AND
RESOLUTION NO. 2026-83
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, REQUESTING
THAT THE COUNTY OF ORANGE AND THE ORANGE
COUNTY REGISTRAR VOTERS PROVIDE OF
SPECIFIED ELECTION RECORDS, INFORMATION,
SERVICES, ACCESS, COORDINATION
NECESSARY TO CONDUCT THE CITY'S NOVEMBER 3,
2026, STANDALONE SPECIAL MUNICIPAL ELECTION
WHEREAS, the City of Newport Beach ("City") will conduct a separate, standalone special municipal election on November 3, 2026 ("Special Municipal Election"), for the purpose of submitting three City initiative measures to the qualified voters of the City;
WHEREAS, the Special Municipal Election will be administered under the authority and supervision of the City Clerk, as the City's elections official, with the assistance of qualified election consultants, vendors, temporary election personnel, and other people authorized by the City;
WHEREAS, the Special Municipal Election will be separate and distinct from the election being administered by the Orange County Registrar of Voters ("Registrar") on November 3, 2026, and the City intends to perform or arrange for the performance of ballot preparation, ballot production, ballot issuance and mailing, ballot processing, voting-system equipment, tabulation, canvass, and general election administration for the Special Municipal Election;
WHEREAS, although the City will administer the Special Municipal Election separately, the City does not independently possess or maintain all voter-registration records, voter signature records, military and overseas voter information, continuing voter-registration updates, confidential-voter information, and other election information necessary to administer the Special Municipal Election; WHEREAS, certain records, information, systems, access, and coordination necessary for the accurate and lawful administration of the Special Municipal Election are maintained or controlled by the County of Orange ("County") and the Registrar and cannot be independently created or reliably replicated by the City, its election consultant, or its election vendors;
WHEREAS, the City requires current and continuing voter-registration information to identify the qualified electors entitled to vote in the Special Municipal Election and to account for registrations, cancellations, address changes, status changes, and other voter-record changes occurring before and during the election; Resolution No. 2026-83
WHEREAS, the City requires current military and overseas voter information, including voter status and applicable ballot -delivery information, to timely prepare and issue ballots and election materials to eligible military and overseas voters; WHEREAS, the City’s administration of the Special Municipal Election also requires lawful access by City -authorized election personnel to voter signature records and other qualifying signed election records necessary to perform ballot signature verification, additional review, and signature-curing functions; WHEREAS, a voter -registration file alone does not provide the City with the signature-record access necessary to perform those functions, and the City therefore requires an operational means of obtaining lawful and secure access to the applicable signature records throughout ballot processing and canvass; WHEREAS, additional coordination with the Registrar may be necessary concerning confidential and protected voters, conditional or provisional registration and voting, replacement and superseded ballots, misdirected ballots and election documents, voter participat ion records, voter -file corrections, and other matters that may arise because the City and County will be conducting separate elections involving the same City electorate on November 3, 2026;
WHEREAS, California Elections Code Section 10002 authorizes the governing body of a city, by resolution, to request that the county board of supervisors permit the county elections official to render specified services to the city relating to the conduct of an election, subject to approval by the board of supervisors; WHEREAS, the City Council desires to request each service, record, information source, access method, and form of coordination described in Exhibit “A” separately so that the County’s ability or inability to provide one requested item does not delay the provision of another item that is otherwise available;
WHEREAS, the City further desires that the County identify which requested items may be provided under existing authority, which require approval by the County Board of Supervisors, the earliest date upon which each requested item can be implemented, any prerequisite or condition to implementation, and any lawful alternative that may be available if the particular method requested by the City cannot be provided; and WHEREAS, nothing in this Resolution is intended to limit or waive the City’s ability to obtain voter-registration records, election records, or other information to which the City Clerk or other authorized City representatives may otherwise be entitled under applicable law independent of the discretionary election services requested herein.
Resolution No. 2026-83
NOW, THEREFORE, the City Council o f the City o f Newport Beach, California, does resolve, declare, determine and order as follows:
Section 1: Pursuant to California Elections Code Section 10002, t he City Council hereby requests that the County of Orange, and the Orange County Board of Supervisors, permit the Orange County Registrar of Voters , as the County’s election official, to render to the City the specified services relating to the conduct of the November 3, 2026,standalone Special Municipal Election that are identified in Exhibit “A,” attached hereto and incorporated herein by this reference, to assist the City in conducting its November 3, 2026, Special Municipal Election.
