September 11, 2026
Agenda Item No. 1
TO:
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM:
Lena Shumway, City Clerk - 949-644-3005, [email protected] PREPARED BY:
Lena Shumway, City Clerk
TITLE:
Confirmation of the Acceptance of the Certification of the Orange County Registrar of Voters Regarding the Verification of Signatures for the Public Meetings, Public Records, Oversight, and Enforcement Initiative; the Lifetime City Council Term Limits Initiative; and the District-Only Voting Initiative; and Calling a Special Municipal Election for the Consideration of the Three Initiatives by the Voters for November 3, 2026.
ABSTRACT:
The Newport Beach Stewardship Association (“NBSA”) has submitted three initiative petitions proposing amendments to the City of Newport Beach Charter including the: (1) Public Meetings, Public Records, Oversight, and Enforcement Initiative; (2) Lifetime City Council Term Limits Initiative; and (3) District-Only Voting Initiative. Pursuant to orders of the Orange County Superior Court, the petitions were transmitted to the Orange County Registrar of Voters for signature verification. The Registrar has completed that process and certified the results to the City.
On September 2, 2026, the Court issued a writ directing the City to consolidate the consideration of the Three Initiatives with the County-election on November 3, 2026, or call a standalone election for November 3, 2026. The City Council is requested to confirm its acceptance of the Registrar of Voters’ certifications and call the election for Tuesday, November 3, 2026, direct the City Attorney to prepare an impartial analysis, set the deadline and procedures for submitting arguments for and against the Three Initiatives, and request election services from the County of Orange.
RECOMMENDATIONS:
a) Determine that this action is exempt from the California Environmental Quality Act (“CEQA”) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because the action will not result in a direct or reasonably foreseeable indirect physical change in the environment and is not a project as defined in Section 15378 of the CEQA Guidelines; and b) Confirm the City Council’s previous acceptance of the certifications of the Orange County Registrar of Voters regarding the verification of signatures for the Public Meetings, Public Records, Oversight, and Enforcement Initiative; Lifetime City Council Term Limits Initiative; and District-Only Voting Initiative; and c) By motion, decide whether to submit an argument against each of the Three Initiatives (pursuant to Elections Code Section 9282) and, if submitting such an argument against any of the Three Initiatives, designate up to three Councilmembers to author the argument; and e) Adopt the following Resolutions: Resolutions 2026-77 through 2026-83 of the City Council of the City of Newport Beach, California, Calling for and Giving Notice of a Special Municipal Election to be held on November 3, 2026 to Submit to the Voters Initiative Measures Proposing to Amend the City Charter to add/modify City Charter provisions related to: (1) Public Meetings, Public Records, Oversight, and Enforcement; ( 2) City Council Member Term Limits; and (3) Council Members Being Elected Only by Voters Residing within the District the Council Member Represents; and a Resolution Requesting the Orange County Board of Supervisors Authorize the County Elections Official to Render Services Relating to the Conduct of a Special Municipal Election, as well the Accompanying Resolutions Directing the City Attorney to Prepare Impartial Analysis of the Initiative Measures to Be Submitted to the Voters at the Special Municipal Election to be Held on November 3, 2026, and Establishing the Deadline for the Filing of the Impartial Analysis and Written Arguments For and Against the Initiative Measures; and f) Authorize the City Manager, City Clerk and City Attorney to enter into any and all agreements, execute any documents and take any action necessary to conduct the Special Municipal Election on November 3, 2026, without the need to comply with any City Council Policy or any City Council adopted Resolution; and g) Authorize City staff to prepare and execute a budget amendment, as needed, to appropriate sufficient funds to cover election and administrative costs associated with the Special Municipal Election.
DISCUSSION:
Background
Three City Charter initiative measures have qualified for submission to the voters of the City of Newport Beach and are the subject of litigation concerning, among other things, the election at which the measures are required to be submitted.
On September 2, 2026, the Orange County Superior Court issued a peremptory writ of mandate (“Writ”) directing the City to take all steps necessary to conduct an election on the three initiative measures on November 3, 2026, whether conducted directly by the City or through a consolidated election process.
The City sought appellate relief from the Writ, including a stay. On September 9, 2026, the Court of Appeal denied the City’s request for a stay. The Writ therefore presently remains in effect.
Because of the timing of the Writ, the status of the November 3, 2026, election already being administered by the Orange County Registrar of Voters (“Registrar”), and the deadlines and procedures applicable to consolidation, the City cannot presently accomplish submission of the three measures through consolidation with the County-administered November 3 election.
