To protect public health and safety during the COVID-19 pandemic, Governor Newsom has issued Executive Order N-34-20 (the “Order”). The Order seeks to maintain social distancing measures while preserving the integrity of the elections process. It contains three main provisions important to all local governments and special districts, and has the potential to affect future elections at the local, state, and federal levels.

First, the Order extends the deadlines for ballot counting, tabulation, and other responsibilities related to the official canvass of California’s March 3, 2020 Presidential Primary Election by 21 days in order to avoid undermining social distancing measures. County elections officials are encouraged to meet the current deadlines if possible. The Secretary of State is to provide guidance to county elections officials to ensure compliance with the new deadline. This affects all offices and measures on the March 3, 2020 ballot, including the elections of local officials of cities, special districts, school boards, and other bodies.

Second, the Order suspends the timeframes for public hearings required by political subdivisions that are in the process of changing from an at-large method of election to district elections, until social distancing measures are lifted in the jurisdiction. After that time, those jurisdictions are to hold the required hearings in a manner that allows sufficient advance public notice and the opportunity to participate in the postponed hearings. Jurisdictions are urged to reach out to disabled individuals, non-English speakers, and others with particularized needs as necessary to ensure their participation.

Finally, the Order permits vote-by-mail procedures for three upcoming special elections: one in the City of Westminster to recall the mayor and two City Council members, one for the U.S. House of Representatives seat for portions of Los Angeles and Ventura counties, and the third for a State Senate seat for Riverside County. In addition to vote-by-mail, county elections officials are also authorized and encouraged to allow in-person voting on or before Election Day for each of these elections, subject to social distancing practices, to maximize voter accessibility. All deadlines for completing, auditing, and reporting on the official canvass of these special elections are also extended by 21 days.

While this last section applies specifically to the jurisdictions mentioned, the outcomes of these hybrid in-person and vote-by-mail elections could affect future elections and should be watched closely. This is particularly noteworthy as these elections involve city, state, and federal offices.

The full text of the Order may be found here.

If you have any questions or concerns, you are welcome to contact the offices of Churchwell White at (916) 468-0950, or email Steve Churchwell at Steve@whitebrennerllp.com, Douglas White at Doug@whitebrennerllp.com, Barbara Brenner at Barbara@whitebrennerllp.com, or Nubia Goldstein at Nubia@whitebrennerllp.com.