Section 2: Each item identified in Exhibit “A” is requested separately and independently. The City requests that the availability, authorization, implementation, or delivery of any requested item not be delayed solely because another requested item cannot be provided, requires separate authorization, or remains under consideration. To the extent only a portion of the requested service or category can lawfully or operationally be provided, the City requests that the available portion be provided without delay.
Section 3: Except as specifically identified in Exhibit “A,” the City is not requesting that the County or Registrar conduct the Special Municipal Election on the City’s behalf. The City presently intends to provide or arrange for its own election personnel, consultants, vendors, ballot production, ballot issuance and mailing, voting systems and equipment, ballot processing, tabulation, canvass, and general election administration. The requests contained in this Resolution are intended to obtain those County-controlled records, information, access, services, and coordination necessary to enable the City to perform those functions.
Section 4: Nothing in this Resolution shall be interpreted to condition, limit, delay, or waive the City Clerk’s ability to request or obtain voter -registration information, voter records, or other election information available to the City or its elections official under applicable law independent of the County services requested by this Resolution.
Section 5: The City Clerk is authorized to identify and designate City employees, election consultants, vendors, temporary election personnel, and other qualified persons as authorized City representatives for purposes of receiving, accessing, processing, and using C ounty-provided election information to the extent permitted by applicable law. The City Clerk is further authorized to enter into appropriate confidentiality, security, data-use, access, and similar agreements reasonably required by the County for lawful access to such information.
Section 6: The City Clerk is authorized to establish with the Registrar appropriate secure methods for the electronic or physical transfer of voter information, election records, signature information, ballot records, and other election materials. Such Resolution No. 2026-83
arrangements may include authorized- user credentials, secure data- transfer methods, file layouts, updating schedules, testing procedures, correction procedures, and reasonable security requirements.
Section 7: Because the Special Municipal Election is already on an extremely compressed schedule, the City requests that the County and Registrar promptly provide a written implementation response for each item identified in Exhibit “A.”
For each requested item, the City requests identification of:
(a) whether the requested item may be provided under existing County or Registrar authority or requires action by the County Board of Supervisors;
(b) the County official or department responsible for implementing the requested item;
(c) the earliest date upon which the requested item can be provided or made operational;
(d) any condition, agreement, technical requirement, cost, or other prerequisite to implementation;
(e) the frequency of updates or continuing services, where applicable;
(f) the expected response time for time-sensitive election issues;
(g) a primary and backup contact for operational coordination and an appropriate escalation contact; and
(h) any alternative method or service that may satisfy the City’s election administration need if the specific method requested cannot be provided.
Section 8: The City requests that priority be given to those records, information, access, and coordination necessary to:
(a) establish an accurate initial voter file and continuing update process;
(b) identify and serve military and overseas voters;
(c) establish and test lawful access to voter signature records necessary for ballot signature verification and curing; and
Resolution No. 2026-83
(d) establish procedures for the transfer and handling of ballots, election documents, voter-record corrections, and other time- sensitive election matters that may arise before the County Board of Supervisors can act on the full request.
Section 9: To the extent any requested record, information source, access arrangement, service, or coordination may lawfully be provided before formal action by the County Board of Supervisors, the City respectfully requests that the County and Registrar make that it em available at the earliest practicable time. If formal Board authorization is necessary for a particular requested service, the City respectfully requests consideration of that item at the earliest lawful opportunity.
Section 10: The City Clerk shall continue to request and obtain voter registration records, updates, and other election records and information available to the City under Elections Code Sections 2183, 2188, 2194, and other applicable law. Nothing in this Resolution conditions access to records or information otherwise available to the City under applicable law upon approval of the discretionary election services requested pursuant to Elections Code Section 10002, waives any right of the Cit y or City Clerk concerning such records or information, or authorizes disclosure or use prohibited by law.
Section 11: This Resolution requests specified County services in connection with the City's separate Special Municipal Election. It does not request consolidation with the County -administered November 3, 2026, election and does not request that the County or Registrar assume general responsibility for conducting the City's Special Municipal Election.
Section 12: The calling of the Special Municipal Election, establishment of election procedures, appropriation of funds, and authorization of City election consultant and vendor agreements are addressed through separate actions of the City Council or other applicable City authority. This Resolution requests specified County services and does not independently amend the election date, establish the method by which the Special Municipal Election will be conducted, or modify any court order.
