Declaration

Cal. Super. - 6th Dist.May 5, 2021

DocuSign Envelope ID: 9F357771-3BA2-460A-95AD-7A3807759Dos 21CV381463 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Santa Clara - Civil R. Ngu JAMES R. WILLIAMS, County Counsel (SB. #271253) Electronically Filed STEVE MITRA, Assistant County Counsel (SB. #244054) by Superior Court of CA, MARY E. HANNA-WEIR, Deputy County Counsel (SB. #3ZOCUQnty of Santa Clara, OFFICE OF THE COUNTY COUNSEL on 7/29/2021 3:31 pM 70 West, Heddmg Street, East ng, Nmth Floor Reviewed By: R. Nguyen San Jose, Cahfomla 95 1 10-1770 c #21 CV381 463Telephone: (408) 299-5900 ase Facsimile: (408) 292-7240 Envelope: 6953282 Attorneys for Respondent SHANNON BUSHEY, REGISTRAR OF Exempt from Filing Fees Pursuant VOTERS FOR THE COUNTY OF SANTA t0 Govt. Code § 6103 CLARA, IN HER OFFICIAL CAPACITY SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA DAVID KISSNER, and SHAHRYAR ROKNI, No. 21CV381463 Petitioners, DECLARATION OF SHANNON BUSHEY IN SUPPORT OF OPPOSITION TO EX V. PARTE APPLICATION SEEKING AN ORDER LIFTING AUTOMATIC STAY, OR SANTA CLARA COUNTY IN THE ALTERNATIVE TIME FOR SUPERINTENDENT OF SCHOOLS DR. EXPEDITED BRIEFING AND AN MARY ANN DEWAN; SANTA CLARA EXPEDITED HEARING ON AN ORDER COUNTY OFFICE OF EDUCATION; LOMA LIFTING AUTOMATIC STAY PRIETA JOINT UNION SCHOOL DISTRICT; SANTA CLARA COUNTY REGISTRAR OF VOTERS SHANNON BUSHEY; SANTA Date: July 30, 2021 CRUZ COUNTY CLERK TRICIA WEBBER; Time: 9:00 am. AND DOES 1-10, Dept: 6 Respondents. Date of First Filing: May 5, 2021 I, SHANNON BUSHEY, declare and state as follows: 1. Iknow the facts herein stated ofmy own personal knowledge, except as to matters stated on information and belief. As t0 matters stated 0n information and belief, Ibelieve such matters t0 be true. If called upon t0 d0 s0 I am competent to testify about the facts stated herein under oath. 2. I am the Registrar for the Registrar 0f Voters (ROV) of the County 0f Santa Clara (County). I have held my current position since February 2014 and have worked at the ROV for 26 years. As part 0fmy official duties, I supervise all operations 0f the office and its several divisions, including 1 yen DECLARATION OF SHANNON BUSHEY IN SUPPORT OF OPPOSITION TO EX 21CV381463 PARTE APPLICATION DocuSign Envelope ID: 9FBS7771-3BA2-460A-95AD-7AB807759DC3 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 but not limited t0 the Candidate Services Division (CSD), Ballot Layout Division (BLD), Vote-by- Mail Division (VBM), and Fiscal Division. 3. Election preparation, planning, and execution is complex and technical as the ROV must comply With several interlocking requirements, deadlines, and duties. Typically, for a school district election With one contest for a governing board member, pursuant t0 Elections Code section 10630, the ROV would operate a candidate nominations period from 113 to 88 days prior to the election date during which time CSD would assist potential candidates With filing nominations papers. Candidate filing ends at 5pm 0n the 88th day before the election. Between 120 and 90 days before the election, pursuant to Elections Code section 121 12, the ROV must publish in a newspaper of general circulation a Notice 0f Election to provide voters With information about the contests 0n the ballot, qualifications t0 be a candidate for office, and how t0 file t0 run for office. In my experience, many newspapers of general circulation, especially those serving smaller jurisdictions, need at least one week’s notice prior t0 printing such a legal notice, and so in order t0 publish in a timely manner, the ROV must send materials t0 the newspaper 0n 0r before 97 days prior t0 the election. 4. The ROV regularly provides election cost estimates t0 local jurisdictions and initiative proponents. For a special election, those estimates reflect the estimated actual costs 0f labor and materials for running the election, pursuant t0 Section A34-24 of the County 0f Santa Clara Ordinance Code. For the Loma Prieta Joint Union School District, upon the request of Petitioner David Kissner, the Fiscal Division prepared two estimates of the costs 0f election: 1) for an all-mail ballot election, the estimate was between $167,905.60 and $272,846.60 and 2) for a vote center election, the estimate was between $350,963.20 and $570,315.20. 5. The estimated costs include labor and materials for all election activities Which include, but are not limited to, election process planning and preparation; election notice publication candidate nomination filing and processing; ballot layout; voter information guide layout; military and overseas ballot layout and printing; remote accessibility vote-by-mail ballot layout; translation and proofreading; vote-by-mail ballot printing and mailing; ballot drop box delivery, service, and pick up; ballot processing and tabulation; post-election audit; and election certification. Pursuant t0 federal law, the ballots and voter information guide in Santa Clara County must be translated into 2 DECLARATION OF SHANNON BUSHEY IN SUPPORT OF OPPOSITION TO EX 21CV381463 PARTE APPLICATION DocuSign Envelope ID: 9FBS7771-3BA2-460A-95AD-7AB807759DC3 