C To: Greta S. Hansen, Chief Operating Officer r+ (i) Q. From: James R. Williams, County Counsel � Re: Response to the

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a. The Board of Supervisors should ask the County Counsel to review all ballot questions submitted to it pursuant to Recommendation 1 b. The County agrees with this recommendation and will prepare a resolution for Board of Supervisors approval to implement the recommendation prior to the statewide elections in calendar year 2024. While implementation may require additional resources, the County agrees that tasking County Counsel with reviewing ballot measure questions voluntarily submitted to it, Read the Ballot, You're Being Duped" November 29, 2022 for accuracy and impartiality concerning the measure's underlying purpose, would provide a beneficial review of legal conformance to applicable Elections Code provisions. Recommendation lb. Governing entities within Santa Clara County should voluntarily submit their ballot questions to the County Counsel for review prior to submission to the Registrar of Voters, unless and until Recommendation ld is implemented. Except in cases where the County of Santa Clara is the relevant entity, this recommendation docs not apply to the County. The County agrees and has implemented the recommendation through its cunent practice of County Counsel reviewing, prior to submission to the Registrar of Voters, County-authored ballot measure questions. Recommendation le. Governing entities within Santa Clara County should, by March 31, 2023, adopt their own resolution or ordinance to require submission of their ballot questions to the County Counsel for review prior to submission to the Registrar of Voters, unless and until Recommendations ld and le are implemented. Except in cases where the County of Santa Clara is the governing entity. this recommendation does not apply to the County. Refer to the response to Recommendation lb regarding the C0tmty's current protocol for its own measures. Recommendation ld. The County should create an independent, citizen-led oversight commission like the recommended Good Governance in Ballots Commission as described in the "Solutions" section of this report. The Commission should be implemented by August 1, 2024. The County disagrees with this recommendation because it is not warranted or reasonable to implement. The timing of ballot questions being submitted by local jurisdictions to the County elections official does not lend itself to placing such matters on an agenda for a meeting body whose recommendations would be advisory only, after which some determination on the merits of those recommendations would be required by the relevant governing body. Such a mechanism would create a burdensome delay to the Registrar of Voters' s ballot preparation process. Recommendation 1 b fulfills this purpose more expeditiously and effectively without creation of a new Brown Act body or jeopardizing election timelines. Recommendation le. Governing entities within Santa Clara County should submit their ballot questions for review by the Good Governance in Ballots Commission pursuant to Recommendation ld. Please see the response to Recommendation ld. Read the Ballot, You're Being Duped" November 29, 2022 Recommendation lf. The County should, by March 31, 2023, take appropriate action to request that the state legislature consider amending current law to require the County Counsel to review and approve local ballot measure questions before they are voted on. The County agrees with this recommendation, recognizing the issue of statewide concern raised by the Grand Jury. The resolution referenced in the response to Recommendation la will include a request for such legislation. 2740960