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Frank D. Russo

The California Progress Report is published by Frank D. Russo, a longtime observer of and participant in California politics.

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Good News: All Los Angeles “Double Bubble” Votes from Independents in Democratic Presidential Primary to be Counted

frankrusso-small.jpg By Frank D. Russo

This story has a happy ending for all of us who believe that each and every vote should be counted on lawful ballots where the voter’s intent can be determined.

The Los Angeles County Acting Registrar-Recorder, Dean Logan, has sent a letter to California Secretary of State Debra Bowen indicating that after having sought legal counsel on the issue and reviewed the facts, that he can count the votes for President of those independents who filled in a bubble next to the name of a Democratic presidential candidate, notwithstanding the fact that they did not fill in the bubble at the top of the ballot indicating they were voting in the Democratic primary.

The letter also indicates that there will be a review of procedures and of the controversial ballot design, which some have likened to Florida’s confusing “butterfly” ballot in the 2000 Presidential Election. Logan also thanks California Secretary of State Debra Bowen for her recommendations, guidance, and assistance.

This may affect 50,000 or so ballots from voters in Los Angeles County cast by “Decline to State” voters who are allowed to vote in the Democratic primary for President.

You can read Logan’s letter on the Courage Campaign site.

The Courage Campaign, led by Rick Jacobs of Los Angeles County, had threatened legal action to force a counting of these ballots and had promoted greater awareness for those registered to vote but not with a political party so that there would not be confusion about their ability to vote in the California Democratic Presidential Primary. This whole issue is the subject of legislation that has been introduced in the state legislature. With current votes being counted—and a requirement that all counties turn in their results to the Secretary of State for certification by next Tuesday, March 4—and the next California Presidential Primary 4 years off into the future, this is an area that should have traps removed for unwary voters so they can vote their will. There are concerns that there not be any problems with the upcoming June, 2008 state and local primary election in Los Angeles County.

Jacobs, who had just finished testifying on this issue to the Los Angeles County Board of Supervisors, was ecstatic, and said: "The Courage Campaign applauds Acting Registrar Dean Logan's solution to the 'double bubble' issue in Los Angeles County.”

He had a lot more to say: “Clearly, the winners in today's announcement are, first and foremost, the voters of Los Angeles County who can maintain their confidence in the electoral process and in knowing that their vote will be counted.

“Also, through the concerted efforts of the Courage Campaign, concerned citizens and organizations, strong Board leadership, and a Registrar willing to listen and do what it takes to ensure that every vote counts, Los Angeles County has, today, avoided the serious and demoralizing problems confronted by election jurisdictions elsewhere throughout the country.

“Mr. Logan has arrived at the solution the Courage Campaign has advocated since the day after the election. The Courage Campaign has consistently demanded that all votes be tallied so that we know how many DTS voters tried to vote for president and then that every ballot be counted where voter intent can be ascertained. Mr. Logan is using the method suggested by the Courage Campaign and many of our friends in the election protection community. We will monitor the counting to assure that it is carried out in a timely manner.

“In addition to 32,776 Courage Campaign members who signed a petition to Mr. Logan, we thank County Supervisor Zev Yaroslavsky for his leadership on this issue as well as the ever vigilant Secretary of State Debra Bowen.

“This is a complete victory for people-powered politics and a sign that the people of this state will only accept transparency in the election process.

“We look forward to working with the County, the Secretary of State and our friends in the election protection community to assure that this never happens again. Mr. Logan has promised to change the ballot design and the Courage Campaign will follow through and ensure that it is completed in time for the June primary election."

Former State Senator Art Torres, Chair of the California Democratic Party, had also asked that a way to be found to count all of these votes, saying on February 12, "The California Democratic Party is committed to ensuring that all voters who voted in the Democratic presidential primary have their votes counted. The CDP proactively requested that the Secretary of State allow decline-to-state voters to participate in the Democratic primary. We were hopeful Los Angeles County could find a way to count those votes and still hope they will. The notion that every vote counts, and that every vote should be counted, goes to the very core of our democracy. We strongly urge L.A. County to remedy this problem before the June primary election."

Only a month or so before the election, Mr. Logan took over the position as the acting head of the combined voter registrar and clerk’s office in Los Angeles, the largest county in California and home to about one-quarter of the state’s voters.

Voter turnout is noticeably lower in Los Angeles County, especially when compared with the San Francisco Bay Area where many more voters vote by mail and participation is high. Some analysts believe this to be due to the lack of promotion by the LA Registrar’s office of vote by mail balloting.

Hooray for the Democratic Party with a record turnout and votes still being counted. And hooray for the democratic process (with a small "d") and all of those who insisted the votes be counted.

Posted on February 26, 2008

Comments

At some point, Logan may whine that he has to complete
and certify the election in 28 days from the primary.
But in fact, Logan can get an extension in Superior Court
by the procedure in Elections Code section 15701:

15701. If a postelection deadline imposed by this code prevents the
proper tabulation or recounting of ballots, the county elections
official of the affected county may petition the superior court of
that county for an extension sufficient to permit the tabulation or
recounting of ballots. The court may grant the petition if it finds
that the time limitation would prevent the counting of all votes as
required by Section 2.5 of Article II of the California Constitution.

Posted by: Jerry Berkman at February 26, 2008 06:15 PM

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