Recall provisions in Alameda County's charter are unconstitutional, counsel says

Voters may be asked to amend county charter next March just as the recall petition deadline looms; Worries about whether San Leandro is attempting to "quash" subpoenas from DA's office

Alameda County Administration Building in Oakland.

COUNTY NEWS

BOARD OF SUPERVISORS

—CHARTER AMENDMENT—Alameda County voters may be asked to amend its Charter next March in order to facilitate a pending recall election in 2024.

—Early steps toward recalling Alameda County District Attorney Pamela Price this year revealed two provisions in the County Charter are unconstitutional.

—Uncertainty about how the recall would be conducted hampered early efforts by proponents of the recall.

—An item on next Tuesday’s board meeting seeks authority to place a ballot measure on the Mar. 5 primary in order to ask voters to change Section 62 of the County Charter and essentially align its recall provisions with state election law.

—Alameda County’s Office of County Counsel described the section as “out of date,” in a memo to the Board of Supervisors sent on Tuesday.

—“It is out of alignment with the recall procedures found in state law and found in all other charter counties in the state,” county counsel wrote.

—Due to changes to election law and how elections are currently conducted, “it is likely unfeasible to carry out a recall election in the manner outlined in the charter,” county counsel continued.

—These are two unconstitutional provisions in the current County Charter related to recalls:

• A requirement that petition circulators be registered voters in Alameda County. State law only requires petition circulators be a minimum of 18-years-old.

• A requirement that a voter must register a vote on both the recall question and specific candidate to replace the recalled county official in order for the vote to be counted. State law makes no mention of replacement candidates appearing on the ballot.

—Furthermore, the County Charter is silent on the timeframe prior to circulating a recall petition, signature-gathering, and qualified recall election.

—There’s even more problems with the County Charter.

—The current language allows the county registrar 10 days to verify possibly up to 100,000 recall signatures. Based on the Alameda County Registrar of Voters torpid pace for counting ballots in recent election cycles, the timeframe may be impossible to meet. However, state law allows 30 days for verification.

—The current County Charter requires a recall vote be called within 35 to 40 days after the Board of Supervisors call an election. County counsel wrote the time frame is too short for a county with nearly 900,000 registered voters. However, state law allows between 88 days and 180 days for the recall election to be held.

MORE INSIDE:

• Will Price supporters try to defeat charter amendment measure?

• Possible recall timeline

• County approves six-figure settlement involving sheriff’s deputies

• San Leandro accused of trying to “quash” subpoenas involving charged police officer

• Union City to discontinue virtual comments during meetings

• Pete Stark’s son appeared on Fox game show last night