Set Up for Failure? New Citizens Advisory Elections Committee Missing Vital Elements for Success.

Shasta County Elections Clerk Cathy Darling Allen. Photo by Annelise Pierce.

“I want to be clear that an election advisory committee is a good thing,” Cathy Darling Allen, told Shasta Scout by phone yesterday morning in response to questions about an elections ordinance that could be voted in by the Shasta County Board of Supervisors today, October 3rd.

That ordinance would codify into law the board’s newly formed Citizens Election Advisory Committee and give the CEAC more power than previously discussed when it was first formed by resolution on September 12.

Darling Allen said while she generally supports an elections oversight committee it seems “highly unusual” to her that neither Board Chair Patrick Jones nor anyone else on the Board or staff has communicated with her about the formation of the committee and what it might mean for the voting process.

As the county’s independently elected Clerk and Registrar of Voters, Darling Allen not the board, holds the legal responsibility to conduct elections, making her an obvious stakeholder in decisions related to the formation of such a committee.

Legal details about the ordinance remain unclear including how the CEAC will make decisions, or how the board will utilize its advice. Newly-appointed County Counsel Gretchen Stuhr said her office did not draft the new ordinance the Board will consider today which she referred to as “legally insufficient and unenforceable” in the associated staff report. Due to attorney client privilege Stuhr said, she is not in a position to provide additional information at this time.

Deputy County CEO Stewart Buettell who also reviewed this agenda item for the Board, told Shasta Scout that while the way the CEAC will work has not yet been decided, each commission or committee typically reviews, approves, and adopts its own bylaws to govern that committee’s respective processes and logistical operations. He also noted that the CEAC will be governed by the Brown Act, meaning that “any proposed bylaws and any action by the Committee to adopt them should be publicly available with a posted committee agenda,” along with its meetings.

In last year’s elections, Darling Allen easily held onto her seat as Elections Clerk, beating out her opponent who supported ridding the county of voting machines. By choosing Darling Allen, it seemed the public had spoken, nevertheless the belief that she is somehow connected with election fraud has persisted for some, likely fanned by the repeated insistence of Jones that the board must play a role in regaining the public’s trust in the voting process. While Jones has never provided any data to indicate how many in the county distrust the current elections process, he frequently mentions during public meetings that trust is low.

Under the new ordinance, committee members, who are selected by members of the Board of Supervisors, would be given the ability to provide “oversight” and insist on “timely” answers to their questions posed to elections officials. They would also be given “access to places and records necessary to implement their delegated duties” including observing, inspecting, and examining all elections related records, documents and activities.”

That access could open the door for increased harassment or intimidation of election officials. Last year, in both June and November, Darling Allen and her staff faced behavior from members of the public that made doing their job more difficult, and frightening.

Regardless of what happens with the CEAC today, Darling Allen said, she and her office are already very much in limbo. They’re waiting to see whether California Governor Gavin Newsom will sign AB 969, which will determine whether hand counting can be used to tally votes in next month’s election. While the board has voted to conduct a manual tally of elections, the state must certify the process for doing so in order for it to legally proceed.

Darling Allen says she and her office are prepared to pivot to conduct the vote either way depending on how things unfold. 

You can find the draft ordinance and staff report here for the Citizens Election Advisory Committee here. 

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