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Greene v. Marin County Flood Control & Water Conservation Dist., 49 Cal.4th 277, 231 P.3d 350, 109 Cal.Rptr.3d 620, 10 Cal. Daily Op. Serv. 7049, 2010 Daily Journal D.A.R. 8390

Facts

The Marin County Flood Control and Water Conservation District proposed a storm drainage fee to address chronic flooding in the Ross Valley area. The election to approve the fee was conducted by mail, with ballots requiring voter identification and signatures. A property owner, Ford Greene, challenged the election, claiming that the requirement for voters to sign their ballots violated the constitutional right to a secret ballot, as the ballots revealed the voter's identity. The trial court upheld the election, but Greene's appeal led to a reversal by the Court of Appeal, which found the election procedures inadequate in ensuring ballot secrecy.

In 2007, the Marin County Flood Control and Water Conservation District (District) proposed a new storm drainage fee to be imposed on the owners of property within Zone 9 of the District (Ross Valley), which includes all or part of Larkspur, Ross, San Anselmo, Fairfax, and surrounding communities.

Issue

Did the election procedures for the storm drainage fee violate the voting secrecy requirement of the California Constitution?

The crux of Greene's complaint was that the notice given to the voters did not adequately inform them that they were required to sign the ballot, because the warning was inconspicuously placed in small type and was not in boldface.

Rule

The California Supreme Court held that the election procedures under article XIIID, section 6 do not require the same level of ballot secrecy as mandated by article II, section 7, and that the procedures enacted by the District were sufficient.

We therefore conclude, based on all the above, that section 4 of article XIIID, sets forth a balloting scheme that authorizes (1) a ballot on which a property owner indicates not only his or her vote, but also his or her name and parcel; (2) public disclosure of the ballots, at least during and after tabulation.

Analysis

The court analyzed the relevant constitutional provisions and determined that while article II, section 7 guarantees a secret ballot, article XIIID, section 6 allows for procedures that do not necessarily incorporate those secrecy requirements. The court found that the District's procedures, which included measures to keep ballots confidential before tabulation, were adequate and did not violate the constitutional right to a secret ballot.

The court analyzed the relevant constitutional provisions and determined that while article II, section 7 guarantees a secret ballot, article XIIID, section 6 allows for procedures that do not necessarily incorporate those secrecy requirements.

Conclusion

The California Supreme Court reversed the Court of Appeal's decision and reinstated the election results, concluding that the election procedures did not violate the voting secrecy requirement.

The California Supreme Court reversed the Court of Appeal's decision and reinstated the election results, concluding that the election procedures did not violate the voting secrecy requirement.

Who won?

The Marin County Flood Control and Water Conservation District prevailed in the case, as the Supreme Court found that their election procedures complied with the legal requirements and did not infringe upon the voters' rights.

The Marin County Flood Control and Water Conservation District prevailed in the case, as the Supreme Court found that their election procedures complied with the legal requirements and did not infringe upon the voters' rights.

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