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Sent via email October 30, 2023 Santa Ana Mayor and City Council 22 Civic Center Plaza Santa Ana, CA 92701 Q C)IYYIYY'Y:,t(t/),f"varlet alibal.l�Y` , Re: October 30 City Council Special Meeting Concerns Over November 14 Recall Election Dear Mayor Amezcua and Members of the City Council: The ACLU Foundation of Southern California respectfully urges the City Council to take seriously the ongoing legal deficiencies with the scheduled Ward 3 November 14 recall election ("November Recall"). The City Council must also ensure that voters residing within Ward 3's pre - redistricting boundaries have an opportunity to vote in any recall election conducted prior to November 2024 related to Councilmember Jessie Lopez. To date, over 1,000 eligible voters have not received mail ballots for the November Recall, raising urgent concerns about whether elections officials will be able to timely administer the election. The Pre -Redistricting Ward 3 Lines Must be Used for Any Recall Election Involving Councilmember Lopez Councilmember Lopez was elected to represent Ward 3 in 2020, before the City Council redistricted its ward map in 2022 resulting in new Ward 3 boundary lines. Councilmember Lopez's term is set to expire following the November 2024 elections. The Elections Code is clear that post -redistricting lines cannot be used to attempt to recall Councilmember Lopez. Cal. Elec. Code § 21626 (post - redistricting lines cannot be used in "a special election to fill a vacancy or [in] a recall election."); see also id. § 21626(a) ("[t]he term of office of any councilmember ... whose term of office has not expired shall not be affected" by redistricting).' For the same reason, any petition to recall Councilmember Lopez must contain sufficient verified signatures of registered voters who reside within the pre -redistricting Ward 3 lines. Id. § 100 (only a person who is eligible to vote in the election may sign a petition for that election); id. § 11221(a) (outlining the number of required signatures from registered voters who reside in the "electoral jurisdiction" for any ward recall). Thus, there is no dispute that the petition for the November c California courts have likewise consistently interpreted state law to require that the boundary lines used to elect an official must be used to recall that official or to fill a vacancy for their unexpired term. See, e.g., Sloan v. Donoghue, 20 Cal. 2d 607, 609 (1942) (holding that, following the death of an elected official, the special election to fill the remainder of their term should be held in the district as constituted at the time of the original election); Legislature v. Reinecke, 10 Cal. 3d 396, 404-06 (1973) (holding that if vacancies in the senate occurred in districts before the next regular election, they would be filled using the pre -redistricting boundaries). EXECUTIVE IDIIII II-Ic c Im 0. Villllagra III SII II-1c)H h-IN ruled: VIl llµ CIII IF2alkr II-Ic rillig III EIMII:µIN lllfll I icYlhcwllcw Gc)c)dwIri I SI:ar7cw Slharl ILc iriwarid StI IRc)lIi is IkDaririy Callcil erg A llar7 II Jarias' IFirurl: ILaricasi r" Ilrvirig L107tcwr7stcwir7, I JaH I ILaUrle Ostrava" SII II Slhelr7lkrarurn' 1313 ut IEST IEIICII-17II-1 STIRIIET - SUIITIE 200 - ILOS AINGIC:III.IES, CA 90017 - 7 213.977.9500 - If 213.915.0220 - 100II..USOCAIL.OIRG