Correcting Voter Misinformation

From Juan Pablo Cervantes/May 12, 2022, 9:23 a.m.

FOR IMMEDIATE RELEASE

Date: May 12, 2022

Contact: Aisha Cissna, Campaign Manager

Phone: 707-726-6270

Email: Aisha.Cissna@voteforjuanpablo.com

 

My name is Juan Pablo Cervantes, and I am writing to Humboldt County as both a candidate for the Clerk, Recorder & Registrar of Voters and as a concerned voter.

On May 10, 2022, Tiffany Hunt Nielsen, a candidate for the Clerk, Recorder & Registrar of Voters emailed false and misleading information to as many as 33,000 registered voters across Humboldt.

Because the claims misled voters as to the nature of one of the offices they will be voting for, and because this misinformation was broadcast so widely, I am compelled to publicly correct the record.

Tiffany incorrectly asserted:

A little history about the position – the Elected Official is the Recorder. The Clerk and Registrar of Voters have been appointed by the Board of Supervisors – the Recorder is the Department Head over the Clerk and Registrar of Voters. This is why it is so important that the next Recorder has experience Recording.

This statement is completely false. The Board of Supervisors does not appoint these offices and the Recorder is not a department head that sits over the Clerk and Registrar.

How is your Clerk, Recorder & Registrar of Voters selected?

The selection of the Humboldt County Clerk, Recorder & Registrar is a power that belongs solely to Humboldt voters, to be decided at the ballot box. In fact, California Government Code includes specific provisions that prohibit our Board of Supervisors from appointing persons to oversee these three distinct offices.

There are three rules you should know to understand the legal mechanics of how we select a Clerk, Recorder & Registrar:

First, Government Code specifies the ten county officials that must be “elected by the people,” including the County Clerk (inclusive of the Registrar duties) and the County Recorder. The only way that our Clerk or Recorder may become appointed by the Humboldt Supervisors is if a proposition is put to Humboldt voters and is “approved by a majority of the votes cast on the proposition.” Never has such a proposition been approved by our voters. (Government Code Section 24009.)

Second, the Humboldt Board of Supervisors is permitted to consolidate elected county offices, using combinations specified in Government Code, so that the same person will hold and oversee multiple elected positions – one such combination is the Clerk and Recorder. And in 1996, our Board of Supervisors passed an ordinance to consolidate our County Clerk and Recorder offices. However, the consolidation of two offices does not result in either being abolished. So, our Clerk and Recorder remain distinct elected offices, even when held by the same person. (Government Code Sections 24300 and 24304; Humboldt County Code Section 2417-1.)

Third, Government Code is clear that our County Clerk (and not the Recorder) is also our Registrar of Voters. California law clearly prohibits the Humboldt County Supervisors from appointing our Registrar or separating the duties of the Registrar from the County Clerk. Having looked through more than 25 years of records, I can safely say that there is no evidence of the Supervisors previously voting on the appointment of the Registrar of Voters. (Government Code Sections 26802 and 26802.5; see also Government Code Section 25100.5; Elections Code Section 311 (repealed 2002))

I truly appreciate the diligence voters in Humboldt County take in deciding who to vote for. The truth is not something that we can afford to bargain with.

With utmost gratitude, 

Juan Pablo Cervantes