HomeMy WebLinkAbout2023-054 - Accepting the Certificates to Verification of Signature on Petition and Certifcate of Sufficiency for Petition to Recall Councilmember Jessie LopezRESOLUTION NO. 2023-054
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA ACCEPTING THE CERTIFICATE AS TO
VERIFICATION OF SIGNATURES ON PETITION AND
CERTIFICATE OF SUFFICIENCY FOR PETITION TO
RECALL COUNCILMEMBER JESSIE LOPEZ
WHEREAS, on February 8, 2023, the City Clerk received a copy of Notice of
Intention to Circulate Recall Petition for Jessie Lopez, Councilmember, Ward 3; and
WHEREAS, on April 7, 2023, the Petition for Recall form was determined to
meet the statutory requirements and, therefore, was approved for signature gathering;
and
WHEREAS, pursuant to Elections Code Section 11221(a)(3), the number of
signatures required on the petition to qualify and trigger a recall election must be equal
in number to not less than the following percent of registered voters in the electoral
district: twenty percent (20%) if the registration is less than 50,000 but at least 10,000;
and
WHEREAS, according to the current Secretary of State report (dated February
10, 2023) at the time the Notice of Intention was filed, W a r d 3 i n t h e C i t y o f
Santa Ana had 26,370 registered voters, and therefore, the number of verified
signatures required was 5,274 for the petition; and
WHEREAS, on June 12, 2023, the proponents of a recall election submitted the
petition with the C i ty Clerk's Office in accordance with Elections Code Sections 11220
and 1 1222 and prior to the established deadline of August 7, 2023; and
WHEREAS, after completing a prima facie review of signatures, the City Clerk
determined that the petition did, in fact, contain the minimum number of signatures,
and, thereafter, provided the petitions to the County of Orange Registrar of Voters for
examination and verification of signatures; and
WHEREAS, on July 17, 2023, the County of Orange Registrar of Voters provided
a certificate as to verification of signatures on petition for the petition to recall Council
Member Jessie Lopez, indicating the requisite number of signatures affixed to the petition,
and attached as Exhibit A; and
WHEREAS, based upon the certificate as to verification of signatures from the
County of Orange Registrar of Voters, the City Clerk issued a certificate of sufficiency for
the petition to recall Council Member Jessie Lopez attached as Exhibit B.
Resolution No. 2023-054
Page 1 of 3
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds, determines,
and declares that the City Council hereby accepts the certificate as to verification of
signatures on petition from the Orange County Registrar of Voters on the petition to
recall Jessie Lopez, Councilmember, Ward 3, and also accepts the City Clerk's
certificate of sufficiency.
Section 2. This Resolution shall take effect immediately upon its adoption by
the City Council, and the City Clerk shall attest to and certify the vote adopting this
Resolution.
ADOPTED this 15th day of August 2023.
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By: n�,1T7/ 6)n) F
LLd ra A. Rossini
Chief Assistant City Attorney
AYES: Councilmembers Amezcua Bacerra, Hernandez,
Penaloza, Phan Vazquez (6)
NOES: Councilmembers None (0)
ABSTAIN: Councilmembers Lopez (1)
NOT PRESENT: Councilmembers None (0)
Resolution No. 2020-054
Page 2 of 3
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, JENNIFER L. HALL, City Clerk, do hereby attest to and certify the attached Resolution
No. 2023-054 to be the original resolution adopted by the City Council of the City of
Santa Ana on August 15, 2023.
a
Date: a
ennifer L H I
GityCterk V
City of Santa Ana
Resolution No. 2023-054
Page 3 of 3
CERTIFICATE AS TO VERIFICATION EXHIBIT A
OF SIGNATURES ON PETITION
State of California)
)ss.
County of Orange)
I, Bob Page, Registrar of Voters of the County of Orange, do hereby
certify that I am the county officer having charge of the registration of voters in
the County of Orange, and I have examined, or caused to be examined, the
signatures contained on the initiative petition submitted to the City of Santa Ana,
entitled, 'Petition for Recall of Jessie Lopez, City Council Member, Ward 3."
I further certify that from said examination I have determined the following
facts regarding this document:
Number of signatures filed:
6617
Number of signatures required:
5,274
Number of signatures verified:
6,617
Number of signatures found valid: 55,284
Number of signatures found invalid: 1
,333
Invalid because of Duplicate: 395
WITNESS my hand and Official Seal this 17th day of July, 2023.
J
BOB PAGE
Registrar of Voters
Orange County
10111:7ti ?
CERTIFICATE OF SUFFICIENCY OF RECALL PETITION
I, Jennifer L. Hall, City Clerk for the City of Santa Ana, County of Orange, State of California, do
hereby certify:
That proponents submitted to my office on June 12, 2023 a petition to recall Jessie Lopez
holding the office of Councilmember, Ward 3 in the City of Santa Ana, California. The petition was
accepted for filing and delivered to the Orange County Registrar of Voters on June 13, 2023 to verify
the signatures.
That said petition consisted of 1,098 sections, and that each section contained signatures
purporting to be 6,582 signatures of qualified electors of the City of Santa Ana, California. The petition
is considered sufficient to qualify if signed by at least 20% of the 26,370 registered voters in Ward 3 in
the City of Santa Ana.
That attached to said petition at the time it was filed, was an affidavit purporting to be the
affidavit of the person who solicited the signatures, and containing the dates between which the
purported qualified electors signed this petition.
That the affiant stated his or her own qualification, that he or she had solicited the signatures
upon that section, that all of the signatures were made in his or her presence, and that to the best of
his or her own information and belief, each signature to that section was the genuine signature of the
person whose name it purports to be.
That the Registrar of Voters of the County of Orange has certified the results attached hereto
as Exhibit 1 and incorporated by reference the signature verification of the following facts regarding
this petition:
1. Recall sought Jessie Lopez as the named officer.
2. Holding the Office of Councilmember, Ward 3.
3. Total number of signatures required by law:
5,274
4. Total number of signatures on the petition:
6,617
5. Total number of valid signatures on the petition:
5,284
6. Number of signatures which were disqualified:
1,333
Based on this examination and in accordance with Elections Code Sections 11222, 11224, and
11227, the recall petition is hereby acknowledged as sufficient to be submitted to the voters at a
special election not less than 88, nor more than 125, days after the issuance of the order.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of
of Santa Ana this 17'h day of July, 2023.