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Santa Ana City Council
<br />October 30, 2023 Page 2
<br />Recall was improperly verified, that all voters who live in pre -redistricting Ward 3 must be allowed to
<br />vote in any Ward 3 recall election held before November 2024, and that individuals who live outside the
<br />boundaries of pre -redistricting Ward 3 are not entitled to vote in any Ward 3 recall election held before
<br />November 2024, including the November Recall. Importantly, preventing eligible voters from casting a
<br />ballot, allowing ineligible voters to cast a ballot, and making errors sufficient to change the outcome of an
<br />election are independent grounds for invalidating election results. Id. §§ 16100(d)-(f).
<br />The City Council Must Ensure that Voters are Not Disenfranchised
<br />On October 15, the Registrar of Voters sent out mail ballots and voter information guides
<br />("VIGs") for the November Recall to all voters who reside within the post -redistricting Ward 3 lines,
<br />including 357 voters who do not qualify to vote in the recall.' Especially concerning is the fact that 1,186
<br />voters who reside within the pre -redistricting Ward 3 lines have not received mail ballots or VIGs,' in
<br />violation of Section 4005(a)(8) of the Elections Code. It is unclear if elections officials have the capacity
<br />to print and mail ballots as soon as possible to those voters who have not yet received ballots and how
<br />officials will work to reach these voters and ensure that they are aware of the election and have accessible
<br />voting options. The City Council must thus consider not just whether to move forward with the November
<br />Recall due to the legal deficiencies with the scheduling of the recall, but whether moving forward would
<br />disenfranchise up to 1,186 voters.
<br />We urge the City Council to focus tonight's decision on ensuring that voters are not
<br />disenfranchised and protecting the integrity of elections. Should you have any questions, please do not
<br />hesitate to contact me atj, onrez(ar)aclt� oca].org.
<br />Sincerely,
<br />Julia A. Gomez
<br />Senior Staff Attorney
<br />Cc: Valerie Amezcua, Mayor, varrY,ctu(i�r;;;;,r,c�
<br />Jessie Lopez, Mayor Pro Tem (,,sielo x,,z &sari a���aria.or ,
<br />Thai Viet Phan, Councilmember, ��irx�(er),arr�aarra.or;
<br />Benjamin Vazquez, Councilmember, bvazcltp,,e z(y),sari a aria.or ;
<br />Phil Bacerra, Councilmember, i l)ac(,,,rpa ai)„ arrta aria.or ,,
<br />Jonathan Ryan Hernandez, Councilmember, kygjj. !.-
<br />David Penaloza, Councilmember, djr�a1o(ir)arr�a ar�a.or'
<br />Sonia R. Carvalho, City Attorney, carvali o..(ir)santa ana.or ;
<br />'See City of Santa Ana Special Recall Election Calendar Nov. 14, 2023, at 1,
<br />hur �://a�cya>tc w/:ilk /deli lu/irlc / hcura»�/2Q12� sn, E,C 1 2Q12 ,/C;tr ®/�2uDa�f/�2u;1"d rat ®/�2uD�rn ®/�2uD ec. 11®/2uDlsicctio
<br />iM2,0 d1ei �dr%2o1p,,. 14 2 3....QD l afli; Oct. 26, 2023 Letter from Orange County Registrar of Voters Bob Page to Santa Ana
<br />City Clerk Jennifer L. Hall re Nov. 14 Recall Election at 1, 3 ("Oct. 26 Letter') hrt�s://^�ar�tra-
<br />sn ::2100 c t )e 2.
<br />s ,See October 26 Letter at 1, 3.
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