Newport Beach city leaders are preparing to ask Orange County Superior Court Judge Julianne Bancroft to amend a previous order, as the city faces significant logistical and legal challenges in attempting to hold a special election this November.
Judge Bancroft previously ordered city leaders to place three ballot initiatives before voters. While her minute order from last month directed these initiatives to be on the November 3, 2026, ballot, city leaders are now exploring options to conduct a separate election for these initiatives this November, having missed deadlines to include them with the general election ballots.
The three initiatives aim to increase transparency, establish an eight-year term limit for city council members, and shift the city to district elections. Signature gathering efforts for these initiatives were funded by local developer Ken Picerne and supported by the Newport Beach Stewardship Association. City leaders had challenged these initiatives repeatedly in court over the past year, with Judge Bancroft ultimately rejecting their arguments and noting they had “abused their discretion.”
The current effort to hold a special election this November faces immediate obstacles. Orange County Registrar of Voters Bob Page has informed city leaders that his office will not consolidate the city’s election with the November general election, nor will it assist the city in running a standalone election. In a letter to city leaders, Page cited several critical election deadlines that were already expired or near expiration, stating that requiring county services for a separate city election on the same day as the statewide general election would “interfere with the Registrar’s ability to conduct the General Election and pose unacceptable risks.”
During a special meeting held last Friday, City Attorney Aaron Harp highlighted a series of legal issues. He noted that both state law and the city’s own charter prohibit hosting an election on the same day as the state’s general election. This creates a direct conflict with Judge Bancroft’s order, which explicitly mandates the city to host an election on November 3. Harp stated that to proceed, the city would either have to reject the judicial order or contravene state law and its own charter. Councilman Noah Blom questioned, “So if we move forward with this the city will be in violation of state law?”
To manage the proposed special election, city council members hired the Stellara Group, a consulting firm led by Jessica Blair. While Blair agreed to indemnify the city against legal action arising from her own errors, she did not extend this to potential challenges from disenfranchised voters or complaints related to the election’s expedited timeline. City Clerk Lena Shumway confirmed that the election would proceed entirely by mail-in ballots, citing a lack of infrastructure and time to establish vote centers or precinct voting. Blair acknowledged she had “never heard” of a city hosting a separate election on the same day as the county and state.
However, both City Clerk Shumway and City Attorney Harp emphasized that conducting an election without the Registrar’s assistance is impossible, particularly for critical functions such as signature verification and processing ballots for military personnel or overseas voters. Blair confirmed that ballots would not be sent out without guaranteed assistance from the Registrar, a deadline for which was set for the end of the following week. Hours after their meeting, Registrar Page reiterated his office's stance, noting that assisting the city would take too much time amidst managing elections for three million county residents, potentially leading to voter confusion and disenfranchisement.
Despite numerous concerns voiced by council members regarding the process, including remarks from Councilman Erik Weigand who called the election a “disservice” that would confuse voters, the council ultimately voted 4-3 to move forward with the election for now. Councilwoman Robyn Grant suggested that despite the difficulties, the “safest approach is to move forward with the resolution,” while Councilman Joe Stapleton stated, “At this point I feel like we’ve gone as long as we can on this and we have a court order saying we have to do something.” Councilman Noah Blom expressed discomfort in making a decision that could actively violate state law.
City leaders are now seeking an amendment to Judge Bancroft’s order, acknowledging their inability to conduct the election without the Registrar’s support and facing the legal complexities of the situation.
