September 17, 2026
Agenda Item No. 01
TO:
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM:
Lena Shumway, City Clerk
PREPARED BY:
Lena Shumway, City Clerk
TITLE:
Status Update Regarding the November 3, 2026, Special Municipal Election for the Consideration by the Voters of the Public Meetings, Public Records, Oversight, and Enforcement Initiative; the Lifetime City Council Term Limits Initiative; and the District-Only Voting Initiative; as well as Providing Direction to Staff Regarding Election Contracts, Vendors, Ballot Production and Mailing, and Other Election Activities ABSTRACT:
At the September 17, 2026, Special Meeting, the City Council will receive a status update regarding the November 3, 2026, Special Municipal Election, for consideration by the voters of the Public Meetings, Public Records, Oversight, and Enforcement Initiative; the Lifetime City Council Term Limits Initiative; and the District-Only Voting Initiative including the City’s efforts to obtain assistance from the County of Orange and Orange County Registrar of Voters, communications with the California Secretary of State’s Office, the status of implementation of a standalone City-administered election, and the City’s dependence on third-party information, access, coordination, and services.
The City Council will also consider providing direction to City staff regarding the administration and implementation of the Special Municipal Election, including possibly directing City staff to take actions related to existing contracts and vendors, ballot production and distribution, and other election-related activities associated with the November 3, 2026, Special Municipal Election.
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) Receive and file this status update regarding the November 3, 2026, Special Municipal Election; and c) Provide direction to the City Manager, City Clerk, City Attorney, and other City staff regarding the administration and implementation of the November 3, 2026, Special Municipal Election, including, but not limited to, providing direction concerning the continued performance, modification, or cessation of agreements, consultant and vendor services, ballot production and mailing, and other activities related to the November 3, 2026, Special Municipal Election.
DISCUSSION:
Background
On August 27, 2026, following the receipt of a Superior Court Minute Order directing immediate steps to place the Public Meetings, Public Records, Oversight, and Enforcement Initiative; the Lifetime City Council Term Limits Initiative; and the District-Only Voting Initiative (“Three Initiatives”), on the November 3 ballot, the City transmitted election materials to County Counsel, the Orange County Registrar of Voters (“Registrar”), and the Clerk of the Board requesting that the County identify any additional materials or actions required from the City.
On August 28, the County responded that consolidation with the November 3 statewide election was untimely under Elections Code section 10403, and that adding the measures at that stage would substantially interfere with administration of the statewide election. The County also identified Elections Code section 10002 and approval by the Board of Supervisors as a possible means of obtaining specified County election services.
On September 2, 2026, the Orange County Superior Court issued a peremptory writ of mandate (“Writ”) directing the City, City Council, City Attorney and City Clerk to take all steps necessary to hold an election on the Three initiatives on November 3, 2026, either through consolidation with the County-administered election or through direct City administration. The City sought appellate relief, including a stay. The Court of Appeal denied the request for a stay on September 9, 2026. The Writ therefore remains in effect unless and until it is stayed, modified, or set aside by a court with jurisdiction.
Both prior to and after issuance of the Writ, City staff pursued potential paths identified by the Court. Specifically, City staff continued communications with the County regarding consolidation and County assistance while also investigating and developing a potential standalone City-administered election. The City Clerk and the City’s election consultant identified vendors and operational components for ballot production and mailing, voter and ballot management, voting equipment, processing, tabulation, staffing, security, military and overseas voters, and related election functions. The City also sought County-controlled voter-registration, UOCAVA, precinct, GIS, signature, and update information.
September 11, 2026, City Council Actions and Implementation Status At a Special Meeting on September 11, 2026, the City Council adopted resolutions calling a separate Special Municipal Election for November 3, 2026, for the Three Initiatives and requesting specified County assistance. The Council also authorized staff to enter into agreements and take other actions necessary to conduct the standalone election. In reliance on that authority, the City entered into a professional services agreement with an election consultant for comprehensive election-administration and coordination services and proceeded with other vendor and implementation work.
The election-consultant agreement contemplated a comprehensive scope that included an implementation calendar, election providers, voter records, military and overseas voter ballot issuance, ballot and voter-information production, voter assistance, ballot receipt and security, signature verification and cure, voting equipment and testing, tabulation, canvass, and election closeout. Because election deadlines were imminent, the implementation plan contemplated military and overseas ballot issuance beginning September 18, 2026.
Status of Request for County Assistance
The City transmitted Resolution No. 2026-83 to the Registrar on September 11, 2026. The resolution requested specified election records, information, access, services, and coordination under Elections Code section 10002 while providing that the City would remain responsible for the administration of the separate City election.
Later that day, the Registrar responded that the City’s request was made during an exceptionally compressed period in which the County was already administering the statewide General Election. The Registrar stated that the earliest date on which the request could hypothetically be presented to the Orange County Board of Supervisors was September 29, 2026, and that the Registrar would not recommend authorization of the broad range of services requested. The Registrar identified operational concerns including separate voter-participation records, misdirected ballots, secure data transfers, voter confusion, and interference with the County’s administration of the statewide election.
On September 15, 2026, the City asked County Counsel whether the Request for Assistance would be presented to the Board of Supervisors on September 29. As of the preparation of this report, the County has not agreed to place on the agenda for September 29 or provided the City Clerk with a clear path that would permit the requested County assistance to be obtained in time to support the standalone November 3 election.