Section 13: Pursuant to Elections Code Section 10002, unless other arrangements satisfactory to the County are made, the City shall reimburse the County in full for the services performed pursuant to this Resolution upon presentation of a bill to the City. The City Clerk and City Manager are authorized to execute such agreements and take such administrative actions as may be necessary to implement services approved by the Orange County Board of Supervisors.
Resolution No. 2026-83
Section 14: The City Attorney is authorized to confer with County Counsel and other appropriate County officials concerning the legal authority, timing, scope, and implementation of the requests contained in this Resolution and Exhibit “A,” and to take such further legal action as may be appropriate concerning access to necessary County- controlled election records, information, systems, or services.
Section 15: The City Clerk is directed to transmit a certified copy of this Resolution and Exhibit “A” immediately following adoption to the Clerk of the Orange County Board of Supervisors, the Orange County Registrar of Voters, Orange County Counsel, and such other County officials as may be appropriate.
Section 16: The City Clerk shall certify the passage and adoption of this resolution and enter it into the book of original resolutions.
Section 17: In the case of City of Newport Beach et al. v. Newport Beach Stewardship Association, et al. , Orange County Superior Court Case No. 30- 2026- 01559183, a writ was issued on September 2, 2026, compelling the City Council to “[t]ake all steps necessary to hold a general municipal election for the Initiatives on November 3, 2026, whether run directly by the City or through a consolidated election process.” To avoid an argument that the City Council’s action to call the election or adopt this resolution is “voluntary compliance” with the writ issued on September 2, 2026, the City Council finds that it is being compelled to take the action calling the election for the initiative and associated actions. The trial court has stated its intention to hold the City and City Council in contempt should the City Council fail to put the initiative on a ballot for November 3, 2026. Believing itself to be compelled to vote to place the initiative on the ballot upon threat of contempt, the City Council exercises only the discretion afforded to it by the writ concerning the election at which the initiative is to be considered and places the initiative on the November 3, 2026, ballot. The City Council’s action does not constitute voluntary acquiescence in or acceptance of the correctness or validity of the court’s ruling.
Neither the City or City Council waives any claim, defense, objection, argument, appellate right, or request for relief arising from or relating to the City Council’s compelled compliance with the writ including, any appellate proceeding in Orange County Superior Court Case No. 30- 2026-01559183 or Case No. 30- 2026-01580961 ( City of Newport Beach et al. v. Robert Page, in his Official Capacity as Registrar of Voters, et al .).
Furthermore, the City Council finds and declares that the adoption of this resolution is being compelled by the writ and that the City Council does not waive or release any and all arguments that it has the legislative discretion to call an election for another date and time in accordance with the Elections Code. Similarly, the City Councill does not waive any other argument or legal theory including, but not limited to, whether the proponent’s Resolution No. 2026-83
complied with the publication and posting requirements for this measure. The City and City Council expressly reserve all such remedies and finds there is no intention to render any part of any appeal moot.
Section 18: If any section, subsection, sentence, clause or phrase of this resolution 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 resolution. The City Council hereby declares that it would have passed this resolution, 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 19: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution.
Section 20: The City Council finds the adoption of this resolution is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Public Resources Code Section 21080(b)(1) because submission to the voters of a voter-sponsored initiative is a ministerial duty required by Elections Code Section 9215, and is therefore not subject to CEQA pursuant to Sections 15060(c)(1) (the activity does not involve the exercise of discretionary powers by a public agency), 15060(c)(3) (the activity is not a project as defined in Section 15378), and 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3.
Resolution No. 2026-
Section 21: This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution.
ADOPTED this 11th day of September, 2026.
ATTEST:
Lena Shumway
City Clerk
APPROVED AS TO FORM:
CITY TTORNEY( OFf ( --
A p
City Attorney
Lauren Kleiman
Mayor
Attachment A - Exhibit "A" Requested for Services - Elections Code Section 10002
EXHIBIT A
REQUESTED COUNTY ELECTION SERVICES AND COORDINATION
NOVEMBER 3, 2026, CITY OF NEWPORT BEACH SPECIAL ELECTION Purpose and Scope
The following requests concern the City's separate election on the three City Charter initiative measures. The City will arrange its own election operating personnel and vendors.
