Many perspectives, 1 simple etiquette

Emergency Petition Filed To Stop County Registrar's Ballot Count

Author: Jeff Powers
Created: 05 July, 2018
Updated: 21 November, 2022
3 min read

San Diego, CA. - An emergency petition has been filed in the Court of Appeal for the 4th District, to prevent San Diego County Registrar Michael Vu from finishing the ballot count for the Full Voter Participation Act.

Luis Vargas and San Diego County Republican Party Chairman Tony Krvaric are named as petitioners.

If the emergency stay is granted, it's very likely the Full Voter Participation Act will not be on the November ballot.

Krvaric posted the following message on his twitter account:


The emergency petition adds another layer to what's devolved into a nasty partisan fight, with the end goal being control of the County Board of Supervisors.

Full Voter Participation Act Emergency Petition

The Drafting Error

The central issue is whether the legislature can change the signature requirement after the signature gathering began.

The drafting error in the original bill penned by Assemblyman Todd Gloria and the legislative counsel in Sacramento is what's caused this issue. The original measure stated 10% of the qualified electors in the county needed to sign the measure, or 165,984 signatures. What it should have stated was 10% of voters who turned out in the previous election, or about 67,000 valid signatures.

Errors in drafting the bill, meant the governor had to sign a trailer bill that retroactively fixed the error, that is SB 866, and that is what the new suit is aiming to invalidate.

County Registrar Michael Vu sent IVN San Diego a statement regarding the petition, Vu wrote "Yes, papers were served today. I’m not aware of any decision by the court instructing us to stop verifying the petition."

The "Single Subject" Violation?

Gloria and the legislature acted quickly to fix the drafting mistake. It was then, according to the lawsuit, combined with a few other bills that Governor Brown signed, and that's where the petitioners say, the "single subject" rule was violated.

The lawsuit reads, "Petitioners bring this action to enforce the State Constitution and protect the initiative process in the San Diego County from last-minute legislative mischief. Just days ago, the State Legislature passed, and the Governor signed, a legislative gumbo bill (SB 866) embracing numerous unrelated subjects. From San Bernardino County public pensions to the Decennial Census to a trade certificate program for state correctional inmates, the bill had it all. Tucked away at the end of the bill (a "budget trailer bill") was a Government Code provision retroactively changing the signature requirements "for an initiative measure proposing an amendment to the charter of the County of San Diego."

Political Battle

The Full Voter Participation Act aims to change County of San Diego elections by eliminating the 50%+1 rule, something Measures K and L did for the City of San Diego in 2016.

Democrats see this move as an opportunity to have representatives elected when the most voters are participating which is clearly in November.

Republicans say this move is a rush to fix their error, and make sure the FVPA impacts the 2020 District 3 Supervisor race. The thinking goes that by forcing District 3 Supervisor Kristin Gaspar to the November General election, where more Democrats vote than the June primary, she will be vulnerable.

Democrats currently have control of the City Council and are looking to do the same with the County Board of Supervisors.

Read more

fair maps
Gerrymandering Reform: Are We Asking the Wrong Question?
Photo Credit:  ...
01 March, 2024
7 min read
joined hands
10 Reasons Why Americans Are Not as Divided as You Think
Photo by on  Party leaders, politicians, and media pundits and talking heads would have US voters b...
28 February, 2024
7 min read
LetUsVote: New Campaign Launches to End Discrimination Against Independent Voters
Open Primaries, in partnership with Unite America, announced the launch of LetUsVote Wednesday, a nationwide initiative that aims to mobilize and empower independent voters, who make up the largest voting bloc in the US but are treated like second-class voters....
27 February, 2024
4 min read
For Good or Bad, Primary Changes May Be Coming to Elections Near You
Photo Credit:  The last couple of years have seen an increase in states looking to change their prim...
26 February, 2024
4 min read
The Primary Problem: Only 8% of Voters Elect 83% of Our Representatives
In his latest podcast, former Democratic presidential candidate and Forward Party Co-Founder Andrew ...
26 February, 2024
3 min read
Blame This One on Secretary of State Weber
Eight years ago, there was a competition still in play between Bernie Sanders and Hillary Clinton wh...
26 February, 2024
4 min read