HomeMy WebLinkAbout20-042RESOLUTION OF THE BUTTE COUNTY BOARD OF SUPERVISORS RECOMMENDING MODIFICATION
OF VOTING PROCEDURES FOR THE PRESIDENTIAL GENERAL ELECTION ON NOVEMBER 3, 2020,
DUE TO THE COVID-19 NATIONAL EMERGENCY
WHEREAS, the COVID-19 pandemic has created a national emergency and exceptional circumstances; and
WHEREAS, the State of California and hundreds or local governments across the state have also declared states
of emergency, imposed or recommended social distancing, and taken other significant steps to reduce the transmission
rates of COVID-19; and
WHEREAS, state law requires the Presidential General Election to be held on November 3, 2020; and
WHEREAS, state law currently requires that this election be conducted using in-person voting at polling
locations or vote centers throughout the county; and
WHEREAS, in-person voting involves the congregation of people at various polling or vote center locations and
the use of shared voting equipment; and
WHEREAS, in-person voting risks undermining social distancing measures imposed by the State Public Health
Officer and local public health officials, as well as other aspects of the response to COVID-19, which are designed to
protect public health and safety; and
WHEREAS, it is generally anticipated that a vaccination for COVID-19 will not be widely available on or before
November 3, 2020; and
WHEREAS, at the foundation of the Constitution of the State of California and the Constitution of the United
States of America our elections must be accessible, secure and safe; and
WHEREAS, COVID-19 and the response thereto may impair the ability of state and local officials, including
county election officials and the Secretary of State, and the volunteers supporting them, to meet statutory deadlines
associates with ballot counting, tabulation and other responsibilities related to the official canvass, including
certification of the canvass, audits and/or manual tallies of election results and reporting of the official canvass results;
and
WHEREAS, the County requires a prompt and timely decision on the conduct of the November 3, 2020 because
preparations and purchases for the Presidential General Election are currently underway; and
NOW, THEREFORE, BE IT RESOLVED that the Butte County Board of Supervisors hereby recommends that the
Governor use the authority vested in him by the State Constitution and statutes of the State of California, and in particular,
Government Code sections 8567 and 8571, to issue an executive order in substantially the form set forth in Exhibit A,
which directs county elections officials responsible for conducting the Presidential General Election on November 3, 2020,
to conduct an all -mail ballot election; and
BE IT FURTHER RESOLVED that an exception to the all -mail ballot election should be permitted under the
executive order toaccommodate the need for voter accessibility, provided that aimyin-person voting beconducted, in
manner consistent with public health and safety; and
BE IT FURTHER RESOLVED that under such an order, county elections officials would be responsible for
transmitting vote by mail ballots to all voters eligible to vote in this election and provide the maximum possible notice to
voters ebouthow to participate in the Presidential General Election, paying particular attention to the needs of voters at
h|ghriskfromCOV|D'1B,Kod|vidoa|svvithdisab0Ut|es,amdothervntecsvvithparLicularizedneeds; and
BE IT FURTHER RESOLVED that the order would extend the deadline to comiplete, audit, and report the official
canvass nfthe November 3, 2020 Presidential General Election by seven (7) days to December 7, 2020, which recognizes
thaLCOVUD~19 and the response thereto may impair the ability of state and local officials to meet statutory
responsibilities associated with counting, tabulation and other responses related to the official canvass and reporting of
the official canvass results.
vote:
PASSED AND ADOPTED by the Butte County Board of Supervisors this 28m day of April, 2020\ by the following
AYES: Supervisors Connelly, LmCero,Ritter, Teeter, and Chair Lambert
NOES: None
ABSENT; Nome
ABSTAIN: None
riva-W"
Shari McCracken, Chief Administrative Officer
and Clerk mfthe Board ofSupervisors
Steve Lambert,kKair
Butte County Board of Supervisors
EXHIBIT A
EXECUTIVE DEPARTMENT
STATE OF CALIFORNIA
EXECUTIVE ORDER N-xx-20
WHEREAS, on March 4, 2020, 1 proclaimed a State of Emergency to exist in California as a result of the
threat of COVID-19; and
WHEREAS, hundreds of local governments across the state have also declared states of emergency,
imposed or recommended social distancing, and taken other significant steps to reduce the transmission
rate of COVID-19; and
WHEREAS, State law requires the Presidential General Election be held on November 3, 2020; and
WHEREAS, State law currently requires that this election be conducted using in-person voting at polling
locations or vote centers throughout each county with vote by mail opportunities upon request and mail
ballot precincts pursuant to California Elections Code Section 3005; and
WHEREAS, there may be a second wave of the COVID-19 pandemic in the fall and winter of 2020 so in-
person voting presents risks to public health and safety in light of the COVID-19 pandemic, threatens to
undermine social distancing measures imposed by the State Public Health Officer and poses the
potential to deter voter participation due to a desire to remain away from large groups where the virus
can easily spread; and
WHEREAS, at the foundation of the Constitution of the State of California and the Constitution of the
United States of America our elections must be accessible, secure and safe; and
WHEREAS, California's existing vote -by -mail procedures can be used to conduct the Presidential General
Election on November 3, 2020, in a manner that is accessible, secure and safe; and
WHEREAS, state and local election officials require a prompt and timely decision on the conduct of the
Presidential General Election to make plans, including printing and mailing of additional ballots which
must be done months before the actual election takes place, as well as other logistical preparations and
necessary purchases; and
WHEREAS, COVID-19 and the response thereto may impair the ability of state and local officials,
including county election officials and the Secretary of State, and the volunteers supporting them, to
meet statutory deadlines associated with ballot counting, tabulation, and other responsibilities related
to the official canvass, audits and/or manual tallies of election results and reporting of the official
canvass results; and
WHEREAS, during a regular election it is difficult to recruit and train poll workers and to procure
accessible polling locations, and during a pandemic this number is expected to be reduced significantly.
