Shasta County Elections Commission Will Ask County Board to Defy State Election Law
The Commission is recommending a local ordinance mandating hand counting votes on paper poll books, a process which would not meet the requirements of current federal or state laws.
Shasta County Election Commissioner Chair Ronnean Lund and Commissioners Lisa Michaud, and Bev Gray (closest to camera.) Photo by Annelise Pierce.
For much of 2023, Shasta County residents were uncertain how their votes might be counted.
First the Shasta County Board of Supervisors voted to cancel the county’s contract for Dominion voting machines and move to a plan to hand count local votes without machines. After feedback from attorneys representing the rights of those with disabilities, the board signed a new contract for Hart InterCivic voting machines as part of a modified plan that included accessible machine voting alongside a hand-counting process. Over the next six months plans for hand counting were submitted, budgets were approved, and new staff were hired. Then, in October, AB 969 was signed into state law, altering the county’s course again and requiring the county to use machines for both voting accessibility and counting ballots during last fall’s special November 7 election.
Now the Shasta Elections Commission is recommending another change in plans.
On Monday February 26, the Commission voted to bring back the issue of hand counting, passing a recommendation advising the county board to defy state law by implementing a local ordinance that would require votes cast in each precinct to be documented on paper poll books and counted by hand on site.
The recommendation was passed by three of the five commissioners, including Lisa Michaud, Bev Gray, and Ronnean Lund. It will go to the board of supervisors sometime in the next few months.
Commissioners Susanne Baremore and Dawn Duckett voted against the recommendation, which includes a twenty-point basis for why the Commission believes that hand counting with paper poll books at the precincts should be instituted in Shasta County.
The Commission’s recommendation attempts to discredit California’s AB 969 by saying that it “usurps the county’s authority” and was passed under a “false ‘urgency’ clause” that fast tracked “an unconstitutional law.”
According to the text of the law itself, urgency was required to “ensure that county elections officials know what voting system they will be using, particularly with the upcoming 2024 March Presidential Primary”.
While the Commission claims the Secretary of State, who is California’s Chief Election Official, has “no veto power” over local elections processes, California state law requires all voting systems must pass certification at the state level for use at the local level.
Commissioners who voted the recommendation forward also believe that hand counting without the use of machines will comply with a federal civil rights law known as the Help America Vote Act, or HAVA, saying that law does not require the use of machines for accessibility.
According to Fred Nisen, a Managing Attorney with Disability Rights California, the Commission’s recommendation as it relates to the rights of voters with disabilities is “full of inaccuracies” and runs counter to both the clear meaning of the law and legal precedent.
The recommendation was written by a single Commissioner, Bev Gray, and there was no indication that the document had been reviewed by any legal experts prior to being presented. It includes a statement that “all political power is inherent in the people” and that laws put in place by the state legislature may be altered to ensure the “good of the public is followed.”
Acting Shasta County Counsel Alan Cox was present at the meeting but did not opine on the legitimacy of the claims in the document, saying only that the recommendation would require legal review before being considered by the county board.
Speaking after the vote, Commissioner Lisa Michaud acknowledged the likelihood that defying state law would prompt a legal response, but remained committed to the recommendation.
“If there’s going to be a change,” Michaud said, “there’s probably going to have to be a fight, because that’s how society works, unfortunately.”
Have questions, concerns, or comments? Reach out to us: editor@shastascout.org.
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Vote yes on measure C and D..
Vote yes, on measure C and D
I recommend people read the articles published by Votebeat about hand counting ballots. It is a news organization focused on covering elections and voting.
It has organized all of its hand counting articles on the following page:
https://www.votebeat.org/hand-counting-ballots/
This article includes links to academic studies on hand counting ballots:
https://www.votebeat.org/2023/11/17/hand-counting-ballots-election-security-france-cyber-ninjas/
And so the beat goes on and on and on……… The three in charge hear from the three sycophantic cronies they appointed, “hand count and sue” Singing the song of the far right everywhere across our land. “Damn the cost full speed ahead! The tax payers of Shasta County are good for it”.
We will find out if attacking the windmill of defying enacted state law with the lance of made up “local” control and loosing again at the cost of who knows how many tax dollars is what the voters of Shasta County want on March 5th.
Bev Gray, who is not a lawyer or any type of legal expert, has no clue what she’s talking about. It’s clear from what she has written that she doesn’t understand anything about the election process, or the California Secretary of State, or about local control versus state control.
She knows nothing, but she thinks that she does because it’s the Dunning-Kruger effect in full force.