The City does not request County ballot design, printing, mailing, tabulation , equipment operation, or general administration of the City special election through this Exhibit.
Existing County files, exports, systems, and procedures may be used where they meet the identified need. The City and its providers will perform necessary conversion and processing of delivered data. Any alternative method must provide the information or access needed to complete the applicable election function lawfully and on time.
1. Voter Registration File and Updates.
Provide the current Newport Beach voter registration file and necessary supplements or replacement files, including information lawfully available to the City to identify eligible voters, determine registration status, issue ballots, contact voters, and reconcile election records.
Provide available residence and mailing addresses , precinct identifiers , registration and address changes, cancellations, and other relevant status changes. Include record identifiers that may lawfully be supplied and used to associate records across the City's authorized systems.
Establish an update schedule supporting initial ballot issuance, the general mailing , subsequent registrations and changes through Election Day, and eligibility determinations during the canvass.
The update process shall include a method for identifying voters who become eligible to vote in the City election after preparation of the general mailing file and for providing the City with information necessary to issue ballots to those voters.
A file already delivered need not be duplicated unless an update or correction is necessary.
2. Military and Overseas Voter Information.
Provide the military and overseas voter information maintained by the County for Newport Beach voters, including UOCA VA status, preferred ballot-delivery method , and the mailing or electronic delivery information lawfully available for that purpose. 1 Provide the ex1stmg file layout and relevant field definitions . Establish a method for communicating subsequent requests, status changes, and delivery-information updates pertinent to the City election.
Complete the initial delivery on a schedule that allows the City and its providers to validate the records and prepare issuance for the City's planned September 18, 2026, military and overseas ballot distribution.
3. Lawful Signature-Record Access.
Establish a legally permissible means for the City's authorized election personnel to access the signature exemplars needed to perform signature verification and cure review under Elections Code Section 3019.
The arrangement should include available qualifying signatures within the voter's registration record, including relevant prior registration records and other qualifying signed election forms, together with subsequent updates needed during processing and the canvass .
The arrangement shall also address the manner in which signatures submitted by voters on cure statements or other qualifying documents will be made available or associated with the applicable voter and ballot record as necessary to complete the cure process .
The County and City shall determine the permitted delivery or viewing method , including whether authorized access through GEM or another secure method can be used. Any copying, storage, or transmission must be expressly permitted by applicable law and the approved access arrangement.
The City requests written confirmation of the lawful access method , authorized users, and activation date before its planned September 18, 2026, military and overseas ballot issuance, allowing sufficient time for the City and its providers to evaluate operational compatibility . Access must be operational in time to perform required signature verification and cure review and remain available through the applicable canvass work.
If the County cannot confirm that arrangement within the requested timeframe, the City requests prompt written identification of the unresolved approval, legal, or technical issues and any available alternatives . Signature access remains part of this request while the City Attorney pursues any necessary earlier agreement or judicial direction.
This item requests access for City-authorized reviewers; it does not request that County personnel perform the City's signature-verification operation.
4. Language, Accessibility, and Confidential-Voter Information.
Provide existing information lawfully available to the City identifying voter language preferences and applicable geographic language-assistance designations. 2 Identify any existing accessibility-related ballot-delivery requests relevant to the City election that may lawfully be shared and establish a referral procedure for applicable requests subsequently received by the County.
For voters whose infonnation is protected from disclosure , establish an authorized method for the City to fulfill ballot-issuance , voter-contact , and eligibility-verification responsibilities without exposing protected information. Where direct disclosure is prohibited, identify a lawful alternative delivery or contact procedure.
The City will arrange its own translation, accessible voting services, and production of election materials.
5. Registration and Eligibility Coordination.
Establish a procedure for communicating new registrations, registration corrections , address changes, and other eligibility information needed for the City election.
Identify how the City's authorized personnel may obtain County record verification necessary to resolve conditional registration, provisional ballot, duplicate-registration, and similar eligibility questions.
The procedure shall identify how registration and eligibility information received or processed after preparation of the City's general mailing file will be communicated to the City in sufficient time for the City to provide an eligible voter an opportunity to vote in the City election.
Establish the routing of registration documents and corrections received by the City to the County officials responsible for maintaining the registration record.
6. Separate Election Activity and Participation Records.
Establish procedures to keep the City's ballot issuance, return, and participation records distinct from records for the County-administered election.
