Mass mail-in vote could mean delays in the count

With a record 9.2 million ballots mailed out for today's election, California officials expect delays in deciding the outcomes of races, especially close ones.

Following a trend set in the June primary, this is predicted to be the second time more Californians vote by mail than in person at the poll. Because the signatures on every one of those paper ballots must be checked by hand against voter registration cards, that means days and possibly weeks until all votes are counted.

Matching signatures is slow work, made even slower because would-be voters' handwriting can change over time or they write their name differently from when they registered. The rejection rate for mailed in ballots in the June primary ran as high as 10% in Kern County, but statewide averaged 2%, county data collected by the Secretary of State's office show.

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"We're into accuracy, not speed, in California," Nicole Winger, deputy communications director for Secretary of State Debra Bowen, said Tuesday. "It will be a couple of weeks for any really tight races."

More than 65% of votes cast in the June primary came in through the mail or were dropped off at polls on election day. No matter what the postmark, no mailed ballots are accepted after polls close.

To meet the challenge of hand-processing more than half of today's expected 12 million votes, county election officials were allowed to begin opening and validating mailed ballots last week. They have an additional 28 days from now to complete the task and post their results to the secretary of state.

Though polls close at 8 p.m., counties are not required to post their first round of results until 10 p.m. Winger said some of the more remote of the state's 24,000 polling places need the time. For instance, ballots collected on Catalina Island are sent in by helicopter.

Voters can check to see whether their mail-in ballot was received at this state site: http://www.sos.ca.gov/elections/ballot-status/

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Photo: Ryan Ching, a clerk, loads and sorts vote-by-mail ballots into a sorting machine at the Los Angeles County Registrar's office in Norwalk. Creidt: Allen J. Schaben / Los Angeles Times

Liberatore gets recount in congressional district race

 

Phil Liberatore, the  third-place finisher in a 13-candidate congressional race, has asked for a recount of ballots cast in the June 5 primary, San Bernardino County elections officials confirmed Wednesday.

Liberatore,  a Republican accountant and anti-IRS tax crusader,  finished 240 votes behind Assemblyman Paul Cook (R-Yucca Valley) in the preliminary race for the 8^th Congressional District.  The top vote-getter was anti-illegal immigration activist Gregg  Imus, also a Republican.

Under the state’s new, voter-approved elections system, all candidates in  a race for  Congress or  the state Legislature  appear on the same ballot and only the top two finishers, regardless of any political party affiliation, can advance to the general election.

The recount will begin Friday and would take more than a week, said county Registrar of Voters Michael Scarpello.  He said Liberatore has chosen the precincts he wants reexamined first and has the option of deciding at the end of each day whether to proceed.

Liberatore must bear the $6,000-per-day cost but would have the money refunded if the recount changes the election’s outcome.

Most observers believe  Liberatore faces long odds in overcoming the deficit and getting onto the Nov. 6  ballot, especially since the margin separating Cook and Liberatore is greater than 2%.

Cook’s campaign consultant, Joe Justin,  said he has been involved in more than a dozen recounts during his 25 years in  politics and has not seen the outcomes changed in any of them.

He said Liberatore is trying “to buy” a new result because he didn’t like the election’s outcome and added that Cook will remain focused on his campaign message of creating jobs and strengthening the economy.

The Liberatore campaign  could not be reached for comment Wednesday.

The district stretches into parts of two other counties—Inyo and Mono—but most  of the  voters live in San Bernardino County.

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Victorville Democrat sues over California's 'top two' primary

A Victorville Democrat has filed a federal lawsuit (PDF) alleging that California’s new “top-two” primary system is unconstitutional.

The lawsuit filed Tuesday by Elise Brown, an African American and Democratic Party leader in San Bernardino County, said the two Republican candidates selected in the primary in her congressional district, which includes the San Bernardino County deserts and Inyo and Mono counties, “present race-hostile policy positions” and do not recognize the “right of women to control their reproductive health decisions.’’

The federal lawsuit alleges that the top-two primary system violated the Voting Rights Act of 1965 because the only two candidates she can vote for in the November election for the 8th Congressional District are Republicans. The two candidates who emerged from the June 5 primary were Republican Gregg Imus, a Lake Arrowhead home builder and anti-illegal immigration activist, and Republican Assemblyman Paul Cook of Yucca Valley.

The new primary system also violates constitutional rights that protect freedom of association and equal protection, as well as the protections against having a citizen’s voting rights denied on “account of race, color, or previous condition of servitude,” the lawsuit alleged.

“Democrats have had the right to have a party representative in the general election for Congress since California joined the Union over 160 years ago,’’ the lawsuit stated.

Brown’s attorney in the lawsuit is Robert D. Conaway, the husband of Jackie Conaway -– one of the two Democrats in the race for the 8th Congressional District. Jackie Conaway finished fourth in the field of 13 candidates, which was the largest number of congressional hopefuls in any race in California.

Chad Hanely, the campaign manager for the Imus campaign, said scrapping the state's top-two primary system would benefit Republicans across California, since there are many more contests with two Democrats facing off in the November election.