So true! We listen to Bev regularly at the meetings, and she has absolutely no clue what she is talking about. She has grabbed on to the lunatics for some reason, believes everything that they say, but she seems to be a lost soul, not a bad person.
I beg to disagree with the lost soul part.
I accept that Shasta County is a conservative outlier in a liberal state. I am appalled that belief in conspiracy rumors has led some people in local power positions to sever the contract with Dominion, seemingly without thinking of the financial consequences of conducting a hand counting of ballots.
Machines don’t make mistakes. Ensuring that machines do not have the connectivity to be hacked is important. “Throwing the baby out with the bath water” in this case is counter productive and not an effective solution to a problem that doesn’t exist.
I agree with comments made!?! I didn’t realize that the commission was also asking for $35,000! Yikes!🫣
This is a budget amendment to add additional funds beyond what’s already allocated for the commission – to provide legal support.
This Ad Hoc group of 5 local individuals knows what they’re proposing has No Legal Authority under the CA Election Code. Yet they persist, or at least 3 of them do, on the basis of hoping it will go to SCOTUS and they will be proven right. No chance for that outcome. After March 5, it’s easily predicted that the Recall will pass and Mr. Jones will likely be ousted. Ms. Hobbs, especially after her ridiculous charge that Mary Rickert is a follower of Satan, will come in 4th in D2. The faux commission is not only an affront to the Shasta Co Election Dept., and it’s very skilled staff, but has already spent $18,000. on outside council from LA, and now wants additional money of our tax dollars…I don’t think so ! Bev Gray obviously didn’t consult counsel before submitting this off the mark piece. Time to get tough and turnout for Shasta County’s most important election in years. NO on Measure C & D.
Great article and also comments. This is a poison pen attempt to completely smear a most important office and person elected by voters – for voters. Sensible voters will have no problem seeing through the smoke and mirrors and false reasoning!
Thank you Scout for covering this! Clearly three members of the commission are under the spell of the Lone Racoon, Mr.Pillow, Dr. Frank, Jones, Crye, and Kelstorm, as well as a host of Trump election deniers, many of whom have been convicted, and plead guilty, or are still under federal indictments, like Trump himself, for election fraud or obstruction of America’s right to vote.
Three members of this commission are but marionettes, Jones the ventriloquist. Jones established this commission to try and give legitimacy to The Big Lie, take control of our right to vote, and stamp all of Shasta County as endorsers of the Big Lie; and he is more than willing to spend millions of hard-earned taxpayer dollars to be sued in court, because, as reported in Shasta Scout, “This May Be the Case That Changes the Whole Country.”
Because The Big Lie is part of a cultural belief (like the Star Gate or Jonestown Cult) Jones, Frank, Mr. Pillow, and our local Cartel of Big Lie believers/propagators can’t be called delusional by DSM 5 standards. But they have lost in countless court cases and no, Mr. Pillow will not write the check for the Jones test case. However, The Election Commission should understand obstruction of the vote and or election fraud is a serious crime. I quote The Ca. Secretary Of State:
“Every person charged with the performance of any duty under any law of this state relating to elections, who willfully neglects or refuses to perform it, or who, in their official capacity, knowingly and fraudulently acts in contravention or violation of any of those laws, is, unless a different punishment is prescribed by the Elections Code, punishable by fine not exceeding one thousand dollars ($1,000) or by imprisonment pursuant to Section 1170(h) of the Penal Code for 16 months or two or three years, or by both that fine and imprisonment. (§ 18002.)”
Christian Gardinier
Oh dear. Realize I forgot to turn off comments on this article after making a decision to hold comments on stories for now.
I love reading the comments! Great and lively and informative conversations from the Community! Doesn’t get any better than that!
This committee/ commission speaks of usurping the counties “authority “. The removal of the Dominion voting machines was not voted on by the county, it was pushed through by 3 election deniers. Shasta County is not a island by itself, it is part of the Great State of California. As such it MUST follow the LAWS of this state. If these 3 women want to live in a Red state May I suggest Texas, Missouri, or Tennessee where women rights are being trampled upon everyday! This commission/ committee has ZERO power to change anything. When Patrick Jones put this “committee/ commission “ together he said it would not cost the county any additional money , and that was a LIE!. As this committee/ commission is now asking for $35,000 dollars! Where in the hell do they propose that the county just “find” this money? What programs are they not going to fund? Where are they proposing to find the additional monies to fight the state on this? These people are bankrupting this county and we the citizens MUST vote out Jones and Recall Kevin Crye!
I hope someone is filing a report with the Grand Jury on any one of your points.
Well said.