Accordingly, in an effort to comply with the Writ, staff recommends that the City Council take the actions presently within the City’s control to establish and administer a separate, standalone Special Municipal Election on November 3, 2026.
The proposed actions do not constitute a concession by the City that the timing or procedures necessary to implement the Writ comply with every requirement that the City believes would otherwise apply under the California Elections Code, City Charter, or other applicable law. The proposed election resolution expressly reserves the City’s objections, claims, defenses, appellate rights, and other legal positions.
Standalone City-Administered Special Municipal Election The proposed election resolution calls a separate Special Municipal Election for November 3, 2026, for the purpose of submitting the three City Charter initiative measures to the City’s qualified voters.
The City Clerk will serve as the City’s elections official and will administer the election with the assistance of qualified election consultants, vendors, temporary election personnel, and other authorized personnel.
The Special Municipal Election will be separate and distinct from the County-administered November 3, 2026, election. The only matters appearing on the City’s ballot will be the three City initiative measures.
The City does not propose to consolidate the Special Municipal Election with the County election or request that the County assume general responsibility for administering the City election. The City will provide or arrange for the election operating personnel, ballot production, mailing, voting systems and equipment, ballot processing, tabulation, canvass, and general administration necessary to conduct the City election.
The City’s election consultant has advised that the November 3 election remains operationally feasible using a separate City-administered election model if immediate implementation work proceeds and the City obtains necessary voter information, lawful signature-record access, and other County-controlled information and coordination.
Election Administration and Mail-Ballot Model
Because of the exceptionally compressed period available to establish and conduct the Special Municipal Election, the City presently intends to use a mail-ballot model under which ballots and required voting materials will be issued to eligible City voters.
The City does not presently intend to establish traditional precinct polling places for the Special Municipal Election. The proposed election resolution, however, authorizes the City Clerk to establish voter-assistance, accessible-voting, ballot-return, replacement-ballot, and other in-person election services or facilities determined necessary or appropriate to provide eligible voters a reasonable opportunity to vote and to comply with applicable legal requirements and any further court order.
The City will separately establish ballot identification, voter instructions, ballot-return procedures, voter-information resources, accessible-voting services, and public communications designed to distinguish the City's election from the County-administered election and reduce voter confusion.
The proposed election resolution also authorizes the City Clerk to establish procedures concerning voter eligibility and registration information; military and overseas voters; ballot preparation, issuance and replacement; ballot receipt and custody; accessible voting and language assistance; signature verification and cure; ballot processing and reconciliation; security and chain of custody; election equipment and testing; tabulation; canvass; and certification.
Because the election is being established on an unusually compressed schedule in response to the Writ, the City may encounter deadlines, procedures, or other election requirements that cannot reasonably be reconciled with the Writ or accomplished within the available time. The proposed resolution directs compliance with otherwise applicable election requirements to the extent reasonably practicable and not inconsistent with the Writ or any further court order and authorizes the City Attorney to seek further judicial direction where necessary.
Immediate Election Operations
Immediate commencement and continuous performance of election work are necessary to preserve the City's ability to conduct the November 3 election.
The election consultant has identified ProVote, Hart InterCivic, and Whittier/GEM as the principal service providers necessary for implementation.
ProVote is anticipated to provide ballot and voter-information-material production and mailing services. Hart InterCivic is anticipated to provide ballot programming, voting systems and equipment, testing, tabulation, and related technical support. Whittier/GEM is anticipated to provide voter-file setup, ballot-management functions, and military and overseas voter support.
The City Clerk will remain the elections official and retain the supervision and authority required of that office. The City's election consultant will coordinate the operational work of the selection vendors and personnel within the authority granted by the City.
Request for Specified County Election Services
Although the City intends to administer its election separately, the City does not independently maintain all of the records and information necessary to conduct the Special Municipal Election.
California Elections Code Section 10002 provides a process through which a city’s governing body may request that the county board of supervisors permit the county elections official to render specified services relating to the conduct of an election.
For that reason, staff recommends adoption of a separate resolution requesting specified County election records, information, services, access, and coordination. The services are individually identified in Exhibit “A” to that resolution.
The request is deliberately limited. The City is not asking the County to design, print or mail the City ballot, operate City voting equipment, process or tabulate City ballots, canvass the City election, or assume general responsibility for conducting the Special Municipal Election.
