Attorney (DA) Jill Ravitch, as well as decide who should replace her shall a majority vote in favor of the recall.
B) Approve use of FY 2021-22 General Fund Contingencies in the amount of $909,000 to finance special election expense.
(4/5th Vote Required)
end
Executive Summary:
This item requests that the Sonoma County Board of Supervisors (BOS), in accordance with California Elections Code (EC) §11240, issue an order stating that an election shall be held to determine whether the officer named in the recall petition shall be recalled, and who shall replace the official if a majority vote in favor of the recall.
The Board is also requested to approve use of FY 2021-22 General Fund Contingencies to finance special election expenses estimated to be $909,000. The Board’s Use of General Fund Contingencies Policy states that decisions on use of contingencies should only occur at the Board’s annual budget hearings and during mid-year budget updates. However, staff is requesting an exception to Board policy given that the Board is required to call a recall election within 14 days of accepting the certificate of sufficiency (EC §11240).
Discussion:
On October 22, 2020, proponents of recalling DA Jill Ravitch filed a notice of intention to recall with the Sonoma County Registrar of Voters (ROV) Office. After meeting all the recall requirements laid out in EC §§11020-11047 and EC §§11220-11222, on November 10, 2020, the ROV Office approved recall proponents’ petition and proponents began collecting signatures.
On April 1, 2021, recall proponents filed 43,316 face value petition signatures consisting of 2,694 sections with the ROV Office. Per EC §11224, the ROV Office conducted a full examination of petition signatures, which it completed on May 11, 2021. It found that 32,128 of the 43,316 face value signatures were valid, more than the 30,056 valid signatures required. As a result, per EC §11227, the ROV Office certified the results to be sufficient and submitted the certificate of sufficiency to the BOS on May 18, 2021. The BOS, in turn, voted to accept the certificate.
Per EC §11240, within 14 days of accepting the certificate of sufficiency, the BOS shall issue an order stating that a recall election will be held between 88 and 125 later (between August 21, 2021 and September 27, 2021). A nomination period for candidates to succeed the recalled officer must also be established. According to EC §11381(b), this period must be after the order of election and no later than 75 days prior to the election date. If the BOS fails to call an election within 14 days of accepting the certificate of sufficiency, the ROV Office shall, within five days, set the date for holding the election.
Per EC §11242, if a regular or special election is already scheduled to be held in Sonoma County in the timeframe when the recall will be held, the elections shall be consolidated. However, no regular or special election is expected to be taking place in Sonoma County in August or September. Per EC §1500, August 31, 2021, is an established mailed ballot election date, but EC §4108(b)(1)(C) forbids the consolidation of mailed and non-mailed ballot elections. Therefore, the recall election cannot be held on August 31, 2021. In addition, per EC §1100, elections may not be held on any day other than Tuesdays, nor on the day before, day of, or day after, a state holiday. This means the recall election cannot be held on September 7, since it is the day after Labor Day.
This leaves two election dates as possibilities: September 14, 2021, and September 21, 2021. Based on staff input, other potential election dates, anticipated workload, and various other considerations, the County Clerk recommends that the recall election take place on September 14, 2021. Per EC §11381(b), this would mean the nomination period could start no earlier than today, May 25, 2021, and end no later than July 1, 2021.
Estimated election costs are $2 to $3 per voter. With approximately 303,000 active, registered voters, this would be a range between $606,000 and $909,000. Some of the costs that go into the estimate include creation and printing of ballots and voter information guides ($140,000), polling place and election day workers ($113,000), precinct supplies and transportation of supplies ($97,000), printing, labels, envelopes and letters for voters, districts, candidates and others ($27,000), envelopes and labels for ballots ($65,000), postage for outgoing ballots, return ballots, voter information guides, and correspondence ($165,000), information technology setup and reporting costs ($35,000), legal costs ($2,000), and Extra Help and overtime staff costs ($120,000). Costs are highly variable, and dependent on number of registered voters, number of replacement ballots required, ballots printed for each polling place, the number of signature cure letters needing to be sent, the amount of voter turnout and when and how ballots are returned.
Prior Board Actions:
May 18, 2021, the BOS accepted the certificate of sufficiency to recall DA Jill Ravitch.
Fiscal Summary
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Expenditures |
FY 20-21 Adopted |
FY21-22 Projected |
FY 22-23 Projected |
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Budgeted Expenses |
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909,000 |
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Additional Appropriation Requested |
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Total Expenditures |
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909,000 |
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Funding Sources |
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General Fund/WA GF |
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State/Federal |
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Fees/Other |
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Use of Fund Balance |
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Contingencies |
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909,000 |
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Total Sources |
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909,000 |
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Narrative Explanation of Fiscal Impacts:
The estimated cost to hold a special election for a countywide recall is $2.00 to $3.00 a voter. Since Sonoma County currently has approximately 303,000 registered voters, the total cost would be between $606,000 and $909,000. The Board is requested to reserve $909,000 of FY 2021-22 General Fund Contingencies to finance special election expenses. The budget adjustment for actual costs will be included in FY 2021-22 Q1 Consolidated Budget Adjustments.
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Staffing Impacts: |
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Position Title (Payroll Classification) |
Monthly Salary Range (A-I Step) |
Additions (Number) |
Deletions (Number) |
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Narrative Explanation of Staffing Impacts (If Required):
N/A
Attachments:
Resolution
Related Items “On File” with the Clerk of the Board:
N/A