Fact Check: “Making Shasta a Charter County Could Threaten The Elected Registrar of Voter’s Position”
The Claim:
“Making Shasta a charter county could allow the county board to remove the current elected registrar of voters, Cathy Darling Allen.”
When/Where:
This statement has been made by several public commenters during recent Shasta County board meetings.
Context:
On November 7, 2023, the board of supervisors voted to place a proposal on the March 2024 ballot that offers voters the option to decide whether Shasta County will become a charter county.
The process of changing county status from a general law county to a charter county includes developing a specific charter that residents county-wide vote to approve. Shasta County’s charter includes only one element, how board vacancies will be filled.
Our Analysis:
“Making Shasta a charter county could allow the county board to remove the current elected registrar of voters, Cathy Darling Allen.”
This claim is false.
Here’s Why
The March 2024 proposed charter is a one-issue proposed charter that focuses on how county board vacancies will be filled. It will not change other elements of county governance unless amended by a majority of voters in a future election.
In charter counties, any details that are not specified in the voter-approved charter default back to the usual state laws and mandates that govern general law counties. Individual county charters can include specific elements that would impact how officials like how Shasta County’s registrar of voters, Darling Allen, are chosen. But not all county charters include this element and Shasta County’s proposed charter does not.
Here’s What Else You Should Know:
There are two ways California counties can be governed. One is as a general law county, meaning the elements of county governance are determined by state law. The other is under charter governance which means that certain elements of the county’s governance, those laid out specifically in that county’s charter, will vary from state law.
Becoming a charter county gives local jurisdictions the option to have more control over “the election, compensation, terms, removal, and salary of their governing board.”
It also allows counties to specify which other county positions will be filled by election versus appointment, although the sheriff, district attorney, and assessor positions must remain as elected positions regardless of the county type, according to California law.
Should Shasta become a charter county by a majority vote next March, only one part of how Shasta County is governed will change, the single issue on the proposed county charter: filling board vacancies.
The county could attempt to add additional charter changes, such as changing how the county’s registrar of voters is chosen, as amendments or revisions through future elections. But all such changes would have to be approved by a majority of voters in the county.
Additionally, even if the county’s charter proposal is approved by voters and then amended and approved again by voters on a future ballot, any changes to how the registrar of voters is chosen would not occur until the end of the term of any currently elected officials affected by the new charter rules.
Resources:
Read more about the potential differences between a general law and a charter county on the California State Association of Counties website.
If you’ve heard a statement in public meetings that you’d like to see fact-checked, let us know. Email: editor@shastascout.org
Comments (3)
Comments are closed.
What is in question is giving power to the Board in the event of a board seat vacancy rather than the voters by election. It should be left to the voters of the district to choose in a charter county. If that element was removed then a charter county would be acceptable.
Quote from the Shasta County website-
“In the event of a vacancy on the BOS, the proposed charter would grant the BOS authority to either appoint a replacement by a majority vote of the seated members, call a special election to fill the vacancy, or leave the seat vacant until the next general election. Currently, in the event of a vacancy on the board, a replacement would be appointed by the California Governor.
The proposed ordinance states that, “whenever a vacancy occurs in the office of supervisor on the Shasta County Board of Supervisors, the Shasta County Board of Supervisors may fill the vacancy by appointment or call a special election. If the Board appoints the replacement, the appointee shall be from among the qualified electors of the Supervisorial District in which such vacancy exists and shall hold office until the election and qualification of his or her successor”.
If a county supervisor should be recalled, new California law says the governor will appoint who will replace him, as a county board supervisor. That law takes the choice out of the voters hands. Being a charter county doesn’t take the choice out of voters hands. It keeps the choice where it is, in the voters hands.
To clarify the board of supervisors should not have the capability to select the replacing supervisor. It should go to a vote by the people in that district by special election or next regular election. I do not agree with the charter as written for this reason.