Chapter 2.134 — ELECTIONS COMMISSION

There is hereby established in the County of Alameda ("county") a body which shall be known as the Alameda County Elections Commission ("commission") to oversee all public federal, state, district and municipal elections conducted by the Alameda County Registrar of Voters. The commission shall oversee the implementation of general policies for the registrar of voters, and shall periodically report back to the Board of Supervisors regarding the proper administration of general practices of the registrar of voters as it pertains to administration of elections in the county.

(Ord. No. 2023-21, § 1, 6-13-23)

The commission's duties shall include, but not be limited to, reviewing written plans prior to each election, submitted by the registrar of voters, detailing the policies and procedures that will be used to conduct the election as well as a post-election assessment in collaboration with registrar of voters staff as to how well the plans succeeded in carrying out a free, fair, and functional election. The commission shall play an oversight role for the registrar of voters and an advisory role for the Board of Supervisors with respect to:

A.

Promoting the integrity, efficiency and accuracy of policies and procedures related to voter registration and elections.

B.

Encouraging the widest possible voter participation in elections, including attending to the particular needs of new voters, people with disabilities, seniors, and ensuring bilingual needs are met.

C.

Promoting voter education and outreach, including to historically underserved communities of interest, youth and incarcerated voters.

D.

Providing appropriate and timely information and advice to the registrar of voters and Board of Supervisors on matters related to [subsections] A through C.

E.

Reviewing election plans drafted by the registrar of voters and conducting a post-election assessment, which will then be reported to the Board of Supervisors.

Notwithstanding the powers and duties of the commission outlined in this chapter, the Board of

Supervisors shall retain the ultimate authority to supervise the registrar of voters as provided in California Government Code Section 25303.

(Ord. No. 2023-21, § 1, 6-13-23)

The commission shall meet monthly, and the time and place of each meeting shall be specified in the notice calling the meeting. All meetings shall be open to the public and shall be subject to the Ralph M. Brown Act, California Government Code Sections 54950 et seq., ("Brown Act") relating to meetings of local agencies.

The registrar of voters, or the deputy registrar of voters only if the registrar of voters is not available, shall attend the monthly meetings and provide requested data and information, as permitted by law, for the commission to do its work. The commission will meet no less than ten times per year.

The Clerk of the Board of Supervisors shall post the agendas and record the meetings in compliance with the Brown Act. The registrar of voters shall provide secretarial and staff support to the commission and be responsible for organizing and scheduling the meetings, providing information regarding the election process, responding to information requests from the commission, and reporting on follow-up matters. The county counsel shall provide legal guidance to the commission as needed.

(Ord. No. 2023-21, § 1, 6-13-23)

The commission membership is open to all Alameda County residents who are registered voters.

The commission shall be composed of thirteen (13) voting members as follows:

A.

One member from each of the five supervisory districts (Seats one through five);

B.

Five at-large members (Seats six through ten); and

C.

Three organizational members with one member from the Alameda County Council of League of Women Voters, one member from a disability rights organization, and one member from a voting rights organization (Seats eleven (11) through thirteen (13)).

Any disability rights organization and voting rights organization interested in nominating a member to occupy one of the organizational seats shall send their nominations to the President of the Board of Supervisors. The Board of Supervisors shall determine which nomination to accept for appointment from one disability rights organization and one voting rights organization. This determination shall be made on an as needed basis.

The five at-large members shall be nominated by the commission, and four of these members shall be from impacted communities. One at-large member shall be an individual with elections and election technology expertise. The other three organizational members shall be nominated by their respective organizations. All thirteen (13) members will be appointed by the Board of Supervisors. The commission shall be broadly representative of the county.

Each member shall serve a term of three years. The Board of Supervisors shall equitably stagger the appointments so that approximately one-third of the appointments expire in each year. The initial terms shall be as follows: Seats 1, 3, 6, 10, one-year term; Seats 2, 7, 11, 13, two-year term; and Seats 4, 5, 8, 9, 12, three-year term. Commission members shall not serve more than four consecutive terms or a maximum of twelve (12) years.

There shall be one ex officio member representing the city clerks of the county. This ex officio member shall not have any voting rights, but shall be advisory to the commission. The city clerks of the County of Alameda shall submit a nomination for the Board of Supervisors to consider for appointment. The ex officio member shall serve a term of three years and shall not serve more than four consecutive terms or a maximum of twelve (12) years.

The Board of Supervisors shall fill any vacancy on the commission in the same manner as the original appointment. The person appointed to fill a vacancy shall serve for the unexpired term of the member he or she succeeds. A vacancy shall exist and shall be reported to the Board of Supervisors whenever a commissioner fails to attend more than three consecutive regular meetings of the commission.

(Ord. No. 2023-21, § 1, 6-13-23; Ord. No. 2023-35, § 1, 9-19-23)

The commission will organize by electing one of its members as president and another as vice president to serve at the pleasure of the commission. A majority of the number of filled seats, excluding the ex officio seat, shall constitute a quorum for the transaction of business, and that quorum number shall not be less than five. A majority vote of the number of filled seats, excluding the ex officio seat, shall be required for the approval of any matter.

(Ord. No. 2023-21, § 1, 6-13-23)

Members of the commission shall serve without compensation. Commission members owe a duty of loyalty to, and must act in the best interests of, the county. Although each member of the commission is nominated by a different authority, the commission members do not owe a duty of loyalty to their nominating authority and cannot be removed by that nominating authority. Commission members must use their independent judgment about what is in the best interest of the county. Any member of the commission may be removed only for reasons of official misconduct by a majority vote of the Board of Supervisors, except as provided in the provisions of Section 2.134.040 that govern vacancies. During their tenure, members of the commission are subject to the following restrictions:

A.

Restrictions on Holding Office. No member of the commission may hold any other county office or be an officer of a political party.

B.

Restrictions on Employment. No member of the commission may be a registered campaign consultant or registered lobbyist in the county or be employed by or receive gifts or other compensation from a registered campaign consultant or lobbyist registered in the county. No member of the commission may hold any employment with the county.

C.

Restrictions on Political Activities. No member of the commission may participate in any campaign supporting or opposing a candidate or ballot measure that will appear on the county or municipal ballot. For purposes of this section, participation in a campaign includes but is not limited to making contributions or soliciting contributions to any committee, including general purpose committees; publicly endorsing or opposing or urging endorsement or opposition of any candidate or ballot measure; or participating in decisions by organizations to participate in a campaign.

(Ord. No. 2023-21, § 1, 6-13-23)

If any provision(s) of this chapter is declared invalid by a court of competent jurisdiction, it is the intent of the Board of Supervisors that such invalid provision(s) be severed from the remaining provisions of the chapter and that those remaining provisions continue in effect.

(Ord. No. 2023-21, § 1, 6-13-23)