News
In the contest for county clerk-recorder on the June ballot, voters will have to choose between incumbent Gregory Diaz and challenger Barry Pruett.
What should they look for in a candidate?
The only legal requirement is to be a registered voter in the county. But the duties of the office include acting as Registrar of Voters and conducting all federal, state, and local elections in the county; performing non-elections county clerk duties such as maintaining vital records and issuing marriage licenses; and serving as the county recorder in maintaining records of transfer of ownership of land so that the chain of title can be determined if, for example, you buy or sell a home.
The most visible duties are elections. If something goes wrong in an election, it becomes a major issue. Elections in the larger counties tend to be run by the registrar of voters, appointed by the board of supervisors, and, in the smaller counties, by elected county clerks. Whichever system is used, the office is not a policy-making position like a supervisor's seat or a legislative office; it is an administrative position for which you want an experienced administrator.
Some of the worst foul-ups I have seen were the result of inexperienced persons running elections. One such registrar, whose only experience was in personnel, tried to save money by having the county print shop print the mail ballots. But modern ballot-counting equipment requires ballots printed to exacting tolerances. None of that county's mail ballots could be counted on election night.
In another example, a new registrar had been an aide to a board member. He failed to monitor the printing of the return envelopes used for mail ballots. The insides of the envelopes were printed with security marks to prevent someone from seeing the ballots through the envelopes.
All fine and good. But the ink wasn't fully dry. When voters signed the outsides of the envelopes, their signatures transferred onto the ballots inside, invalidating them.
Then there was the former sewer commissioner who underestimated the number of voting machines required in each precinct. Long lines developed. A judge ordered the polls be kept open late, triggering a state law that required all the other counties do the same.
In my own case, there was a primary election in which I had checked the printer's proofs of the ballots without having a member of the staff double-check my work. I didn't see that the printer had omitted a candidate's name. I was fortunate that on the first day of voting by absentee voters, the very first voter in the door spotted the error, giving me time to fix it.
Is there an advantage to being a lawyer to hold the office? Not really. First of all, most of the time issues do not arise that require legal advice. A good election administrator is going to be familiar with the provisions of the elections and government codes and will know what to do. When there is need for legal advice, the clerk is going to turn to county counsel anyway, since county counsel will have to defend the clerk if he or she is sued. The election attorneys in the Secretary of State's office are also available.
Utter impartiality is another requirement. Elections, whether involving candidates or measures, can generate a great deal of passion. The losing side is going to look for someone to blame. If the election official has taken a position on one side or another, the fairness of the election will be questioned.
I knew most of the county election officials in California for 23 years; I never heard of any of them ever getting involved in anything on a ballot, much less chairing the campaign. It makes no difference what the issue is. When county clerks must run for election, it is difficult enough for them to appear impartial without also involving themselves in other campaigns.
Some of the biggest problems county clerks have are a result of errors by printers, mailing houses, and software vendors. The clerk must have confidence in their services, but must also scrutinize their work for accuracy. Rapid technological change is another challenge. The clerk must be familiar with the latest developments in his field, whether they are hardware, software, or legislative changes.
In short, I recommend that if you have an experienced administrator as county clerk-recorder, hang on to him for dear life.
Bruce Bolinger is a retired Nevada County clerk-recorder (1980-1998).
What should they look for in a candidate?
The only legal requirement is to be a registered voter in the county. But the duties of the office include acting as Registrar of Voters and conducting all federal, state, and local elections in the county; performing non-elections county clerk duties such as maintaining vital records and issuing marriage licenses; and serving as the county recorder in maintaining records of transfer of ownership of land so that the chain of title can be determined if, for example, you buy or sell a home.
The most visible duties are elections. If something goes wrong in an election, it becomes a major issue. Elections in the larger counties tend to be run by the registrar of voters, appointed by the board of supervisors, and, in the smaller counties, by elected county clerks. Whichever system is used, the office is not a policy-making position like a supervisor's seat or a legislative office; it is an administrative position for which you want an experienced administrator.
Some of the worst foul-ups I have seen were the result of inexperienced persons running elections. One such registrar, whose only experience was in personnel, tried to save money by having the county print shop print the mail ballots. But modern ballot-counting equipment requires ballots printed to exacting tolerances. None of that county's mail ballots could be counted on election night.
In another example, a new registrar had been an aide to a board member. He failed to monitor the printing of the return envelopes used for mail ballots. The insides of the envelopes were printed with security marks to prevent someone from seeing the ballots through the envelopes.
All fine and good. But the ink wasn't fully dry. When voters signed the outsides of the envelopes, their signatures transferred onto the ballots inside, invalidating them.
Then there was the former sewer commissioner who underestimated the number of voting machines required in each precinct. Long lines developed. A judge ordered the polls be kept open late, triggering a state law that required all the other counties do the same.
In my own case, there was a primary election in which I had checked the printer's proofs of the ballots without having a member of the staff double-check my work. I didn't see that the printer had omitted a candidate's name. I was fortunate that on the first day of voting by absentee voters, the very first voter in the door spotted the error, giving me time to fix it.
Is there an advantage to being a lawyer to hold the office? Not really. First of all, most of the time issues do not arise that require legal advice. A good election administrator is going to be familiar with the provisions of the elections and government codes and will know what to do. When there is need for legal advice, the clerk is going to turn to county counsel anyway, since county counsel will have to defend the clerk if he or she is sued. The election attorneys in the Secretary of State's office are also available.
Utter impartiality is another requirement. Elections, whether involving candidates or measures, can generate a great deal of passion. The losing side is going to look for someone to blame. If the election official has taken a position on one side or another, the fairness of the election will be questioned.
I knew most of the county election officials in California for 23 years; I never heard of any of them ever getting involved in anything on a ballot, much less chairing the campaign. It makes no difference what the issue is. When county clerks must run for election, it is difficult enough for them to appear impartial without also involving themselves in other campaigns.
Some of the biggest problems county clerks have are a result of errors by printers, mailing houses, and software vendors. The clerk must have confidence in their services, but must also scrutinize their work for accuracy. Rapid technological change is another challenge. The clerk must be familiar with the latest developments in his field, whether they are hardware, software, or legislative changes.
In short, I recommend that if you have an experienced administrator as county clerk-recorder, hang on to him for dear life.
Bruce Bolinger is a retired Nevada County clerk-recorder (1980-1998).