Coordinate any necessary information exchanges so that participation in one election is not treated as participation in the other.
Identify the format and procedure for the City to transmit its final voter-participation information to the County and for the County to accept and record that information as applicable.
The coordination procedures shall also address replacement-ballot issuance and related status changes so that the City can identify superseded ballots , reconcile returns, and prevent more than one City ballot from being counted for the same voter without affecting that voter's separate participation in the County-administered election. The City and its providers will maintain the City's replacement-ballot records.
3 7. Misdirected Ballots and Election Documents.
Establish a reciprocal procedure for identifying , safeguarding, documenting , and transferring City ballots received through the County's existing mail, office, Vote Center, or drop-box operations, and County ballots received at City election locations.
The procedure shall specifically address City ballots deposited by voters in County ballot drop boxes or delivered to County Vote Centers on or before Election Day, including the frequency with which such ballots will be identified and made available for transfer to the City and the preservation of information necessary to determine timely return.
The procedure shall address preservation of envelopes , postmarks and receipt information; secure storage; notification of the appropriate election administrator; authorized pickup or delivery; transfer logs; and applicable receipt and processing deadlines.
The City will arrange authorized personnel to collect City materials from an agreed County location and deliver County materials to the designated County location.
The procedure shall also address misdirected City signature-cure statements, ballot requests, and other time-sensitive election documents.
8. Existing Precinct and Geographic Records.
Provide available Newport Beach precinct identifiers , boundary files, maps, and related existing geographic information that can assist the City in confirming the voter universe and organizing its election operation.
The City and its providers will develop any City-specific precinct consolidations or assistance location arrangements. The County is not requested to create a new consolidation plan.
Existing geographic records are requested where available; a County-created consolidation plan is not a condition of the City's other requests.
9. Secure Transfers and Limited Technical Coordination.
Identify County contacts for voter-file delivery and updates, signature access, registration questions , and ballot transfers .
Establish secure delivery or access methods and provide existing file descriptions and field definitions. Coordinate initial access testing and correction of missing or inconsistent source records.
The City's providers will perform their own system configuration, data conversion, and election administration. This request does not require the County to develop a new election-management system or custom software integration .
4 The parties shall document authorized users, permitted uses, security controls, incident reporting, and appropriate disposition or retention of records .
10. Optional Voter-Information Assistance.
This request is not necessary for the City's ability to conduct the Special Municipal Election and is expressly subordinate to the essential requests in Items 1 through 9.
If operationally acceptable to the County, permit City-funded, information-only election personnel at agreed locations associated with County Vote Centers in Newport Beach, and permit County approved factual instructions directing voters to the City election's information and assistance resources.
Location, hours, signage, access, and conduct shall be subject to County approval. These personnel would explain the separate City election and direct voters to appropriate assistance; they would not administer voting operations.
This item is optional and independently severable. Its denial should not delay consideration or delivery of the other requested items.
11. Implementation Schedule.
The City Clerk and Registrar shall promptly establish the delivery dates and operating procedures for approved items.
The initial voter and UOCA VA information must support preparation for the City's planned September 18 issuance. Signature access must be available before signature-verification work begins. Ballot-transfer procedures must be established before voters begin returning City ballots through potentially overlapping return channels.
Recurring data access and coordination shall continue as needed through the applicable ballot receipt, cure, and official canvass periods. The City requests that any inability to meet an agreed requirement be communicated promptly, together with any lawful and operationally workable alternative.
The written implementation schedule shall distinguish functions essential to lawful and timely election administration from optional assistance and identify the date each function is needed. It shall specify the frequency of voter-file updates, agreed response times for routine and time sensitive requests, and an escalation contact when a delay could affect ballot issuance, eligibility review, signature curing, or ballot transfers.
The City requests that initial voter information, confirmation of signature access, and arrangements needed for early ballot returns receive priority. The optional voter-information assistance request shall be considered separately.
5 12. Partial Availability; Independent Requests.
Each requested item and each reasonably severable component of a requested item 1s independently requested.
If the County determines that it cannot lawfully or operationally provide a requested item in the manner described, the City requests that the County provide any portion of the requested item that can be provided and promptly identify any lawful and operationally workable alternative .
The inability or lack of authority to provide one requested item or component shall not delay implementation of another requested item or component that can lawfully and operationally be provided.
Acceptance by the City of a partial or alternative service does not constitute withdrawal of any remaining request.
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