StatementCal. Super. - 6th Dist.May 5, 2021Electronically Filed by Superior Court of CA, County of Santa Clara, on 5/27/2021 8:28 PM Reviewed By: S. Vera Case #21CV381463 Envelope: 6539402 21CV381463 Santa Clara - Civil S. Vera 10 ll 12 l3 14 15 l6 17 18 l9 20 21 22 23 24 25 26 27 28 JASON M. HEATH, State Bar No. 180501 County Counsel RUBY MARQUEZ, State Bar No. 276020 Assistant County Counsel Office of the Santa Cruz County Counsel 701 Ocean Street, Room 505 Santa Cruz, California 95060 Telephone: (831) 454-2040 Fax: (83 1) 454-21 15 Email: ruby.marquez@santacruzcountvus Attorneys for Respondent Tricia Webber, in her official capacity as the Santa Cruz County Clerk/ Registrar of Voters Exemptfiom Filing Fees Pursuant to Cal. Gov’t Code § 6103. SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA David Kissner and Shahryar Rokni, Petitioners, v. Dr. Mary Dewan, Santa Clara County Superintendent of Schools; Santa Clara County Office of Education; Lorna Prieta Joint Union School District; Shannon Bushey, Santa Clara County Registrar of Voters; Tricia Webber, Santa Cruz County Clerk; and Does 1-10. Respondents. CASE NO. 21CV38 1463 STATEMENT OF NON-OPPOSITION IN RESPONSE TO PETITIONERS’ VERIFIED PETITION FOR WRIT OF MANDATE AND OTHER FILINGS Hearing Date: June 7, 2021 Time: 1:30 pm Dept: 12 Judge: Hon. Audra Ibarra Respondent, Tricia Webber, in her official capacity as the Santa Cruz County Clerk and Registrar of Voters (“County Clerk”), hereby submits this response t0 the Verified Petition For Writ 0f Mandate, Ex Parte Application, and other supporting documents filed by David Kissner and Shahryar Rokni (“the Petitioners”), as noticed to Ms. Webber on May 4, 2021. In the present matter, the County Clerk does not take a position on the substance of the legal issues raised in the Writ, which involves a dispute between the Petitioners, the Santa Clara County Superintendent 0f Schools and Office of Education, and/or the Loma Prieta Joint Union School District (“the District”). In election-related Writ 0f Mandates, the County Clerk’s involvement in Santa Cruz County Clerk’s Response to Petitioner’s Writ of Mandate (Loma Prieta) Case No. 21CV381463 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 these cases is limited to acting as a neutral but necessary party to inform the Court 0f statutory deadlines as set forth in the California Elections and/or Education Codes. Additionally, the County Clerk will be available during the Ex Parte Hearing to answer any questions the Court may have regarding logistical and printing deadlines. The County Clerk stands ready t0 comply with any and all orders issued by this Court concerning the merits 0f this case. DISCUSSION 1. Anticipated Calendar For an Election Day 0f September 21, 2021 As described in Petitioners’ Supplemental Ex-Parte Application filed on May 14, 2021, during a meet and confer telephone conference, all parties have agreed that, if the Court grants Petitioners’ request, a special election should occur on or before September 21, 2021. Given this proposed date, the Santa Cruz County Clerk provides the following timeline of deadlines: o MaV 3 1“ to June 25, 2021: Candidate Nomination Period. As May 3 13‘ is a holiday, June 1“ would become the first day. Cal. Elec. Code § 10603 (also referred to as “E-l 13 t0 88 days” as calculated from the proposed election day). o July. 23, 2021: First Day to mail ballots to military and oversee voters. Cal. Elec. Code § 3105 (E-60 to 45 days). o August 23, 2021: First Day to mail ballots to vote-by4mail voters. Cal. Elec. Code § 3001(b) (E-29 days) Voter information guides may also begin to be mailed to voters. See Cal. Elec. Code § 4101, §13300, and§ 13303. o September 6, 2021: Last Day to register to vote for September 21, 2021, election day. Cal. Elec. Code § 2102 (E-15 days). o September 7 to 21, 2021: Continued Voter Registration with the County Election’s office for any voter that missed the deadline. Cal. Elec. Code § 21 19.5. o September 21, 2021: Election Day. Polls open from 7 am and close at 8pm. Santa Cruz County Clerk’s Response to Petitioner’s Writ of Mandate (Loma Prieta) Case No. 21CV381463 -2- 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 September 24, 2021: Vote by Mail ballots postmarked 0n or before Election Day and received by this date will be counted. Cal. Elec. Code § 3020(b); § 4103. o October 21 2021: Last Day to Certify the results and submit results t0 governing body. Cal. Elec. Code § 15372 (E + 30 days). The County Clerk also is prepared to conduct an all-mail ballot election, if authorized by the governing body and/or agreed upon by the parties. See Cal. Elec. Code § 4000 et seq. 2. Excluding The County Clerk From Any Fees or Costs Granted If the Court grants Petitioner’s Writ, Respondent Tricia Webber respectfully requests that any order be amended to exclude the Santa Cruz County Clerk from any costs and/or fees granted t0 the Petitioners. The County Clerk, in her ministerial role, has attempted to remain neutral and helpful t0 all parties and the Court. In the alternative, the County Clerk requests that this issue be reserved for further briefing and/or hearing, if necessary. CONCLUSION For all the foregoing reasons, the Santa Cruz County Clerk/Registrar of Voters will comply with any and all orders to conduct an election 0n September 21, 2021, if granted, but otherwise does not take a position in the substantive legal dispute. Respectfully Submitted, Dated: Maya, 2021 JASON M. HEATH, COUNTY COUNSEL By: {*Jg mam Ruby Mérquez, A'ssisfan’FQunty Counsel Attorneys for Tricia Webber, in her capacity as Santa Cruz County Clerk and Registrar of Voters Santa Cruz County Clerk’s Response to Petitioner’s Writ of Mandate (Lorna Prieta) Case No. 21CV38 1 463 -3- 10 11 12 13 14 15 16 18 19 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE I, the undersigned, state that I am a citizen of the United States and employed in the County of Santa Cruz, State of California; that I am over the age of eighteen years and not a party to the Within action; that my business address is 701 Ocean Street, Room 505, Santa Cruz California; that on the date set out below, I served a true copy 0f the following documents via the Odyssey E-Filing System: Statement 0f Non-Opposition In Response t0 Petitioner’s Verified Petition for Writ of Mandate And Other Filings to the following persons: For the Petitioners: James Sutton -- isutton@campai2nlawvers.com JP Fisher - ipfisher@campaignlawvers.com For the Loma Prieta Joint Union School District: Brian Bock - brian@proactiveb12.com For the Santa Clara County Office 0f Education and Superintendent: Marcelo Quinones - Marcelo.Quinones@cco.sccgov.org Gabriel Markoff- Gabriel.markoff@cco.sccgov.org For the Santa Clara County Registrar of Voters: Mary Hanna-Weir - marv.hanna-weir@cco.sccgov.org I declare under penalty of perjury that the foregoing is true and correct. Executed May 97 , 2021, at Santa Cruz, California. JASON M. HEATH, COUNTY COUNSEL BY m MOMQRQ Ruby Marquéz V Assistant County Counsel
