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<br /> <br /> <br /> <br />CITY OF SANTA ANA <br />OFFICE OF THE CITY ATTORNEY <br /> <br />OPINION <br /> <br /> <br />To: Cindy Nelson, Deputy City Manager for Development Services <br /> Maria Huizar, Clerk of the Council <br /> <br />From: Joseph W. Fletcher, City Attorney <br /> <br />Date: December 28, 2010 <br /> <br />Re: Disclosure of Assessment Ballots under the Public Records Act <br /> <br />______________________________________________________________________________ <br /> <br />Brief Question: Are ballots submitted in a protest election for creation of a property- <br />based assessment district governed by provisions of the Proposition 281 Omnibus <br />Implementation Act (Gov't Code Sections 53750, et seq.) (Omnibus Act) subject to <br />disclosure under the California Public Records Act (Gov't Code Section 6250 et seq.) <br />(PRA)? <br /> <br />Brief Answer: Yes. Gov't Code Section 53753(e)(2) provides that the ballots, once <br />opened, shall "be shall be treated as disclosable public records, as defined in Section <br />6252, and equally available for inspection by the proponents and the opponents of the <br />proposed assessment." This express provision overrides the general law of privacy of <br />elections and ballots. <br /> <br />Discussion: A request for review and copying of the ballots submitted for the Downtown <br />Community Management District assessment election has been received. You have asked <br />for an opinion from this Office whether the ballot are disclosable under the California <br />Public Records Act. <br /> <br /> <br /> <br />