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Home My WebLink About24 - Newport Beach Voter Protection; Rescission of Resolution 2018-8 Relating to SubpoenasCITY OF ?�PORr NEWPORT BEACH City Council Staff Report June 26, 2018 Agenda Item No. 24 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Dave Kiff, City Manager - 949-644-3001, dkiff@newportbeachca.gov PREPARED BY: Dave Kiff, City Manager, dkiff@newportbeachca.gov PHONE: 949-644-3001 TITLE: Newport Beach Voter Protection; Rescission of Resolution 2018-8 Relating to Subpoenas ABSTRACT: The City of Newport Beach ("City") recently concluded its investigation into alleged voter fraud associated with a recent (and unsuccessful) recall effort. The investigation was conducted under the authority provided in City Charter Section 410. The City did not uncover violations of the Newport Beach Municipal Code; however, it did discover potential violations of the California Elections Code. City staff has drafted the attached ordinance to address the potential California Elections Code violations and to strengthen the integrity of City elections. At the same time, we recommend rescinding Resolution 2018-8 relating to the issuance of subpoenas in this matter. Documents gathered during the City's investigation will be turned over to the Orange County District Attorney's Office to assist with their ongoing investigation. RECOMMENDATION: a) Determine 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 this action will not result in a physical change to the environment, directly or indirectly; b) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance No. 2018-12, An Ordinance of the City of Newport Beach, California, Adding Section 1.26.050 to Newport Beach Municipal Code Chapter 1.26 to Strengthen and Protect the Integrity of Elections Within the City of Newport Beach and pass to a second reading on July 10, 2018; 241 Newport Beach Voter Protection; Rescission of Resolution 2018-8 Relating to Subpoenas June 26, 2018 Page 2 c) Rescind Resolution No. 2018-8, which authorized the issuance of subpoenas related to an investigation of alleged voter fraud; and d) Direct City staff to turn over the documents gathered during the City's investigation of alleged voter fraud to the Orange County District Attorney for use in their on-going investigation. FUNDING REQUIREMENTS: There is no fiscal impact related to this item. DISCUSSION: On February, 13, 2018, the City Council adopted Resolution No. 2018-8, which authorized an investigation and the issuance of subpoenas under City Charter Section 410 to investigate alleged voter fraud associated with the failed recall effort. The focus of this investigation was to determine if the Newport Beach Municipal Code and/or state law had been violated, as well as to identify any steps that could be taken by the City Council to protect voters and strengthen the integrity of elections within the City. This investigation focused on the company that provided paid signature gatherers. The investigation did not involve and was not directed towards any residents or volunteers from the community. The company produced documents to the City under the penalty of perjury. Following a careful review of these documents, City staff did not identify any violations of the Newport Beach Municipal Code; however, potential violations of the California Elections Code surfaced. Specifically, it does not appear that the company provided instructions or certificates to gatherers as required by California Elections Code Sections 9607 and 9609. These sections are intended to prevent fraud and abuse during signature gathering efforts. Based upon these discoveries, City staff drafted the attached ordinance adding a requirement that signature gatherers operating within the City provide the City Clerk with copies of instructions and certificates required by California Elections Code Sections 9607, 9608, 9609, and/or 9610. This requirement places a very minimal obligation upon signature gatherers and helps the City protect voters and the integrity of the election process. At the same time, staff is recommending that Resolution 2018-8 relating to the issuance of subpoenas in this same manner be rescinded, as the issue itself has been addressed. 242 Newport Beach Voter Protection; Rescission of Resolution 2018-8 Relating to Subpoenas June 26, 2018 Page 3 ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENT: 243 ATTACHMENT A ORDINANCE NO. 2018-12 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, ADDING SECTION 1.26.050 TO NEWPORT BEACH MUNICIPAL CODE CHAPTER 1.26 TO STRENGTHEN AND PROTECT THE INTEGRITY OF ELECTIONS WITHIN THE CITY OF NEWPORT BEACH WHEREAS, on January 4, 2018, a judge serving on the Orange County Superior Court issued a sealed Search Warrant and Affidavit authorizing the Orange County District Attorney to seize recall petitions from the Orange County Registrar of Voters relating to a failed City Council recall; WHEREAS, a recall organizer and a recall proponent have stated that the Orange County District Attorney is investigating potential voter fraud used to gather signatures in support of the recall effort; WHEREAS, on February, 13, 2018, the City Council adopted Resolution No. 2018- 8, which authorized an investigation and the issuance of subpoenas under City of Newport Beach ("City") Charter Section 410 to investigate the alleged voter fraud; WHEREAS, the City Council issued a subpoena to a company named in Resolution No. 2018-8 that provided paid signature gathering efforts as part of the recall, seeking various records related to the recall signature gathering efforts, including, but not limited to, records relating to compliance with California Elections Code Sections 9607 and 9609; WHEREAS, the subpoena issued to the company served a lawful purpose as it allowed the City Council to investigate alleged voter fraud resulting from an unsuccessful recall effort, provide information and assurances to the community regarding the integrity of the City's election processes, and determine whether the City's Municipal Code could add greater protection against potential signature fraud; WHEREAS, the City has reviewed the documents supplied by the company under penalty of perjury in response to the subpoena; WHEREAS, the company's production did not include any instructions and/or certificates demonstrating compliance with California Elections Code Sections 9607 and 9609, which are intended to prevent fraud and abuse during signature gathering efforts; and WHEREAS, as a result of the City's investigation the City has identified new methods to strengthen, protect, and improve the integrity of elections within the City. NOW, THEREFORE, the City Council of the City of Newport Beach ordains as follows: Section 1: Section 1.26.050 is hereby added to Newport Beach Municipal Code Chapter 1.26 to read as follows: 24-4 Ordinance No. 2018-12 Page 2 of 3 1.26.050 Submission of Instructions and Certificates. Any person, company, candidate, or committee that is required to provide instructions and/or certificates for election activity occurring in the City of Newport Beach under California Elections Code Sections 9607, 9608, 9609, and/or 9610, or any successor sections, shall provide a copy of the instructions and/or certificates to the City Clerk within ten (10) calendar days of the date the instructions and/or certificates are submitted or distributed under the California Elections Code. Section 2: The recitals provided in this ordinance are true and correct and are incorporated into the operative part of this ordinance. Section 3: If any section, subsection, sentence, clause or phrase of this ordinance 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 ordinance. The City Council hereby declares that it would have passed this ordinance, 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 4: The City Council finds the adoption of this ordinance is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Section 5: The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. The City Clerk shall cause this ordinance, or a summary thereof, to be published pursuant to City Charter Section 414. This ordinance shall be effective thirty (30) calendar days after its adoption. /// /// 24-5 Ordinance No. 2018-12 Page 3 of 3 This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach, held on the day of , 2018, and adopted on the day of , 20181 by the following vote to -wit: AYES, COUNCILMEMBERS NOES, COUNCILMEMBERS ABSENT COUNCILMEMBERS MAYOR ATTEST: MARSHALL "DUFFY" DUFFIELD LEI LAN 11. BROWN, CITY CLERK APPROVED AS TO FORM: CITY ATT Y'S OFFICE AARON C. HARP. CITY ATTORNEY 24-6