Modesto’s ballot mistake could cost it a tidy sum

Modesto’s mishandling of a ballot measure in the November election could cost it at least $169,500.

The mishap involves Measure F, which the City Council placed on the Nov. 3 ballot at the request of Modesto City Schools. The measure asked voters whether the city should amend its charter so the school district could change how it elects board members. The city charter spells out how board members are elected.

Modesto City Schools is considering the change to avoid the potential of being sued under the provisions of the California Voting Rights Act, moving from districtwide to by-area elections. Proponents say this will make it easier for minority and other underrepresented office-seekers get elected.

Measure F was supposed to go to all voters in the school district, including those outside of the city. But a city investigation concluded City Clerk Stephanie Lopez changed paperwork submitted to the Stanislaus County election office, resulting in the measure appearing only on ballots for voters in the city and disenfranchising about 24,000 voters. The office conducts elections on behalf of the city and other local governments in the county.

The results were not counted, and the city agreed to put the measure on the June 7 presidential primary ballot. The city’s next regular election is in November 2017. Modesto told the school district it would cover the cost of the second election, City Attorney Adam Lindgren said. The school district is responsible for the $5,781 it cost to put Measure F on the November ballot.

It will cost considerably more to put the measure on the ballot a second time, with the cost borne by the city’s financially stressed general fund, which primarily pays for public safety.

Stanislaus County Registrar of Voters Lee Lundrigan provided Modesto with a Feb. 19 estimate stating it could cost $169,500 to $324,500. Lundrigan said Tuesday that was a preliminary estimate and she could not provide an update. She said there were several reasons behind the higher cost.

She said Modesto conducted a citywide mayoral race in November, which bore the bulk of the cost of the city’s election, which included three City Council races and several ballot measures. She said election costs also were spread over more ballot matters. Now, Measure F is the only matter Modesto will have on the June 7 primary.

Lundrigan added that the presidential primary is a more complicated and expensive election. For instance, she said, her office has to produce seven different ballots for each precinct.

City Manager Jim Holgersson said his staff is working on refining the cost of the Measure F ballot but acknowledged it could be considerable. The city hopes the county will share in the cost.

“We are willing to participate to some degree,” county CEO Stan Risen said, adding that he and Holgersson have not “had a chance to reach an agreement.”

The council’s investigation said Lopez made the paperwork change on her own and took responsibility for her actions, but it also said she made the change after election officials expressed reservations about the paperwork. The paperwork was from Lindgren, and the investigation said Lopez did not check with him before making the change.

The council voted 5-2 in early November to issue a written reprimand and dock Lopez’s pay by 5 percent. Councilwoman Jenny Kenoyer and then-Councilman Dave Lopez (no relation to the city clerk) said they supported the reprimand but not the reduction in pay. Dave Lopez, who served on the council for eight years until being termed out in November, said then that Stephanie Lopez had been an exemplary city clerk and this was her first mistake.

Officials said then that Lopez’s pay would be reduced Nov. 17 until her next performance evaluation this month. Lopez has been city clerk since May 2008 and her annual salary is $120,625. Lindgren, the city attorney, reported at the council’s May 3 meeting that the council in closed session had given Lopez a positive performance evaluation. The council was set Tuesday to meet in closed session regarding labor negotiations related to Lopez.

This story was originally published May 10, 2016 at 4:41 PM with the headline "Modesto’s ballot mistake could cost it a tidy sum."