SLO County supervisors move forward on vacancy elections — but not a redistricting commission
San Luis Obispo County citizens may get to decide how the county fills vacant elected offices — but not how its borders are redrawn during redistricting.
At its meeting Tuesday, the San Luis Obispo County Board of Supervisors continued to piece together a county charter that could significantly change some aspects of local governance.
High on that list was the question of whether vacancies on the board or in other county-elected offices should be filled by appointment or election. Ultimately, the board directed staff to continue writing a charter that would require the county to fill vacant elected positions with an election.
At the same time, supervisors nixed the idea of forming an independent redistricting commission that would let citizens approve district borders when the time comes again for redistricting.
In June, they’ll decide if the new charter will be on the November 2022 ballot.
New charter requires election to fill vacant elected offices
As of now, vacancies in elected county offices are filled by appointment.
For example, Gov. Gavin Newsom appointed Dawn Ortiz-Legg as the District 3 supervisor in 2020. In 2021, the Board of Supervisors appointed Elaina Cano to fill a vacancy for county clerk-recorder.
The new charter would instead have voters choose who would fill vacant offices.
“The point of doing all this is to give the public an opportunity to vote,” Supervisor Debbie Arnold said. “That’s what we’re chasing here.”
If an elected official left their position with more than a year remaining in their term, the board would call for a special election. If less than a year remained in the term, the position would remain vacant until the next general election.
If a vacant position couldn’t remain open, the second-in-command would fill in during the remainder of the term.
The length of time a position could be vacant was a matter of some dispute during the meeting: Supervisor Bruce Gibson said it doesn’t serve voters to have a leadership position vacant for a full year, but Arnold noted that the appointment process also takes time — as the board took months to fill the county clerk-recorder position.
“One way or another, it’s a process,” she said.
The original charter draft said the board could call for an election for offices with more than 180 days left in the term, but county counsel noted that 180 days may not be enough time for the county to prepare for a special election, and it could land too close to a general election.
Cano said her office needs at least six months to prepare for an election — from organizing polling places to printing ballots. The 365 days would provide a buffer between elections.
Some members of the public were not pleased with the changes.
Cindy Marie Absey, president of the SLO County League of Women Voters, said the group doesn’t support holding a special election for vacancies in county offices other than the Board of Supervisors — which would cost about $1 million, according to county counsel.
She said it’s too expensive and that the Board of Supervisors, directly elected by county residents, can fill the positions in their constituencies’ interests.
Special elections also have historically low voter turnout and don’t require a majority vote to win the position, she added.
“As a result, a relatively small number of voters would elect a replacement,” Asbey said, “undermining the promise of representative government.”
Still, the board decided to move forward with drafting the charter.
June 21 is the last day the board can decide what the charter says and if it will be on the November ballot.
It would cost $353,000 to add the charter to the November election, according to a letter from county counsel.
Speakers propose independent commission for redistricting
Multiple speakers at public comment also asked the board to integrate an independent redistricting commission in the charter draft.
The commission would be an appointed, nonpartisan group of citizens that replace the Board of Supervisors in approving district boundaries.
In December 2021, the board voted to adopt a controversial district map drawn by Arroyo Grande resident Richard Patten. A Tribune analysis found that the map favors Republican voters, even though there were about 6,000 more Democrat voters than Republican voters in the 2021 election. The map packed Democrat voters into Districts 2 and 5 — diluting their vote, according to the analysis.
SLO County Citizens for Good Government filed a lawsuit against the county, saying the map violated the Fair Maps Act by gerrymandering the districts to favor Republicans and splitting communities of interest. They asked the court to prevent the county from using the map in upcoming elections.
In February, SLO Superior Court Judge Rita Federman ruled to allow the county to use the map in the upcoming primaries, and said it would be “detrimental to the democratic process” if she denied the map and another court overturned her ruling.
Later that month, the California Supreme Court refused to hear an appeal on the map — allowing the county to continue using the newly redrawn districts.
Patricia Gomez, the director and vice president of SLO Citizens for Good Government, urged the board to include an independent redistricting commission in the charter draft.
California has successfully used a commission for the past two redistricting cycles, she said, and several counties have their own commissions in place — including Santa Barbara.
“They exist because they work and they give voice to the citizens to achieve direct local control about how their districts are decided,” Gomez said.
Supervisor Bruce Gibson motioned to include the commission in the charter. He said that allowing citizens to vote on vacant positions may feel like a “noble democratic idea,” but the charter’s ability to return power to voters is limited if their districts are gerrymandered.
The citizens commission would ensure the county’s districts are drawn fairly, Gibson said.
“I think our duty here is to do something that’s fair,” he said.
Supervisor Dawn Ortiz-Legg agreed and said the commission would “make sure that it’s actually the people who get to determine how we carve up our county.”
Supervisor Debbie Arnold, however, said that the Board of Supervisors should continue deciding on district boundaries, as voters would have an easier time contacting board members and holding them accountable.
“I think when you talk about fair, at least people know how to contact their elected officials,” Arnold said. “I am totally against passing our job off to people who haven’t been elected.”
Supervisor John Peschong didn’t think the commission was necessary, as he said the board followed the Fair Maps Act when approving the current district boundaries.
The board voted 3-2 to exclude the commission from the charter, with supervisors Bruce Gibson and Dawn Ortiz-Legg casting dissenting votes.
How would the charter be amended?
District 2 resident Sarah Semmes said she wants the Board to place “safeguards’‘ on the charter to prevent the passage of amendments that reduce the authority of elected officials and undermine the goal of the charter — which is to return power to the voters.
Multiple speakers at public comment echoed her concerns.
“My main political concerns are protecting the republic,” Semmes said.
She asked the board to consider requiring a four-fifths vote to place an amendment on the ballot and a super majority vote from the electorate to pass an amendment. She also asked that there’s no charter review committee or charter county manager.
In response, the board directed staff to research if the county can require a four-fifths Board of Supervisors vote to place an amendment on the ballot, and a super majority vote by the electorate to pass the amendment.
Even if the charter requires a four-fifths vote, state law says an amendment can still land on the ballot if 10% of the electorate submits a petition in support of an amendment, county counsel Rita Neal said.
The board will discuss the charter again at its May 17 meeting.
This story was originally published April 6, 2022 at 12:00 PM.