Registrar’s September Public Statements
In addition to the Registrar’s formal September 11 letter, the Registrar publicly addressed the City’s request in a LinkedIn post later that day. The Registrar stated that the request came 53 days before the November 3 election, approximately one week before the deadline for issuance of ballots to military and overseas voters, and approximately three weeks before the period for mailing ballots to active voters. He also stated that the Registrar had already begun issuing and producing materials for the statewide General Election, including ballots for Newport Beach voters. The Registrar described Resolution No. 2026-83 as the first request he was aware of from a city or district for separate election services while the Registrar was simultaneously administering a regular statewide election. He publicly explained that he could not support providing the requested services because, in his view, doing so would disrupt administration of the statewide election and likely confuse Newport Beach voters, including a risk that voters could place a ballot in the wrong return envelope and thereby create a potential disenfranchisement issue. The public statement was consistent with the operational concerns expressed in the Registrar’s formal September 11 response to the City.
The Orange County Registrar made similar statements at the Board of Supervisors meeting on September 15, 2026, when he was asked questions about the City’s Request for Assistance.
Potential Voter Confusion and Disenfranchisement
As noted above, the Orange County Registrar of Voters has expressed concern that voters would receive separate election materials and ballots for the County-administered statewide election and the City-administered Special Municipal Election. The Registrar has stated that this could create voter confusion, including the possibility that a voter could place a ballot in the wrong return envelope, potentially resulting in the ballot not being processed or counted as intended.
To address this issue, the City advised the County that it intended to use separate ballots, election materials, and procedures; provide clear voter communications distinguishing the two elections; and coordinate procedures addressing misdirected ballots and other potential areas of voter confusion. The County has not responded to these assurances.
Dependence on Third-Party Assistance
The City cannot complete all functions necessary to conduct the contemplated standalone election using City resources alone. Certain information, records, access, coordination, and election services are controlled by third parties. In particular, the City has identified a need for County-controlled voter registration information and updates, precinct and GIS information, and, most importantly, lawful, secure access to the voter-signature information necessary to verify returned vote-by-mail ballots and administer applicable signature-cure procedures. The City has also sought County coordination concerning misdirected ballots and other operational issues created by conducting two elections for the same voters on the same date.
Although City staff, consultants, and vendors have worked to assemble the portions of a standalone election that are within the City's control, those efforts do not eliminate the City's dependence on information, access, approvals, cooperation, and services that only other governmental entities or third parties can provide.
As of the preparation of this report, the City does not have a commitment from the Orange County Registrar of Voters or the County of Orange to provide the full range of assistance requested in Resolution No. 2026-83. The Registrar has stated that September 29 is the earliest date on which the City's request could hypothetically be presented to the Board of Supervisors and that he would not recommend authorization of the broad range of requested services. The City has asked the County whether the request will be presented on September 29 and what amendments, narrowing, assurances, or other action would be necessary to obtain County consideration, but no commitment to provide the necessary assistance has been received.
Accordingly, the present difficulty is not simply whether the City is willing to undertake the work necessary to conduct the election. The City has undertaken substantial implementation efforts. The more fundamental issue is whether the City can obtain, in the time remaining, the third-party information, access, approvals, coordination, and services necessary to perform election functions that the City cannot perform independently. The absence of commitment and statements made by those third parties creates substantial uncertainty related thereto.
Communications with the California Secretary of State’s Office City staff also communicated with the Chief Counsel for the California Secretary of State concerning the legal and operational requirements for conducting the November 3 election. The Chief Counsel advised the City that, when a municipal measure election is held on the same date as a statewide election, consolidation with the statewide election is mandatory. The Chief Counsel further advised that the State does not possess and will not provide the City access to the confidential voter-signature records needed for the City to perform signature verification of returned ballots.
This information materially affects the standalone-election path contemplated on September 11. The City had identified lawful, secure access to voter signature records as a critical County dependency because the City must be able to verify signatures on returned vote-by-mail ballots and administer applicable signature-cure procedures. Without access to qualifying signature records, the City cannot perform a fundamental component of vote-by-mail ballot processing in the manner contemplated by the September 11 standalone-election plan.
Recommendation of the City Clerk and City Attorney
The City Clerk and City Attorney recommend that the City and City Council continue to comply with the September 2, 2026, Writ and take all reasonably available steps to comply with the Court’s order for so long as the Writ remains in effect. The Writ remains a valid and binding court order unless and until it is stayed, modified, or set aside by a court with jurisdiction. The City may preserve and pursue available appellate or other judicial remedies and may present changed facts and legal or operational issues to the Court. Staff recommends that any direction provided by the City Council concerning election administration, contracts, vendors, ballots, or other implementation activities be consistent with applicable state law and existing court orders.
FISCAL IMPACT:
The City has incurred costs and contractual obligations associated with implementation of the November 3 standalone election. Future costs will depend on the direction provided by the City Council, the status of existing vendor work and commitments, and the extent to which additional election services, materials, or activities are required. Staff will administer contracts and expenditures in accordance with Council direction, applicable contractual requirements, state law, and existing court orders.
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 it 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.
NOTICING:
The agenda item has been noticed in accordance with the Ralph M. Brown Act.
ATTACHMENTS:
Attachment A – September 2, 2026, Writ of Mandate
Attachment B – September 11, 2026, Registrar of Voters Response to Resolution No. 2026-83 November 3, 2026, Special Municipal Election Status Update Page 2
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