Although proponents acknowledge that a Shasta County ballot initiative contained unlawful voter provisions, the local government was required to include it on the ballot because a citizen group gathered enough valid signatures.
Measure B passed with a majority vote on June 2 during the primary election.
The state of California subsequently sought relief in court, naming Laura Hobbs, Deidre Holliday, Kari Chilson, Jim Burnett, and Richard Gallardo as real parties in interest.
The pleading, filed in the Court of Appeal for the Third Appellate District, seeks immediate relief by Aug. 24 and wants the court to invalidate and permanently enjoin Measure B.
Provisions in Measure B include requiring voters to present identification, prohibiting vote by mail and early voting, mandating that all ballots be counted by hand, and creating a voter registration system separate from the state.
“Although Shasta County is a charter county, the measure plainly exceeds its constitutional authority, because charter counties are not granted any degree of home rule over voter registrations or elections,” the brief states. “Second, even if the measure could otherwise fall within Shasta County’s authority, it conflicts with and is preempted by state law.”
State law prohibits local governments from imposing photo ID mandates to register or vote, guarantees flexible ballot access by requiring that a vote-by-mail ballot automatically be sent to every active registered voter, mandates that all votes be counted using a Secretary of State-certified electronic voting system, and requires that counties synchronize their records with the state’s statewide voter registration system.
If Measure B is implemented, the county would likely face severe staffing shortages and would need to recruit 375 extra staff members to conduct a hand-count for a presidential primary, according to former Shasta County Clerk and Registrar of Voters Cathy Darling Allen.
The initiative will take effect once Shasta County files the charter amendment with the Secretary of State unless halted by the court.
Without an injunction, California legal authorities say that state and county election officials won’t know which voter registration system to use in Shasta County for the November general election.
“Deadlines for the November general election are rapidly approaching, including a September 14 deadline for county election officials to report active voter registrations to the Secretary of State, a September 24 deadline for elections officials to begin mailing voter information guides, and an October 5 deadline for county election officials to begin mailing ballots to voters,” they said.