NOW, THEREFORE, I, GAVIN NEWSOM, Governor of the State of California, in accordance with the
authority vested in me by the State Constitution and statutes of the State of California, and in particular,
Government Code sections 8567 and 8571, do hereby issue the following Order to become effective
immediately:
IT IS HEREBY ORDERED THAT:
1) Notwithstanding Elections Code sections 1500 and 4000-4007 (including, but not limited to, the
conditions otherwise imposed on all mail ballot elections in Election Code Section 4000 and 4001.5), and
any other applicable provision of state law, the November 3, 2020, Presidential General Election to be
held in the State of California shall be held as an all -mail ballot election and conducted according to
those provisions of the Elections Code that govern all -mail ballot elections, including but not limited to
Elections Code Sections 3000-3026 and 4100. The county elections officials responsible for conducting
this election shall transmit vote -by -mail ballots to all voters eligible to vote in this election.
Notwithstanding the foregoing, elections officials are authorized to make in-person voting opportunities
available on or before Election Day for this election in a manner consistent with public health and safety,
to accommodate the need for voter accessibility. Elections officials shall provide the maximum possible
notice to voters about how to participate in this election, paying particular attention to the needs of
voters at high risk from COVID-19, individuals with disabilities, and other voters with particularized
needs.
2) Notwithstanding Elections Code Sections 3019, 15100-15112, 15300-15376, 15400-15402, 15450-
15490, and 15500-15505; California Code of Regulations, Title 2, Sections 20027, 20108.75, 20108.8,
and 20110-20126; and any other applicable provision of state law, all deadlines associated with
completing, auditing, and reporting on the official canvass of the November 3, 2020, Presidential
General Election are extended by 7 days to December 7, 2020. Counties are urged to complete activities
related to the official canvass according to the deadlines ordinarily imposed by state law, to the extent
possible. The Secretary of State is requested to issue guidance to county elections officials concerning
compliance with this paragraph.
IT IS FURTHER ORDERED that as soon as hereafter possible, this Order by filed in the office of the
Secretary of State and that widespread publicity and notice be given of this Order.
This Order is not intended to, and does not, create any rights or benefits, substantive or procedural,
enforceable at law or in equity, against the State of California, its agencies, departments, entities,
officers, employees, or any other person.
IN WITNESS WHEREOF I have
Hereunto set my hand and caused
The Great Seal of the State of California
To be of fixed this xxth day of xxx 2020
GAVIN NEWSOM
Governor of California
ATTEST:
ALEX PADILLA
Secretary of State
3 -Mar
2 -Mar
Butte County Voter Assistance Center Daily Statistics of Voter Participation
29 -Feb
28 -Feb
27 -Feb
26 -Feb
25 -Feb
24 -Feb
23 -Feb
March 3, 2020 Presidential Primary
TOTALS
County 1583
171
54
97
Exhibit B
35
31
36
33
10
32
2122
Prov 995
175
30
3 -Mar
2 -Mar
1 -Mar
29 -Feb 28 -Feb 27 -Feb
26 -Feb
25 -Feb
24 -Feb
23 -Feb
22 -Feb
BMU
158
38
14
14 27 27
24
27
23
9
21
Prov
286
99
13
8 31 22
28
14
11
2
5
Total
444
137
27
22 58 49
52
41
34
11
26
Terry Ashe
122
14
5
7 13 8
7
9
10
1
11
Prov
66
14
5 4 5
1
6
1
Total
188
28
5
12 17 13
8
15
10
1
12
Masonic
324
42
11
23
Prov
154
13
3
8
Total
478
55
14
31
Silver Dollar 213 13 8 17
Prov
146
12
2
5
Total
359
25
10
22
ODS 228 31 5 15
Prov
105
16
4
4
Total
333
47
9
19
Terraces 100 12 5 7
Prov
76
4
4
9
Total
176
16
9
16
Lake Oroville 49 2 2 2
Prov
9
3
2
Total
58
5
4
2
Southside 114 7 1 0
Prov
65
3
4
Total
179
10
1
4
Palermo 48 0 0 0
Prov
3
5
Total
51
0
0
5
Gridley 161 5 1 7
Prov
50
6
8
Total
211
11
1
15
Durham 65 7 2 5
Prov
31
5
2
5
Total
96
12
4
10
Magalia 1 0 0 0
Prov
4
Total
5
0
0
0
3 -Mar
2 -Mar
1 -Mar
29 -Feb
28 -Feb
27 -Feb
26 -Feb
25 -Feb
24 -Feb
23 -Feb
22 -Feb
TOTALS
County 1583
171
54
97
40
35
31
36
33
10
32
2122
Prov 995
175
30
61
35
27
29
20
11
2
6
1391
Total 2578
346
84
158
75
62
60
56
44
12
38
3513
3 -Mar
2 -Mar
1 -Mar 29 -Feb 28 -Feb 27 -Feb
26 -Feb
25 -Feb
24 -Feb
23 -Feb 22 -Feb
TOTALS
HOR 230
49
3 7 29 17
46
17
24
2 4
428
Prov 19
10
1
1
1
1
1
34
Total 249
59
3 7 30 17
47
18
25
3 4
462