DATE:
December 13, 2022
CATEGORY:
Consent
DEPT.:
City Attorney’s Office
TITLE: Santa Clara County Civil Grand Jury
Report Response—Ballot Questions
RECOMMENDATION
Approve the City’s response to the 2022 Santa Clara County Civil Grand Jury’s final report, “If You Only Read the Ballot, You’re Being Duped” (Attachment 1 to the Council report).
BACKGROUND
The City received a copy of the 2022 Santa Clara County Civil Grand Jury’s final report , entitled “If You Only Read the Ballot, You’re Being Duped ,” on October 7, 2022 (hereinafter referred to as the “Civil Grand Jury Report” or the “Report”).
California Penal Code Section 933(c) requires that the governing body of a public agency which has been the subject of a Civil Grand Jury final report respond within 90 days to the Presiding Judge of the Superior Court on the report’s findings and recommendations pertaining to matters under the control of the governing body. The deadline for the City to submit its response to the above-referenced report is January 5, 2023.
The Civil Grand Jury Report focuses on ballot questions, which are the statements of a ballot measure (defined as proposals to enact new laws or repeal existing laws placed on the ballot for approval or rejection by the electorate) that precede “Yes” or “No” on a ballot card. The Report specifically references a Santa Clara Valley Water District ballot measure and other ballot measures by other jurisdictions within and outside of Santa Clara County. The Report concluded that the public relies on the ballot question for purposes of voting and that these ballot questions can sometimes be misleading and may lead to voters being deceived.
The Civil Grand Jury proposes two solutions for entities within Santa Clara County:
1. “Task an appropriate official to review ballot measure questions.”
This proposal would require proposed ballot questions be submitted to the Santa Clara County Counsel’s office, who would be charged with ensuring that the wording of the ballot
Santa Clara County Civil Grand Jury Report Response—Ballot Questions December 13, 2022
question is not false, misleading, or biased and would have the authority to approve ballot questions that meet the statutory requirements and reject those that do not.
2. “Create an independent oversight commission to review ballot questions.”
This proposal would require Santa Clara County to form a “Good Governance in Ballots Commission” (Good Governance Commission), which would serve as an advisory commission to review and comment on ballot questions but also to reject language that is biased and partial. All governing entities within the County would be required to submit ballot questions to the Good Governance Commission for review. The Report outlines how this solution would require the passage of State legislation due to jurisdictional conflicts.
ANALYSIS
The Civil Grand Jury Report includes one finding: “…that in the current environment, which is unregulated at the local level, it is easy for the author of a ballot measure question to write the question in a way that is confusing or misleading to voters.” This finding includes six associated recommendations. Three of those associated recommendations are directed to every city within Santa Clara County (including Mountain View) , Santa Clara Valley Water District, Valley Transportation Authority, El Camino Healthcare, Foothill-DeAnza Community College District, San Jose Unified School District, East Side Union High School District, and Cupertino Union School District.
The City is required to respond to each of these findings indicating whether the City agrees with the finding or disagrees, in whole or in part, with the finding, specifying any disputed portion and providing an explanation. The City must also respond to the recommendations by selecting and reporting one of the following four responses: (i) the recommendation has been implemented, with a summary of the implementation action; (ii) the recommendation will be implemented in the future, with a time frame for implementation; (iii) the recommendation requires further analysis, with an explanation of the scope and time frame; or (iv) the recommendati on will not be implemented because it is unwarranted or unreasonable, with an explanation.
Santa Clara County Civil Grand Jury Report Response—Ballot Questions December 13, 2022
Table 1: Summary of City Responses
to Civil Grand Jury Findings and Recommendations
Finding/
Recommendation Summary
City
Response
Response
Summary
1. Ballot measures are
unregulated at the local
level, and it is easy to
write ballot questions in a
way that is confusing or
misleading to voters.
Disagree, in whole. Form and content of ballot
questions are governed by
State law, reviewed by the
City Attorney, approved by
the City Council in a duly
noticed public meeting, and
may be challenged in court
prior to an election.
1b. Governing entities within
the County should
voluntarily submit their
ballot questions to
County Counsel for
review.
Will not be implemented. Infringes on Charter City
authority; City Attorney
performs this review.
1c. Governing entities within
the County should, by
March 31, 2023, take
legislative action to
require submission of
ballot questions to the
County Counsel for
review.
Will not be implemented. Same as Recommendation
1b.
1e. Governing entities within
the County should submit
their ballot questions to
the Good Governance
Commission for review.
Will not be implemented. Infringes on Charter City
authority; City Attorney
performs this review; and
oversight unwarranted in the
absence of evidence that
Mountain View has violated
elections law.
Upon approval by Council, the City’s detailed response will be transmitted to the Presiding Judge on or before the January 5, 2023 deadline.
Santa Clara County Civil Grand Jury Report Response—Ballot Questions December 13, 2022
FISCAL IMPACT
Council’s approval of the City’s response to the Civil Grand Jury report will have no fiscal impact.
ALTERNATIVES
1. Provide other input regarding the City’s response to the Report’s finding and recommendations.
2. Do not approve City’s response to the Report’s finding and recommendations.
3. Provide other direction.
PUBLIC NOTICING
The Council’s agenda is advertised on Channel 26, and the agenda and this report appear on the City’s website.
Prepared by:
Diana Fazely
Assistant City Attorney
Jennifer Logue
City Attorney
Approved by:
Kimbra McCarthy
City Manager
DF-JL/6/CAM
013-12-13-22CR-1
202439
Attachments: 1. Response to Civil Grand Jury Report
2. Civil Grand Jury Report
3. 90-Day Notice to Respond