Newport Beach sends ballots amid legal questions

Newport Beach is moving ahead with a court-ordered special election for three initiatives, with the first ballots scheduled to go to overseas and military voters Saturday morning despite questions about whether the vote can legally be conducted, according to Voice of OC.

The dispute puts Newport Beach in a rare position: city staff are trying to run an election without help from the Orange County Registrar of Voters, a step multiple council members said the city has not taken in about 40 years, Voice of OC reported.

OC Superior Court Judge Julianne Bancroft ordered Newport Beach to place the three initiatives on the Nov. 3 ballot after finding that city officials’ legal challenges delayed the measures, Voice of OC reported. Bancroft said city leaders "abused their discretion".

The initiatives, funded entirely by local developer Ken Picerne, address city hall transparency, tighter term limits for council members and a move to district elections, according to Voice of OC. The city had just over 50 days after Bancroft’s ruling to organize the election.

The Orange County Registrar of Voters and the California Secretary of State declined requests to help run the election, Voice of OC reported. Newport Beach City Attorney Aaron Harp said at a council meeting last week that holding the election without that help was "impossible,".

Orange County Registrar of Voters Bob Page told Newport Beach City Clerk Lena Shumway that his office would not release voter data the city says it needs. "The Registrar of Voters cannot provide the City with confidential voter registration information today, which includes signature images, language preference, accessible ballot requests, and information about any confidential voters residing within Newport Beach.", Page said, according to Voice of OC.

Councilman Erik Weigand questioned whether the city could lawfully proceed. "If the state is saying this is illegal, and the county is saying we haven’t hit any of the deadlines, we know for a fact whether we send these ballots tomorrow or not we’re going to get information that we can’t conduct or hold this election". Weigand also said, "The election will be null and void."

Councilwoman Robyn Grant said the city should continue following the court order unless another proceeding determines the election cannot go forward. "This body has voted by majority to comply with the writ". Grant also said, "We can be in compliance with the writ until it’s established…in some legitimate proceeding that a lawful election cannot be conducted."

Newport Beach council members did not vote to stop the election at the Friday meeting, leaving city staff to continue preparations while legal and logistical questions remain, Voice of OC reported.