Election committee questions Ross Valley flood tax
Rob Rogers
Marin Independent Journal
Article Launched:07/22/2007 11:13:31 PM PDT
Members of the Marin Election Advisory Committee want to take a closer
look at the voting procedures used in the controversial Ross Valley
flood tax election.
The committee, which advises the registrar of voters on voter
participation and election integrity issues, stopped short of
commenting on the results of the election itself. County election
workers are recounting ballots Monday at the request of San Anselmo
attorney Ford Greene and others who are paying for the tally.
But members raised questions about the unusual election, in which Ross
Valley property owners voted by mail on a user fee to support future
flood-control measures for the region. The fee won by 65 votes in a
mail election - administered by public works officials - in which 1,700
ballots were tossed out, most because voters did not sign the unusual
ballots.
"For us, it's hard to comment on the election," said member Bob
Richard. "This wasn't really even a vote in the sense of the election
code. But I think it's worth looking at Proposition 218 elections more
generally. We're one of the few counties that has an advisory body like
this, and we shouldn't be embarrassed to take a look at some of these
questions."
Proposition 218 is the ballot measure that requires local governments
to hold protest elections before imposing user fees on property owners.
Items on a Proposition 218 ballot require only a 50 percent majority to
pass, rather than the two-thirds majority needed to pass a tax in a
regular election.
"This election was conducted by the Department of Public Works, not our
office," said Elaine Ginnold, registrar of voters. "These ballots went
out to property owners. They didn't have to be registered voters or
even citizens. After they sent out the ballots, we were asked by the
county if we wanted to cooperate in counting the votes. We didn't know
what the ballots looked like, and we had no impact into their design."
Those ballots have drawn criticism because instructions on the back of
the ballot required voters to sign their name. Of the 15,010 ballots
returned to the county, about 1,700 had to be discarded. While
officials previously reported that 1,100 of those ballots were
discarded because they were unsigned, Ginnold called that number "a
total guess," saying the number could be higher.
"The fact that a lot of people didn't sign suggests that the signature
represented a barrier," said Antonia Hollander, a member of the
committee and a representative of the Marin Grassroots Leadership
Network. "Clearly, there was something wrong about the ballot if so
many people did not sign."
State law does not require voters in a Proposition 218 election to sign
ballots. However, the law does allow counties to impose conditions such
as signatures to a Proposition 218 election, which the Marin Board of
Supervisors did.
"In every one of those elections, (having to sign the ballot) is the main concern," Ginnold said. "It's always controversial."
While critics of the Ross Valley election have asked for the unsigned
ballots to be counted, Ginnold said the county cannot legally do so.
"Suppose we had done that," Ginnold said. "Then the outcry would be,
'You counted those ballots and they weren't even signed!' We have to
follow procedures."
Committee members at a meeting Friday agreed to evaluate the process of
holding Proposition 218 elections, although not all agreed on its
importance.
"This election affected a small percentage of overall voters," said
member Mark Kyle. "It had to do with a small number of property owners,
rather than all of the people in this county who are eligible to vote."
Contact Rob Rogers via e-mail at rrogers@marinij.com
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