Instead, the principal County requests involve records, information, access, and coordination that are maintained or controlled by the County and Registrar and are needed by the City to perform its own election functions.
Voter Registration Information and Continuing Updates
The City requires a current Newport Beach voter-registration file and continuing updates to identify eligible voters, determine registration status, issue ballots, contact voters, and reconcile election records.
The requested information includes available residence and mailing addresses, precinct identifiers, registration and address changes, cancellations, and other relevant voter-status changes.
The requested update process will extend beyond the initial voter file and general mailing file so that voters who subsequently become eligible to participate in the City election can be identified and provided an opportunity to vote.
The City also requests procedures for resolving registration corrections, address changes, conditional registration, provisional voting, duplicate-registration issues, and other eligibility questions.
These requests are necessary because the City's election will be administered separately while the County remains responsible for maintaining the underlying voter-registration records.
Military and Overseas Voters
The City requires military and overseas voter information maintained by the County for Newport Beach voters, including applicable UOCAVA status, ballot-delivery preferences, and available delivery information.
Because the City anticipates initial military and overseas ballot issuance on September 18, the City is requesting initial delivery sufficiently in advance to allow the City and its providers to validate the information and prepare ballots for issuance.
The City also requires a continuing method for receiving subsequent requests, status changes, and delivery-information updates.
Signature-Record Access
Lawful and operational access to voter signature records is one of the most significant County dependencies.
The City must perform signature verification and cure review for returned City ballots. A voter-registration data file alone does not provide the signature exemplars necessary to perform that function.
The County-services resolution therefore requests a legally permissible and secure means for City-authorized election personnel to access qualifying signatures within voter-registration records, including relevant prior registration records and other qualifying signed election forms, together with subsequent updates necessary during ballot processing and canvass.
The City is requesting access for City-authorized reviewers; it is not requesting that County personnel perform the City's signature-verification operation.
The requested arrangement must also be sufficient to support the signature-cure process and remain operational throughout the applicable ballot-processing and canvass periods.
Separate Election Records and Misdirected Ballots
Because the City and County will be conducting separate elections involving the same City electorate on the same date, coordination is necessary to ensure that activity in one election is not treated as activity in the other.
The City therefore requests coordination concerning City ballot issuance, returns, voter participation, replacement and superseded ballots, and transmission of final voter-participation information.
The City also requests a reciprocal procedure for ballots and election documents delivered to the wrong election administrator.
In particular, the requested procedure will address City ballots deposited in County ballot drop boxes or delivered to County Vote Centers, as well as County ballots inadvertently returned to City election locations. The procedures must preserve envelopes, postmarks and other receipt information, ballot security, chain of custody, transfer documentation, and information necessary to determine timely return.
The request also includes misdirected signature-cure statements, ballot requests, and other time-sensitive election documents. The current County Services proposal already identifies the need for reciprocal safeguarding and transfer of such materials.
Other County Coordination
The County Services resolution also requests limited information and coordination concerning:
language preferences, accessibility-related ballot-delivery requests, and confidential or protected voters; existing precinct and geographic records;
secure data-transfer methods, file descriptions and field definitions; correction of missing or inconsistent source records;
authorized-user, security, incident-reporting, and record-retention procedures; and County operational contacts and escalation procedures.
The City will perform its own translation, accessible-voting services, election-material production, system configuration, data conversion, and general election administration.
Optional Voter-Information Assistance
As a separate and expressly optional request, the City will ask whether the County will 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 City election information and assistance.
This assistance is not necessary to the City's ability to conduct the Special Municipal Election, and denial of the request should not delay consideration or implementation of the essential County requests.
The City will independently provide its own voter-information and assistance resources.
Independent Rights to Voter Records
The City's request for discretionary services under Elections Code Section 10002 does not replace or condition the City Clerk's ability to request and obtain voter-registration records, updates, or other information independently available to the City under applicable law.
The proposed County Services resolution therefore directs the City Clerk to continue pursuing such information independently and provides that the City's access to independently available records is not conditioned upon Board of Supervisors’ approval of the discretionary services requested under Section 10002.
This distinction is important given the election schedule and the possibility that some records or arrangements may be available under existing authority before the Board of Supervisors considers the City's complete request.
Timing and County Response
The County Services resolution requests consideration at the earliest lawful opportunity and asks the County and Registrar to identify any records, information, access, or arrangements that can be provided before formal Board action.