He also dismissed the lawsuit's allegation of racism, saying that allegation is trotted out all the time because of Imus' association with the Minuteman movement that patrols the Mexican border.

"When people want to go against us, all they want to do is play the race card,'' he said.

The lawsuit asks the federal court to issue a temporary restraining order that prohibits California Secretary of State Debra Bowen from certifying the election, and to restore the traditional primary system that allows the top vote-getter from each party to be on the November ballot.

The secretary of state's spokeswoman, Shannan Velayas, on Wednesday night said she had not seen the lawsuit and was not aware of its allegations.

"The secretary of state's office follows the law until a court orders otherwise,'' she said.

California voters in 2010 approved the new top-two primary system which, in races for the U.S. Senate, House of Representatives and state Legislature, sends the two candidates who collect the most votes to the November election, regardless of party affiliation.

The Cook campaign could not be reached for comment.

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Backers of Prop. 29 tobacco tax concede defeat

Proponents of the tobacco tax initiative on the June 5 ballot conceded defeat Friday after weeks of holding out hope that the measure would eke out a victory as elections officials across California tallied an estimated 1 million uncounted ballots.

“The defeat of this life-saving initiative is a genuine tragedy," said Doug Ulman, president and chief executive of the Lance Armstrong Foundation, which backed the measure known as Proposition 29. "Big Tobacco lied to voters to protect its profits and spent $50 million to ensure it can continue peddling its deadly products to California kids.

“We will not let this setback defeat us," he continued. "In a time when one in two men and one in three women will be diagnosed with cancer in our nation, we must continue fighting for new investments in cancer research and smoking cessation.”

The measure on Friday was losing by more than 27,000 votes with only 111,000 uncounted ballots remaining -- realistically too few to close the gap.

Proposition 29 would have added a $1-per-pack tax on cigarettes, and an equivalent amount on other tobacco products, to raise an estimated $860 million a year for research on tobacco-related diseases and prevention programs. The American Cancer Society and cycling champ Lance Armstrong, a cancer survivor, were among the measure’s biggest proponents, raising more than $11 million to support the ballot initiative.

Tobacco companies poured nearly $47 million into their campaign to defeat Proposition 29 and were joined by anti-tax and business groups.

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Vote on tobacco tax ballot measure narrows again

The vote count for the tobacco tax on the June 5 primary ballot narrowed even more Thursday morning as elections officials across California continue to tally the last remaining uncounted ballots.

The measure, known as Proposition 29, was losing by 15,558 votes -– or four-tenths of 1% -- a gap that has steadily tightened from 63,000 on election night.

More than 4.9 million ballots already have been counted across the state. The California secretary of state’s office estimates that, as of Wednesday evening, just over 290,000 ballots remained uncounted. Shortly after the primary, there were more than a million uncounted ballots statewide.

The uncounted ballots consist of many cast by mail, as well as provisional and damaged ones.

Proposition 29 would add a $1-per-pack tax on cigarettes to raise an estimated $860 million a year for research on tobacco-related diseases and prevention programs. The American Cancer Society and cycling champ Lance Armstrong, a cancer survivor, were among the measure’s biggest proponents, raising more than $11 million to support the ballot initiative.

Tobacco companies poured nearly $47 million into their campaign to defeat Proposition 29 and were joined by anti-tax and business groups.

-- Phil Willon

Vote remains close on Prop. 29 tobacco tax ballot initiative

The vote count for the June 5 tobacco tax ballot initiative remained tight Tuesday as elections officials across California continued tallying hundreds of thousands of uncounted ballots.

The measure, Proposition 29, was losing by 17,534 votes – or four-tenths of 1% -- a gap that narrowed from 63,000 on election night, according to the California secretary of state’s office.

More than 4.9 million ballots already have been counted across the state. The secretary of state’s office estimates that, as of Tuesday morning, just over 370,000 ballots across that state remained uncounted. Shortly after the primary, there were more than a million uncounted ballots statewide.

The uncounted ballots consist of many cast by mail, as well as provisional and damaged ones.

Proposition 29 would add a $1-per-pack tax on cigarettes to raise an estimated $860 million a year for research on tobacco-related diseases and prevention programs. The American Cancer Society and cycling champion Lance Armstrong, a cancer survivor, were among the measure’s biggest proponents, raising more than $11 million to support the ballot initiative.

Tobacco companies poured nearly $47 million into their campaign to defeat Proposition 29 and were joined by business and anti-tax groups.

-- Phil Willon

Tobacco tax vote count continues, gap almost cut in half

The vote count for the tobacco tax on last week’s primary ballot narrowed again Tuesday as elections officials across California tallied hundreds of thousands of uncounted ballots.

The measure, known as Proposition 29, was losing by just over 33,200, a gap that narrowed from 63,000 on election night, state election figures show.

More than 4.5 million ballots already have been counted across the state. The Secretary of State’s office estimates that, as of Monday evening, 777,000 ballots remain uncounted. Shortly after the primary, there were more than a million uncounted ballots statewide.

