The Bakersfield Californian

Shepard releases memo alleging election errors in 16th District

- BY JOHN DONEGAN

Former Republican challenger David Shepard, R-Portervill­e, released a memorandum Thursday that alleges various “administra­tive errors and likely violations” among three of the four county election offices that comprise California’s 16th State Senate District.

Shepard originally conceded in January, after losing to Democratic candidate Melissa Hurtado by 13 votes, following a two-month recount process that resulted from the near-split midterm race.

But in his memo, Shepard alleges that he likely lost due to errors committed by the counties of Kern, Fresno and Kings in their counting process during the election and subsequent recount.

“Of the four counties that comprise Senate District 16, likely illegaliti­es were uncovered in three of those counties,” the report read. “Because of these errors, effective legislativ­e governance in the State of California was likely compromise­d due to the inaction of the various registrars of voters.”

The 10-page report alleges that Fresno County refused to accept 10 vote-by-mail ballots on Dec. 8, 2022 “despite publicly informing numerous elections observers that (they) would accept voters’ cures until 5 p.m.” of the same day. In Kings County, the report said, election officials “refused to provide voted ballots for inspection” and failed to provide an “adequate review” of their vote-by-mail ballots during the recount.

Elections officials in Fresno and Kern confirmed Thursday that they had never received a copy of the report, and that the media inquiry was their first hearing about it. Kings County Registrar of Voters Lupe Villa did not respond to immediate requests for comment, while Fresno Registrar James Kus said early Thursday morning that his staff would further review the report’s claims.

“The Fresno County Clerk/Registrar of Voters Department is committed to adhering to California and federal election law and maintainin­g the highest level of service to the voters of Fresno County,” Kus said via email Thursday.

“The department looks forward to continuing to build upon our history of election integrity and voter access during the 2024 election cycle.”

In Kern, “at least one ballot” was argued to have been wrongfully miscounted. The memo then criticized the Kern elections office for providing the public “misleading” numbers in their count updates that it felt were “oftentimes substantia­lly underrepor­ting” the number of uncounted ballots.

As it was a contentiou­s issue at the time, then-Registrar of Voters Mary Bedard explained in December that the discrepanc­y between estimates of unprocesse­d and processed ballots was a combinatio­n of the confirmed number of signatures they had on hand with their rounded estimate of what was left, figured by the number of remaining ballot trays, which in sum gave the impression of an exact number.

“Orange County estimated their remaining ballots at 404,593 when it was actually 383,167, a difference of over 21,000 ballots,” Bedard said as an example, explaining at the time that this algorithm was commonly used across California.

In response to Shepard’s memo, Kern County Registrar of Voters Aimee Espinoza stressed that the grievances listed are not substantia­ted, and found it unfortunat­e that Shepard’s campaign did not forward her office the informatio­n to review.

“I can understand his frustratio­n by losing in such a close race,” Espinoza said. “But I hope that people understand this report is based on (Shepard’s) opinion and I also hope it doesn’t deter voters or further their distrust in elections.”

Among the state election code laws cited in the report is a reading of article II, section 2.5 and a “ballot Argument in favor of Propositio­n 43, which says one’s right to a vote is ‘meaningles­s if you can’t be sure that your vote will be counted.’”

“Elections shouldn’t be decided by courts or government officials — elections should be decided by the citizens who vote in them,” the report read.

Espinoza countered that such a system could significan­tly compromise an election’s integrity.

“For the registrar of voters, who are voted by people, we are an extension of those who voted us into office, to make sure people’s votes are counted,” Espinoza said. “Regular voters can count on me to make sure their votes are counted.”

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 ?? ELIZA GREEN / THE CALIFORNIA­N / FILE ?? A Dec. 21 file photo shows election workers sorting through ballots as they perform a recount for the 16th District Senate race at the Kern County Elections Office in downtown Bakersfiel­d.
ELIZA GREEN / THE CALIFORNIA­N / FILE A Dec. 21 file photo shows election workers sorting through ballots as they perform a recount for the 16th District Senate race at the Kern County Elections Office in downtown Bakersfiel­d.

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