For each requested service, the City seeks a written response identifying whether the item can be provided, the implementation or delivery date, applicable conditions or charges, and any lawful and operationally workable alternative if the requested method cannot be accommodated.
Each requested item, and each reasonably severable component of an item, is independently requested. The inability to provide one service should not delay another service that can lawfully and operationally be provided.
Priority will be given to the initial voter-registration information, military and overseas voter information, confirmation and testing of lawful signature-record access, and arrangements necessary to address early ballot returns.
Further Court Direction
The City is proceeding with actions presently within its control in an effort to comply with the Writ. However, the compressed schedule, proposed standalone election structure, otherwise applicable election requirements, and dependence upon certain County-controlled records and information may produce issues that cannot be resolved administratively. Based thereon, the City Attorney may need to seek further clarification, direction, modification, or other appropriate relief from the Court.
The proposed election resolution expressly authorizes the City Attorney to seek such relief.
Operational Items
Upon Council approval, implementation will proceed immediately. Responsibility will be allocated as follows:
City Clerk/City: The City Clerk will remain the elections official and will supervise the Special Municipal Election. City staff will immediately transmit the County-services resolution and Exhibit “A,” pursue independently available voter records, obtain necessary City-controlled facilities and resources, establish mail and ballot-security arrangements, and exercise the approvals required of the City's elections official.
Election Consultant: An election consultant will coordinate the election implementation plan and the selection vendors; establish and maintain the critical election schedule; coordinate ballot production and issuance, including military and overseas voters; develop staffing and training; establish signature-verification and cure procedures; establish ballot-processing, security and chain-of-custody procedures; coordinate accessible-voting and voter-assistance operations; and identify and immediately escalate any unresolved dependency that threatens an election deadline.
Election Vendors: ProVote, Hart InterCivic, Whittier/GEM, and other approved providers will perform their respective ballot-production, mailing, voter-data, ballot-management, voting-system, equipment, programming, testing, tabulation, and technical-support functions in accordance with an approved implementation schedule.
City Manager/Administrative Staff: The City Manager and appropriate staff will complete authorized contracting and purchasing actions, provide necessary facilities and City resources, address insurance, indemnity and vendor-payment requirements, and facilitate the immediate administrative support necessary for the election operation.
City Attorney: The City Attorney will coordinate with County Counsel regarding the County-services request and County-controlled election information; address legal issues arising during implementation; and seek further judicial clarification, direction, modification, or relief where necessary.
FISCAL IMPACT:
Conducting a separate City-administered election will result in significant costs. At this point, City staff estimates that the election will cost between $1 million and $1.5 million.
Because several provider costs and County service requirements remain subject to final implementation, the total cost of the standalone election cannot yet be determined. As part of the action items, the City Clerk is asking for authority for City staff to prepare and execute a budget amendment, as needed, to appropriate sufficient funds to cover election and administrative costs associated with the Special Municipal Election.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find that this action is not subject to CEQA pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because accepting the Registrar of Voters’ certifications and taking related procedural election actions will not result in a direct or reasonably foreseeable indirect physical change in the environment and do not constitute a project as defined in Section 15378 of the CEQA Guidelines.
NOTICING:
The agenda item has been noticed in accordance with the Ralph M. Brown Act.
ATTACHMENTS:
Attachment A – Resolution 2026-77 Calling Election for the Measure (Term Limits) Attachment B – Resolution 2026-78 Directing City Attorney to Prepare Impartial Analysis for Measure (Term Limits) Attachment C – Resolution 2026- 79 Calling Election for Measure (District Elections) Attachment D – Resolution 2026-80 Directing City Attorney to Prepare Impartial Analysis (District Elections) Attachment E – Resolution 2026-81 Calling Election for Measure (Public Meetings) Attachment F – Resolution 2026-82 Directing City Attorney to Prepare Impartial Analysis (Public Meetings) Attachment G – Resolution 2026-83 Requesting County Services Confirmation of the Certification of Results and Calling the Election for Three Citizen-Sponsored Charter Amendment Initiative Petitions Page 3
CITY OF CITY OF
CITY OF
CITY OF
City Council Staff Report COUNCIL STAFF REPORT City Council Staff Report COUNCIL STAFF REPORT NEWPORT BEACH NEWPORT BEACH City Council Staff Report COUNCIL STAFF REPORT
City Council Staff Report COUNCIL STAFF REPORT
NEWPORT BEACH
NEWPORT BEACH