The uncounted ballots consist of many cast by mail, as well as provisional and damaged ones.

Proposition 29 would add a $1-per-pack tax on cigarettes to raise an estimated $860 million a year for research on tobacco-related diseases and prevention programs. The American Cancer Society and cycling champ Lance Armstrong, a cancer survivor, were among the measure’s biggest proponents, helping to raise more than $11 million to support the ballot initiative.

Tobacco companies poured nearly $47 million into their campaign to defeat Proposition 29 and were joined by anti-tax and business groups.

--Phil Willon

Margin on tobacco tax measure continues to narrow

The margin of loss for the tobacco tax on Tuesday’s primary ballot continued to narrow Friday as elections officials across California tallied hundreds of thousands of uncounted ballots.

Proposition 29 was losing by just over 45,000 votes Friday afternoon, compared with 53,000 votes Thursday and 63,000 on election night. On Friday morning, the margin was down to 40,000, but it bounced upward by 5,000 later in the day.

“Ballots continue to trend in our direction. We still have an awfully long way to go, but we hope that [the trend] continues to hold," said Chris Lehman, campaign manager for Yes on 29.

More than 4 million ballots have already been counted across the state. The secretary of state’s office released a partial estimate of the number of uncounted ballots Friday morning -- 972,000 -- but that did not include outstanding ballots in 12 of California’s 58 counties.

The uncounted ballots consist of many cast by mail, as well as provisional and damaged ones.

-- Phil Willon

 

Yes on 29 campaign refuses to concede on tobacco tax initiative

Proponents of the tobacco tax initiative on Tuesday’s state ballot refused to concede Thursday, saying they still hope to overcome the current 1.4% margin of defeat as elections officials across California tally an estimated 1 million uncounted ballots.

The measure, on the ballot as Proposition 29, on Thursday was losing by just over 55,000 votes as updated ballot counts continued to trickle in from county elections offices.

The Secretary of State’s office of released a partial estimate of the number of uncounted ballots as of Thursday afternoon -- 702,000 -– but that did not include estimates in more than half of California’s 58 counties.

Among those not included were Orange, Fresno, Kern, Santa Clara and San Bernardino counties. There were 176,000 ballots left to be counted in Los Angeles County, which was included in the state estimate.

Steve Smith, a political consultant for Yes on 29, said the campaign believes there are more than 1 million ballots left to be counted. Just under 4 million ballots cast in the primary election already have been tallied, state election records show.

“We’re talking about 20% of the overall vote essentially not being counted yet," Smith said. “The election almost certainly is going to get narrower."

Beth Miller, spokeswoman for No on 29, said their campaign was happy to emerge with a 63,000 vote advantage on election night.

"Nothing that we’ve seen right now would indicate there would be a big vote swing one way or another. But obviously we are watching it closely,'' she said.

The pool of uncounted ballots consists of many vote-by-mail ballots, including some that were turned in on Election Day, as well as provisional and damaged ballots. Signatures on the vote-by-mail and provisional ballots must be verified by elections workers before being counted.

So-called “provisional ballots” are given to voters when polling places do not have a record of their registration, often because a voter has moved since registering. Provisional ballots must also be checked to make sure that votes were not cast in local elections outside the jurisdiction in which the voter lived. About 80% to 85% of provisional ballots are usually deemed valid.

County elections officials have until July 6 to process those ballots and report their final results to the Secretary of State.

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Interactive map: California primary results

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Surprises shake up congressional races in the Inland Empire

One of the biggest upsets in Tuesday’s “top two” primary came in a San Bernardino County congressional race where the top Democratic candidate, Redlands Mayor Pete Aguilar, appears to have failed to collect enough votes to make it to the November runoff election, according to the preliminary ballot count.

The top two finishers were Republicans -- Rep. Gary Miller of Diamond Bar and state Sen. Bob Dutton of Rancho Cucamonga.  What makes it so surprising is that Democrats have a five-percentage-point edge in registered voters in the district, which spans from Redlands to Upland.

Democratic leaders in Washington were hoping to pick up the seat, one of a handful in California they consider critical to the party’s effort to recapture control of the U.S. House of Representatives.

INTERACTIVE MAP: California primary results

The race in the 31st Congressional District was tight: Miller nabbed 26.7% of the vote, compared to 24.9% for Dutton and 22.8% for Aguilar.

The remaining votes went to a trio of other Democrats on the ballot: Justin Kim, Rita-Ramirez-Dean and Renea Wickman. Combined, they received a quarter of the votes, siphoning support away from Aguilar, who was backed by the Democratic Party.

The Redlands mayor missed making it to November by slightly more 1,000 votes, according to the state’s preliminary election results. Some votes still need to be counted, however, including provisional and late-arriving mail-in ballots.

That congressional race was among the top targets of "super PACs" and other independent expenditure committees, which spent more than $1 million. The vast majority came from the National Realtors Assn., which backed Miller.