HomeMy WebLinkAbout24 - Newport Beach Voter Protection; Rescission of Resolution 2018-8 Relating to Subpoenas - Revised OrdinanceJune 26, 2018
Item No. 24
ORDINANCE NO. 2018 -
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, ADDING
SECTION 1.26.050 TO NEWPORT BEACH MUNICIPAL
CODE CHAPTER 1.26 TO STRENGTHEN AND
PROTECT THE INTEGRITY OF ELECTIONS WITHIN THE
CITY OF NEWPORT BEACH
WHEREAS, on January 4, 2018, a judge serving on the Orange County Superior
Court issued a sealed Search Warrant and Affidavit authorizing the Orange County
District Attorney to seize recall petitions from the Orange County Registrar of Voters
relating to a failed City Council recall;
WHEREAS, a recall organizer and a recall proponent have stated that the Orange
County District Attorney is investigating potential voter fraud used to gather signatures in
support of the recall effort;
WHEREAS, on February, 13, 2018, the City Council adopted Resolution No. 2018-
8, which authorized an investigation and the issuance of subpoenas under City of
Newport Beach ("City") Charter Section 410 to investigate the alleged voter fraud;
WHEREAS, the City Council issued a subpoena to a company named in
Resolution No. 2018-8 that provided paid signature gathering efforts as part of the recall,
seeking various records related to the recall signature gathering efforts, including, but not
limited to, records relating to compliance with California Elections Code Sections 9607
and 9609;
WHEREAS, the subpoena issued to the company served a lawful purpose as it
allowed the City Council to investigate alleged voter fraud resulting from an unsuccessful
recall effort, provide information and assurances to the community regarding the integrity
of the City's election processes, and determine whether the City's Municipal Code could
add greater protection against potential signature fraud;
WHEREAS, the City has reviewed the documents supplied by the company under
penalty of perjury in response to the subpoena;
WHEREAS, the company's production did not include any instructions and/or
certificates demonstrating compliance with California Elections Code Sections 9607 and
9609, which are intended to prevent fraud and abuse during signature gathering efforts;
and
WHEREAS, as a result of the City's investigation the City has identified new
methods to strengthen, protect, and improve the integrity of elections within the City.
NOW, THEREFORE, the City Council of the City of Newport Beach ordains as
follows:
Section 1: Section 1.26.050 is hereby added to Newport Beach Municipal Code
Chapter 1.26 to read as follows:
Ordinance No. 2018 -
Page 2 of 3
1.26.050 Submission of Instructions and Certificates.
A. For any local initiative petition that strictly pertains to City matters,
Aany circulator or person, company, company official, or
organizational officer in charge of signature gathering Gandidate, or
^^ that is required to execute a certificate pursuant to prellide
City of Newport Beanh i Rder California Elections Code Sections
9607 9608 9609, and/or 9610, or any successor sections, shall
provide a copy of the inotri Gti0Rs and/or certificates to the City Clerk
within ten (10) calendar days of the date the inctrUntiens and/or
certificates are executeds"hmitted or distributed under the California
Elentiens Code
B. Failure to comely with this section shall not invalidate anv sianatures
on a local initiative petition.
Section 2: The recitals provided in this ordinance are true and correct and are
incorporated into the operative part of this ordinance.
Section 3: If any section, subsection, sentence, clause or phrase of this ordinance
is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the
validity or constitutionality of the remaining portions of this ordinance. The City Council
hereby declares that it would have passed this ordinance, and each section, subsection,
sentence, clause or phrase hereof, irrespective of the fact that any one or more sections,
subsections, sentences, clauses or phrases be declared invalid or unconstitutional.
Section 4: The City Council finds the adoption of this ordinance is not subject to
the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the
activity will not result in a direct or reasonably foreseeable indirect physical change in the
environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378)
of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it
has no potential for resulting in physical change to the environment, directly or indirectly.
Section 5: The Mayor shall sign and the City Clerk shall attest to the passage of
this ordinance. The City Clerk shall cause this ordinance, or a summary thereof, to be
published pursuant to City Charter Section 414. This ordinance shall be effective thirty
(30) calendar days after its adoption.
Ordinance No. 2018 -
Page 3 of 3
This ordinance was introduced at a regular meeting of the City Council of the City
of Newport Beach, held on the day of , 2018, and adopted on the day
of , 2018, by the following vote to -wit:
AYES, COUNCILMEMBERS
NOES, COUNCILMEMBERS
ABSENT COUNCILMEMBERS
MAYOR
ATTEST:
MARSHALL "DUFFY" DUFFIELD
LEILANI I. BROWN, CITY CLERK
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
AARON C. HARP, CITY ATTORNEY