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Spanish, Vietnamese, Chinese, and Tagalog, a process that includes using contracted translators who are overseen by BLD. In this particular jurisdiction, there is not a state law requirement for additional languages. For the vote center election, the estimate also includes costs for identifying vote centers, rental fees for facilities, and the costs of setting up, running, and taking down those vote centers. In the instance 0f the Lorna Prieta Joint Union School District, because the jurisdiction has fewer than 30,000 voters, the ROV is only required pursuant to Elections Code sections 4005(b)(2)(B) and 4005(b)(3)(B) to make a reasonable effort t0 establish a vote center that would be open for ten days prior t0 the election and 0n election day. However, it is my policy t0 operate a minimum 0f two vote centers for each election to ensure voters have access to in-person voting opportunities even if an unforeseen circumstance (such as a burst pipe) closes one facility. 6. Election preparations begin immediately upon the ROV becoming aware 0f an election. The text and layout for ballots and county voter information guide are typically finalized by the final printing deadline 67 days prior to the election. Ballots are printed and mailed t0 military and overseas voters between 6O and 45 days prior t0 an election pursuant t0 Elections Code section 3 105(b)(1). Vote-by-mail ballots are printed and mailed to voters starting 29 days prior t0 the election, pursuant to Elections Code section 4005(a)(8)(A), and for an all-mail ballot election the county voter information guide is usually included in that same mailing. Further, pursuant to newly enacted Elections Code section 1605(a), the ROV will begin processing vote-by-mail ballots 29 days prior to the election. 7. There are some specific challenges that would be faced by the ROV in running a special election for Loma Prieta Joint Union School District during 2021. The ROV is already running two partially overlapping elections - the September 14, 2021 Gubernatorial Recall Election and the November 2, 2021 Special Election at Which at least two school district ballot measures Will be presented t0 voters. Ballot processing and tabulating, as well as the official canvass and post- election audit for the Gubernatorial Recall Election Will overlap With the early voting period for the November 2nd Special Election. As a result, ROV and its VBM division are planning t0 use different colored envelopes for the different elections and t0 create other protocols t0 minimize voter confusion and t0 protect against errors in the canvassing 0f both elections. Adding a third election 3 DECLARATION OF SHANNON BUSHEY IN SUPPORT OF OPPOSITION TO EX 21CV381463 PARTE APPLICATION DocuSign Envelope ID: 9FBS7771-3BA2-460A-95AD-7AB807759DCS 1 would only further complicate those efforts, including possibly increasing the costs 0f materials t0 2 procure a third color set of envelopes, as well as likely requiring the use of additional overtime hours 3 for staff. 4 I declare under penalty 0f perjury under the laws of the State of California that the foregoing 5 is true and correct. Executed 0n July 29, 2021 in San José, California. 6 DocuSigned by: SgApszxAxAvn, E&xlakhefi? 7 By. ms4Fq79Fo7046c‘ SHANNON BUSHEY 8 Registrar 0f Voters for Santa Clara County 2456304 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 DECLARATION 0F SHANNON BUSHEY IN SUPPORT 0F OPPOSITION T0 EX 21CV381463 PARTE APPLICATION DocuSign Envelope ID: 9FBS7771-3BA2-460A-95AD-7AB807759DCS 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA PROOF OF SERVICE BY ELECTRONIC MAIL David Kissner, et al. v. Shannon Bushey, Registrar of Voters Case No.: 21CV381463 for The Countv ofSanta Clara, in her official capacity, et al. I, Kimberly Ide, declare: I am now and at all times herein mentioned have been over the age of eighteen years, employed in Santa Clara County, California, and not a party to the within action or cause; that my business address is 70 West Hedding Street, 9‘1‘ Floor, San Jose, California 951 10-1770. My electronic service address is: kimberly.ide@cco.sccgov.org. On July 29, 2021, I electronically served copies via the Odyssey e-filing system the following: DECLARATION OF SHANNON BUSHEY IN SUPPORT OF OPPOSITION TO EX PARTE APPLICATION SEEKING AN ORDER LIFTING AUTOMATIC STAY, OR IN THE ALTERNATIVE TIME FOR EXPEDITED BRIEFING AND AN EXPEDITED HEARING 0N AN ORDER LIFTING AUTOMATIC STAY to the people listed below at the following electronic service address: James Sutton Email: isutt0n@campaignlawyers.com JP Fisher Email: ipfisherGQcampaignlawvers.com Ruby Marquez Email: rubvmarquez@santacruzcountv.us Brian Bock Email: brian@proactiveblg.com Marcelo Quinones Email: marceloauinonesfilccosccgovnrg Gabriel Markoff Email: gabriel.1narkoff@cco.sccgov.org I declare under penalty ofperjury under the laws of the State of California that the foregoing is true and correct, and that this declaration was executed on July 29, 2021. Kifibefffi} (cg) 2456269 5 DECLARATION OF SHANNON BUSHEY IN SUPPORT OF OPPOSITION TO EX 21CV381463 PARTE APPLICATION