OC ROV

Appellate court hears recall proponents' arguments, cites election code and takes case under submission

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Eileen Moore, The Orange County Register “Each signer shall at the time of signing the petition or paper personally affix his or her signature, printed name, and place of residence …” said Justice Eileen Moore of the 4th District Court of Appeal, quoting California election law. “How else do you expect us to interpret those words?”

Appellants' counsel, Mark Rosen, argued that the disqualified petitions, which he said cost the parents the recall election, violated the spirit of the law.

Supervisors refer ROV investigation to Election Center to avoid dealing with controversy directly

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Editorial, The Orange County Register "The Orange County Board of Supervisors has seemed reluctant to tackle a potentially serious problem in one of the most important offices in the county: the Registrar of Voters. If the registrar is not operating efficiently or fairly, the public could start to question the validity of the entire election process. It would be troubling to head down that road ... Rather than deal with the problem directly, the Board of Supervisors hired ... the Houston-based Elections Center, to review the specific allegations regarding the Orange County registrar's behavior in the Capo recall fracas."

Registrar's errors leaned suspiciously in school district's favor

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Editorial, The Orange County Register "We find it odd that all of the registrar's mistakes leaned in one direction, especially in light of Mr. Smollar's accusations ... For instance, the possibly illegal action involved showing signed petitions, including names and addresses of the signers, to the Capo district. The registrar also incorrectly told the district that the recall election would cost the school district $600,000, when in reality the county pays for such elections. This mattered because the district then used that information as a prime part of its campaign against the recall. The report said Mr. Kelley learned about his mistake in December but didn't disclose that information for another month, according to published reports."

Election Center prepared report without input from key witness

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Editorial, The Orange County Register "David Smollar, the former district spokesman who blew the whistle on the wrongdoing, told the Register that he was told by an elections official and by a colleague in his district that Mr. Kelley was bending the rules to allow them to see the petitions. Yet Mr. Smollar said that the Elections Center never tried to contact him, despite claims by the center that it did leave messages."

Election Center report cost $25,000, resolved no material issues and offered trival suggestions

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Editorial, The Orange County Register "The Board of Supervisors is left in the same place it was before it spent $25,000 on this report: There is still debate over the competence and fairness of how the registrar's office is being run. The board needs to decide – publicly, we prefer, and after hearing from Messrs. Smollar and Kelley – if this is the way they want elections handled in Orange County ... The report did offer a range of banal, but useful suggestions. For instance, it recommended that written procedures should be developed to handle recalls and that user-friendly handouts should be available for petitioners."

Outside investigations in order for both CUSD and registrar

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Editorial, The Orange County Register "The scandals that demand outside investigation are twofold: the behavior of Mr. Fleming and his administration and the performance of the Registrar of Voters office. The former should be conducted by the district attorney, the latter by the Board of Supervisors."

Smollar says Flemings kept list of names ilegally obtained from registrar's office

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Editorial, The Orange County Register "Then, according to the July 11 Register, the district’s former director of communications, David Smollar, and another district official viewed the petition data at the registrar’s office and Mr. Smollar wrote down many names of recall signers, and then handed them over to Superintendent James Fleming. Mr. Fleming told the newspaper that he was uncomfortable with the list of names and handed them back to Mr. Smollar. But Mr. Smollar said that Mr. Fleming kept the list."

Registrar's conduct could undermine legitimacy of democratic process

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Editorial, The Orange County Register "The registrar is charged with maintaining the integrity of the election process. The legitimacy of the democratic process can be undermined if the office charged with maintaining fair elections is viewed as unfairly helping one side in a recall election."

Registrar admits not knowing law restricting access to recall petitions

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Editorial, The Orange County Register "[Kelly] adamantly defended the office’s methods, insisting that he followed the precise rules for counting. Yet it appears that Mr. Kelley’s office wasn’t quite so precise in carrying out the law when it came to handling the petitions, allowing Capo administrators and other community officials access to petition data. Mr. Kelley said his office was unaware at the time that state law allows only the 10 original recall proponents to see the data."

Outside investigations in order for both CUSD and registrar

ocregister
Editorial, The Orange County Register "The scandals that demand outside investigation are twofold: the behavior of Mr. Fleming and his administration and the performance of the Registrar of Voters office. The former should be conducted by the district attorney, the latter by the Board of Supervisors."